ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2004
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE
Volume One

COMPILER'S NOTE
General Acts and Resolutions of the 2004 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 May 1, 2003, and April 30, 2004, are printed in Volume II beginning at pages 4545 and 4681, respectively. The charter of the Cusseta-Chattahoochee Com1ty consolidated government is printed in Volume II beginning at page 4811.
There are no numbered pages between page 1112, 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Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed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 deternlining the su~ject 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 2004
TABLE OF CONTENTS
VOLUME ONE
Acts and Resolutions ofGeneral Application ........................... .
VOLUME TWO
Acts and Resolutions of Local Application ........................... 3501 Collllty and Consolidated Goverrunent Home Rule Actions . . . . . . . . . . . . . . 4545 Municipal Home Rule Actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4681 Cusseta-Chattahoochee Collllty Charter ............................. 4811
VOLUME THREE
Acts by Numbers-Page References ................................... lA Bills and Resolutions-Act Number References .......................... SA Index-Tabular .................................................. lOA Index-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 A Population ofGeorgia Collllties-Alphabetically ....................... 115A Population ofGeorgia Collllties-Numerically ......................... 122A Population of Municipalities-Alphabetically . . . . . . . . . . . . . . . . . . . . . . . . . . 127A Population of Municipalities-Numerically ........................... 134A Population ofJudicial Circuits ..................................... 141A Georgia Senate Districts, Alphabetically by Collllty .................... 145A Georgia Senators, Numerically by District ........................... 147A Georgia House Districts, Alphabetically by Collllty . . . . . . . . . . . . . . . . . . . . 15 OA Georgia Representatives, Numerically by District . . . . . . . . . . . . . . . . . . . . . 15 2A Status ofReferendum Elections .................................... 161A Vetoes by the Governor .......................................... 320A State Auditor's Report on Fllllding of Retirement Bills . . . . . . . . . . . . . . . . . . 333A

GEORGIA lAWS 2004 SESSION
PUBUC OFFICERS- REVENUE SHORTFALL RESERVE; APPROPRIATIONS.
No. 426 (House Bill No. 1207).
AN ACT
To amend Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjus1ment reserve, so as to authorize the General Assembly of Georgia to appropriate $208,632,306 for Fiscal Year 2004 and 7 million for State Fiscal Year 2005 from the revenue shortfall reserve; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-12-93 of the Official Code of Georgia Annotated, relating to the revenue shortfall reserve and midyear adjus1ment reserve, is amended by adding new subsections (e) and (f) at the end thereofto read as follows:
(e) Any other provision of law notwithstanding, the General Assembly of Georgia is authorized to appropriate $208,632,306 for State Fiscal Year 2004 from the revenue shortfall reserve. (f) Any other provision oflaw notwithstanding, the General Assembly ofGeorgia is authorized to appropriate $7 million for State Fiscal Year 2005 from the revenue shortfall reserve.
SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
SECTION3. All laws and parts oflaws in conflict with this Act are repealed.
Approved February 10, 2004.

2

GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE GOVERNMENT- APPROPRIATIONS; SUPPLEMENTAL; S. F. Y. 2003-2004.
No. 430 (House Bill No. 1180)

AN ACT

To amend an Act providing appropriations for the State Fiscal Year 2003-2004 known as the "General Appropriations Act", approved JWie 4, 2003 (Ga. L. 2003, p. 71 0), so as to change certain appropriations fur the State Fiscal Year 2003-2004; to make language and other changes; to reallocate certain fimds; 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 2003-2004, as amended, known as the "General Appropriations Act" approved JWie 4, 2003 (Ga. L. 2003, p. 71 0), is further an1ended by striking everything following the enacting clause through Section 66, and by substituting in lieu thereof the following:

'That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July I, 2003, and ending JWie 30, 2004, as prescribed hereinafter for such fiscal year, from fimds from the Federal Government and the General FWids of the State, including Wiappropriated surplus, reserves, new revenues, and a revenue estimate of $14,447,049,640 (excluding indigent trust fimd receipts, tobacco fimd 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

1$ 34,231,4701

$ 18,467,159

$

5,457,157

$

2,393,976

$

96,500

$

3,500

$

0

$

0

$

799,000

$

18,950

$

7,479

GEORGIA lAWS 2004 SESSION

3

Telecommunications Per Diem and Fees - Staff Contracts - Staff Per Diem and Fees - Elected Officials Contracts - Elected Officials Photography Expense Reimbursement AccoWit
Total Funds Budgeted
State Funds Budgeted
Senate Functional Budgets

Senate and Research Office

$

U. Governor's Office

$

Secretary ofthe Senate's Office

$

Senate Budget Office

$

Total

~

House Functional Budgets

House ofRepresentatives and Research

Office

$

Speaker ofthe House's Office

$

Clerk ofthe House's Office

$

Total

~

Joint Functional Budgets

Legislative CoWISel's Office

$

Legislative Fiscal Office

$

Legislative Budget Office

$

Ancillary Activities

$

Budgetary Responsibility Oversight

Committee

$

Total

~

$ $ $ $ $ $ $ $
$
Total Funds 6,166,082 $ 891,505 $ 1,212,212 $ 410,008 $ 8,679,8071 $
Total Funds
13,168,484 $ 457,858 $
1,558,487 $ 15,184,8291 $
Total Funds 3,031,534 $ 2,224,716 $ 1,221,680 $ 3,476,638 $
412,266 $ 10,366,8341 $

611,989 323,357
74,500 3,475,903
745,000 105,000 1,652,000 34,231,470
34,231,470
State Funds 6,166,082 891,505 1,212,212 410,008 8,679,8071
State Funds
13,168,484 457,858
1,558,487 15,184,8291
State Funds 3,031,534 2,224,716 1,221,680 3,476,638
412,266 10,366,8341

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of

4

GENERAL ACTS AND RESOLUTIONS: VOL. I

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 ofthe Legislative Branch ofGovernment; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law.

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

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

Is 29,118,037J

$ 24,224,703

$

1,416,500

$

400,000

$

0

$

20,795

$

1,105,815

$

195,000

$

0

$

1,423,000

rs$

332,224

29,118,037

IS 29,118,037

GEORGIA l.AWS 2004 SESSION

5

PART II

JUDICIAL BRANCH

Secdon 3. Judicial Branch.
State Funds Personal Services Other Operating Prosecuting Attorney's Cowcil Judicial Administrative Districts Payment to Cowcil of Superior Court Clerks Payment to Resource Center Computerized Information Network
Total Funds Budgeted

Is 140,268,4071

$ 16,618,242

$ 119,159,770

$

4,765,927

$

1,918,814

$

44,925

$

800,000

$

0

$

State Funds Budgeted

$ 140,268,407

Judicial Branch Functional Budgets
SupremeCourt Court ofAppeals Superior Court- Judges Superior Court- District Attorneys Cowcil ofJuvenile Court Judges Institute ofContinuing Judicial Education Judicial Cowci1 Judicial Qualifications Commission IndigentDefenseCowcil Georgia Courts Automation Commission GeorgiaOffice0fDisputeReso1ution Total

Total Funds

State Funds

$

8,691,829 $

7,371,463

$ 11.789,633 $ 11,699,633

$ 49,089,631 $ 49,089,631

$ 45,396,452 $ 43,852,547

$

1,384,901 $

1,384,901

$

1,048,305 $

1,048,305

$ 16,003,954 $ 15,918,954

$

250,642 $

250,642

$

9,304,145 $

9,304,145

$

0$

0

$

348,186 $

348,186

~.:;:---:;1;""';'4::-3,3::-::0:::7,'-;:67::::8:-rj-:$--:1::-:4-::-0,-=-26:;:::;8~,4~07:"11

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

IS 39,164,2761

$ 18,893,559

$

4,662,069

$

278,513

$

20,418

$

148,582

$

2,614,510

$

1,164,046

$

423,976

$

689,495

$

283,435

$

0

6

GENERAL ACTS AND RESOLUTIONS, VOL. I

Direct Payments to Georgia Building Authority for Capital Outlay
Direct Payments to Georgia Building Authority for Operations
Materials for Resale Public Safety Officers Indenmity FWid Health Plamring Review Board Operations Payments to Aviation Hall of Fame Payments to GolfHall of Fame Alternative Fuels Grant Payments to Georgia Teclmology Authority Removal ofHazardous Waste
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 ofthe Treasury

$

State Office ofAdministrative Hearings $

Total

~

$
$ $ $ $ $ $ $ $ $ $
$
Total Funds 30,943,102 $ 13,161,829 $
3,422,311 $ 3,006,134 $ 1,397,033 $
928,147 $ 612,461 $ 2,639,428 $ 4,455,894 $ 60,566,3391 $

2,096,250
1,867,799 6,014,012
0 32,077 44,450 68,737
0 21,171,786
92,625 60,566,339
39,164,276
State Funds 28,120,528
408,840 3,384,690
0 1,286,027
915,450 612,461 362,649 4,073,631 39,164,2761

B. Budget Unit: State Funds - Georgia Building Authority
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwrications Per Diem and Fees Contracts Capital Outlay Utilities Facilities Renovations and Repairs Payments to Department of Public Safety

Is

ol

$ 16,018,934

$

6,148,810

$

14,800

$

100,000

$

200,000

$

307,000

$

15,071

$

281,700

$

657,089

$

3,173,776

$

5,808,583

$ 7,839,685

$

510,229

$

3,151,435

GEORGIA l.AWS 2004 SESSION

7

Building Access Control Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Executive Division

$

Facilities Operations

$

Property Resources

$

Internal Operations

$

Transportation

$

External Operations

$

Total

~

$ $
$
Total Funds 2,234,588 $
27,439,242 $ 7,646,451 $ 1,184,402 $ 3,107,888 $ 4,284,785 $ 45,897,3561 $

1,670,244 45,897,356
0
State Funds 0 0 0 0 0 0
oj

c. Budget Unit: State Funds - Georgia
Technology Authority
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 Telephone Billings Radio Billings Materials for Resale Transfers to GIS Clearinghouse
Total Funds Budgeted
State Funds Budgeted

1$

ol

$ 54,658,111

$

5,370,000

$

490,140

$

0

$

185,485

$ 33,673,324

$

4,151,132

$

6,000

$ 14,319,286

$

400,000

$

0

$ 82,323,000

$

501,019

$ 3,481,106

$

0

$ 199,558,603

$

0

Section 5. De(!artment of Agriculture. State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications

1$ 37,230,7941

$ 32,587,578

$

3,850,488

$

1,043,708

$

0

$

412,082

$

664,341

$

1,198,343

$

375,509

8

GENERAL ACTS AND RESOLUTIONS~ VOL. I

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

Plant Industry

$

Animal Industry

$

Marketing

$

Internal Administration

$

Public Affairs/Animal Protection

$

Fuel and Measures

$

Consmner Protection Field Forces

$

Seed Technology

$

Total

~

$ $ $
$
$ $ $ $
$ $
$ $ $ $
Total Funds 8,400,602 $ 15,104,598 $ 7,451,391 $ 4,326,379 $ 2,444,558 $ 0$ 11,350,495 $ 802,790 $ 49,880,8131 $

33,500 1,479,998
566,619
3,357,556
3,042,091 142,000 10,000 425,000
653,000 0
39,000 0
49,880,813 37,230,794
State Funds 6,961,865 12,141,910 3,697,498 4,119,825 2,319,558 0 7,990,138 0 37,230,7941

Section 6. Department of Banking and Finance. State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees

Is 10,456,726J

$

9,019,404

$

269,025

$

318,557

$

0

$

2,347

$

170,978

$

548,976

$

117,004

$

10,435

Contracts

GEORGIA lAWS 2004 SESSION

9

Total Funds Budgeted State Funds Budgeted

$

0

$ 10,456,726

$ 10,456,726

Section 7. De~artment of Communi!! Affairs.
State Funds
Tobacco Funds
Personal Services Regular Operating Expenses
Travel Motor Vehicle Purchases Equipment Real Estate Rentals Pel" Diem and Fees Contracts Computer Charges Telecommunications Capital Felony Expense Contracts for Regional Planning and
Development Local Assistance Grants Appalachian Regional Commission
Assessment HOD-Community Development Block Pass
thruGrants 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 EZIEC Administration EZIEC Grants Regional Economic Development Grants Contracts for Homeless Assistance HUD Section 8 Rental Assistance Georgia Regional Transportation
Authority GHFA - Georgia Cities Foundation

$ 27,804,398

$ 65,834,093

$ 23,130,117

$

1,979,687

$

611,739

$

0

$

166,022

$

1,553,553

$

970,976

$

637,913

$

573,436

$

527,611

$

0

$

1,873,256

$

112,500

$

160,500

$ 30,000,000

$

307,125

$

5,000,000

$

2,834,618

$

0

$

0

$

2,925,000

$

772,189

$

2,808,000

$

0

$

0

$

0

$

1,250,000

$ 50,000,000

$

4,556,478

$

731,250

10

GENERAL ACTS AND RESOLUTIONS, VOL. I

Georgia Leadership Infrastructure Investment FWld
Quality Growth Program One Georgia
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Executive Division

$

Planning and Enviromnental Management

Division

$

Business and Financial Assistance

Division

$

Housing Finance Division

$

Finance Division

$

Administrative and Computer Support

Division

$

Georgia Music Hall ofFame Division

$

Community Services Division

$

Rural Development Division

$

OneGeorgia

$

Total

~

$

495,000

$

195,000

$ 65,834,093
Is 200,006,0631 s 65,834,093 Is 27,804,3981

Total Funds State Funds

1,033,202 $

766,282

4,270,422 $ 4,084,033

36,473,681 $ 9,153,794 $ 7,890,318 $

4,712,673 2,834,618 6,224,209

2,543,933 $ 1,264,010 $ 66,678,866 $ 4,863,744 $ l-l'-i,R--~4-O-Q-~- ~_
Z=I~I~IU.I-I~Ih=_.ll~h=_=i 1I -~

807,894 789,196 3,216,749 4,368,744 65,834,093
93,638,4911

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 CoWlties Health Insurance Payments

s 11786,912,272 s 53,116,681

$ 33,070,353

$ 8,328,073

$

388,883

$

0

$

75,136

$ 92,768,439

$

1,793,945

$

898,341

$

1,499,495

$ 392,681,680

$ 5,437,815,183

$

1,097,500

$

0

$

183,244

$

530,942

$ 1,009,000,000

GEORGIA lAWS 2004 SESSION

11

Medical Fair Loan Repayment Program Medical Scholarships Capitation Contracts for Family

$

61,258

$

350,757

$

728,000

Practice Residency Residency Capitation Grants Student Preceptorships

$

3,800,983

$

2,023,883

$

50,000

Medical Student Capitation Mercer School ofMedicine Grant

$

3,573,676

$ 18,445,897

Morehouse School ofMedicine Grant

$

8,088,577

SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation

$

401,225

$

435,722

$

110,255

Total Funds Budgeted

1s 7,o18,2o1,447l

Tobacco Funds Budgeted State Funds Budgeted

$ 53,116,681
1s 1,786,912,2721

Departmental Functional Budgets

Commissioner's Office Community Affairs Medicaid Benefits, Penalties and

Total Funds

$

878,539 $

$

363,822 $

State Funds 558,110 181,911

Disallowances Medical Assistance Plans

$ 5,437,815,183 $ 1,715,813,524

$ 93,205,722 $

8,759,929

Managed Care and Quality Information Teclmology General Counsel Operations

$ 2,191,886 $ $ 102,875,219 $ $ 6,272,585 $ $ 6,686,039 $

1,095,943 25,419,876
3,081,669 2,656,538

Financial Planning and Fiscal Policy

$

6,392,920 $

2,832,795

$

3,057,906 $

1,802,587

Minority Health

$

507,683 $

277,295

Women's Health Rural Health State Health Benefit Plan Public Employee Health Claims Georgia Board for Physician Workforce

$

355,585 $

$ 2,601,647 $

$ 304,991,665 $

$ 1,009,000,000 $

$ 37,422,099 $

339,080 2,204,650
0 34,000,000 37,422,099

State Medical Education Board

$

1,353,724 $

1,353,724

Composite Board ofMedical Examiners Total

$

2,229,223 $

2,229,223

~ 7,018,201,4471 $ 1,840,028,9531

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

Is 90,602,0231

$

0

$

8,200,000

$ 360,067,504

12

GENERAL ACTS AND RESOLUTIONS, VOL. I

Payments to Nursing Homes Total Funds Budgeted
Other Funds Federal Funds State Funds Budgeted

$ 241,927,965 1s 610,195,4691 $ 148,828,880 $ 370,764,566 1s 9o,6o2,o23l

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 Telecommmrications Per Diem and Fees Contracts PeachCare Benefits, Penalties and
Disallowances Total Funds Budgeted
Tobacco Funds Budgeted
State Funds Budgeted

$ 76,222,282

$ 4,970,705

$

368,353

$

165,254

$

45,000

$

0

$

1,155

$

130,599

$

0

$

11,675

$

0

$ 10,085,357

$ 274,203,081 1$ 285,010,4741 $ 4,970,705 1s 76,222,2821

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 Telecommmrications Per Diem and Fees Contracts Capital Outlay Utilities Court Costs CoWlty Subsidy CoWlty Subsidy for Jails CoWlty Workcamp Construction Grants

1$ 905,854,4821

$ 545,691,691

$ 64,058,000

$ 2,002,328

$

1,809,244

$ 2,494,619

$

5,678,792

$ 7,792,861

$ 7,178,331

$

42,637

$ 76,074,263

$

0

$ 26,309,405

$

1,300,000

$ 37,726,400

$ 15,350,000

$

0

GEORGIA LAWS 2004 SESSION

13

Central Repair Food Payments to Central State Hospital for

Meals Payments to Central State Hospital for

Utilities Payments to Public Safety for Meals Inmate Release Food Health Services Purchases University ofGeorgia- College of
Veterinary Medicine Contracts

Minor Construction Food

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Functional Budgets

Executive Operations

$

Administration

$

Human Resources

$

Field Probation

$

Facilities

$

Programs

$

Total

~

$
$
$ $ $ $
$ $ 1$ $ 1$ Total Funds 30,342,159 $ 22,888,396 $ 8,518,972 $ 84,923,874 $ 639,890,499 $ 148,078,214 $ 934,642,1141 $

1,093,624
4,268,025
1,627,150 577,160
1,450,000 130,643,440
449,944 1,024,200 934,642,1141
450,000 905,854,4821 State Funds
29,892,159 22,888,396
8,518,972 81,580,413 623,360,537 139,614,005 905,854,4821

Section 10. De)!artment 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
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Office ofthe Adjutant General

$

Georgia Air National Guard

$

1$ $ $ $ $ $ $ $ $ $ $ $ $ $
$
Total Funds 2,559,246 $ 7,479,634 $

7,895,8751 17,793,977 23,939,607
90,875 0
52,800 68,625 43,211 1,022,261 1,341,895 244,000
0 9,930 44,607,181
7,895,875
State Funds 2,096,505 985,832

14

GENERAL ACTS AND RESOLUTIONS, VOL. I

Georgia Army National Guard

$

Total

~

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

34,568,301 $ 44,607,1811$

4,813,538 7,895,875J

$ 5,920,874,093

$

0

$ 42,333,072

$

5,712,285

$

1,281,935

$

0

$

292,680

$

1,135,404

$

4,222,787

$ 41,735,506

$

9,573,252

$

903,485

$

772,896

$ 30,569,700

$ 1,693,656,941 $ 1,558,335,891 $ 748,004,010 $ 66,740,638 $ 69,289,4I6 $ I 96,506,7 I 6 $ 761,520,976 $ I76,850,170 $ 23,587,944 $ 46,621,4IO

$ 30,517,972

$ I47,220,233

$ 905,99I,469

$ I57,439,881

$ (1,206,225,204)

$ I 18,649,246

$

0

$ 288,I82,775

$

6,352,443

$

826,722

$

384,555

GEORGIA IAWS 2004 SESSION
Youth Apprenticeship Grants High School Program - Agriculture Ed High School Program- Tech/Career Ed Payment of Federal FW1ds to Board of
Technical and Adult Education Vocational Research and Curriculwn 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 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 State and Local Education Improvement Health Insurance - Non-Cert. Persmmel
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

15

$

4,022,464

$

7,289,841

$ 48,795,180

$ 16,909,425

$

57,313

$ 309,883,868

$

7,021,675

$ 191,495,397

$

5,508,750

$

0

$

1,746,166

$

719,129

$ 188,375,722

$

786,651

$

1,546,542

$

5,702,222

$ 21,881,401

$

1,158,544

$

0

$

1,608,000

$

150,000

$ 10,567,629

$ 36,246,276

$

7,301,341

$

639,390

$

0

$ 107,826,070

$

9,389,202

$

0

$

267,535

$ 11,111,789

$ 66,287,536

$

4,911,783

$

3,744,077

$

1,188,000

$

8,478,748

$

250,000

$

6,894,490

$

0

$

5,643,290

$

0

16

GENERAL ACTS AND RESOLUTIONS, VOL. I

Grants For School Nurses Reading and Math Programs Student Testing Internet Access School hnprovement Teams Connmm.ities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-B Reading First Title I-C Migrant Education (Federal)

$ 30,000,000

$ 75,422,493

$ 10,975,646

$

3,644,339

$ 11,636,228

$

1,305,919

$

0

$

11,466

$

2,381,573

$

0

$

8,626,018

Title I-D Neglected and Delinquent

$

2,000,255

Title II-A hnproving Teacher Quality Title II-D Enhancing Education Thru

$ 72,520,695

Technology Title III-A English Language Title IV-B 21st Century Connnunication Title VI-B Rural and Low-Income Temporary QBE Reduction

$ 17,764,034

$

6,786,358

.,

$

8,691,764

$

6,941,585

$ (283,457 ,474)

Total Funds Budgeted

1$ 6,999,643,5511

Indirect DOAS Services Funding Tobacco Funds Budgeted

$

0

$

0

State Funds Budgeted

1$ 5,920,874,0931

Departmental Functional Budgets

State Superintendent

$

Policy and External Affairs

$

Curriculum and Instruction

$

Governor's Honors Program

$

Finance and Business Operations

$

Teacher and Student Support

$

Information Technology

$

Total Funds 306,548 $
6,407,280 $ 23,571,834 $
1,472,108 $ 13,250,398 $ 14,578,981 $ 20,567,286 $

State Funds 306,548
6,103,964 5,755,524 1,394,519 6,388,718 2,696,910 15,088,951

Local Programs Student Achievement

$ 6,900,622,725 $ 5,865,300,818

$

0$

0

Georgia Academy for the Blind

$

6,125,523 $

5,862,005

Georgia School for the Deaf Atlanta Area School for the Deaf

$ 5,920,575 $ $ 6,820,293 $

5,494,104 6,482,032

Total

$ 6,999,643,551 $ 5,920,874,093

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

1$

ol

$

0

$

0

$

0

$

0

$

0

GEORGIA LAWS 2004 SESSION

17

Applied Technology Labs Financial and Management Equipment Alternative Programs Fort Discovery National Science Center Capital Outlay Learning Logic Sites Student Information System
Total Funds Budgeted
Lottery Funds Budgeted
c. Budget Unit: Office of School
Readiness Pre-Kindergarten - Grants Pre-Kindergarten- Personal Services Pre-Kindergarten- Operations Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications Utilities Capital Outlay Federal Programs Standards ofCare
Total Funds Budgeted
Lottery Funds Budgeted
State Funds Budgeted

$

0

$

0

$

0

$

0

$

0

$

0

$

0

I~ :I

Is 1,21522991

$ 252,493,071

$

2,131,565

$

4,909,478

$

1,123,882

$

29,783

$

43,283

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

10,351

$

0

$

0

$ 75,495,529

$

667,000

1$ 336,911,9421
s 259,534,114

Is

1,215,2991

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

~

61720001

$

3,697,923

$

654,200

$

29,000

$

0

$

12,450

$

1,269,708

$

345,740

$

82,002

$

973,600

18

GENERAL ACTS AND RESOLUTIONS~ VOL. I

Contracts Benefits to Retirees
Total Funds Budgeted
State Funds Budgeted

$

2,526,000

$

617,000

$ 10,207,623

$

617,000

Section 13. Foresta 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
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Reforestation

$

Field Services

$

General Administration and Support

$

Total

~

Is
$ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 2,035,204 $
34,103,948 $ 3,650,331 $
39,789,4831 $

33,533,3611 29,581,589
5,730,944 120,671 894,579
1,727,651 357,000 11,518 723,271 9,500 544,260 60,000
28,500 0
39,789,483
33,533,361
State Funds 3,348
30,047,837 3,482,176
33,533,3611

Section 14. Georg!a Bureau oflnvestigation. 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

Is 59,854,4201

$ 48,386,014

$

5,576,524

$

399,199

$

233,921

$

220,443

$

407,820

$

497,670

$

1,152,693

$

2,231,277

$ 2,319,974

$

288,667

$

0

GEORGIA LAWS 2004 SESSION

19

Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted
State Funds Budgeted Departmental Functional Budgets

Administration

$

Investigative

$

Georgia Crime Information Center

$

Forensic Sciences

$

Criminal Justice Coordinating Council

$

Total

~

$ $ $
$
Total Funds 6,181,937 $
25,095,702 $ 10,718,043 $ 17,690,792 $ 31,311,099 $ 90,997,5731 $

1,500,000 27,783,371 90,997,573
59,854,420
State Funds 6,181,937
25,095,702 10,553,723 17,690,792
332,266
59,854,420 1

ecdon 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 ofOperations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants ofNon-State Funds Hwnanities Grant - State FWlds Art Acquisitions - State FWlds Grants to Local Systems Grants - Local EMA Grants - Other Grants - Civil Air Patrol Registrations Troops to Teachers
Total Funds Budgeted
State Funds Budgeted

Is 37,553,2951

$ 21,240,587

$

1,550,980

$

348,070

$

0

$

59,911

$

439,488

$

1,173,160

$

555,212

$

1,408,170

$

4,834,415

$

4,901,136

$

40,000

$

1,861,681

$

358,595

$

3,572,584

$

274,194

$

162,630

$

0

$

0

$

1,085,000

$

0

$

57,000

$

0

$

111,930

$ 44,034,743

$ 37,553,295

20

GENERAL ACTS AND RESOLUTIONS, VOL. I

Departmental Functional Budgets
Governor's Office Office ofEqual Opportwrity Office of Planning and Budget Council for the Arts Office ofConswner Affairs Child Advocate Hwnan Relations Commission Professional Standards Commission Georgia Emergency Management Agency Education Accountability Office ofthe Inspector General Office of Homeland Security Total

Total Funds

$ 7,161,412 $

$ 1,151,394 $

$ 9,509,890 $

$ 4,902,513 $

$ 4,044,380 $

$

719,483 $

$

0$

$ 6,762,279 $

$ 6,665,342 $

$ 1,472,888 $

$

932,369 $

$

712,793 $

~ 44,034,7431 $

State Funds 7,161,412 764,177 9,509,890 4,238,420 3,476,691 719,483 0 6,650,349 2,180,823 1,206,888 932,369 712,793
37,553,2951

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

$ 1,377,663,435 $ 44,068,581 $ 2,000,000

$ 106,335,105

$

5,823,370

$ 2,701,746

$

0

$

481,747

$ 10,316,012

$ 5,616,648 $ 32,098,199

$ 53,851,170 $ 16,576,184

$

0

$

0

$ 87,093,017

$

163,451

$

2,095,936

$ 34,317,677

$

1,704,400

$

1,850,000

Is 361,024,6621

$ 4,737,777

$ 8,278,248

$ 2,000,000
s1 165,601,8561

GEORGIA LAWS 2004 SESSION

21

Departmental Functional Budgets

Total Funds

State Funds

Commissioner's Office

$

1,191,672 $

1,191,672

Office of Planning and Budget Services

$

4,143,173 $

4,114,656

Office ofAdoptions

$

8,848,033 $

5,602,214

Children's Commwrity Based Initiative

$

9,963,035 $

9,688,035

Human Resources and Organization

Development Computer Services Technology and Support Facilities Management

$

1,239,398 $

1,239,398

$ 69,061,757 $ 33,602,493

$ 17,614,937 $ 13,239,892

$

8,728,716 $

6,499,514

Regulatory Services - Program Direction and

Support

$

Child Care Licensing

$

Health Care Facilities Regulation

$

Office ofInvestigation

$

Office of Financial Services

$

Office ofAudits

$

Human Resource Management

$

Transportation Services

$

Office of Facilities and Support Services $

Indirect Cost

$

Policy and Govermnent Services

$

Aging Services

$

DDSA Council

$

952,428 $ 3,826,081 $ 12,251,053 $ 6,553,468 $ 9,856,941 $ 2,483,613 $. 6,668,108 $ 18,862,511 $ 5,557,937 $
0$ 1,396,407 $ 98,847,723 $ 2,276,763 $

677,915 3,650,087 5,717,529 1,786,944 5,467,231 2,483,613 6,668,108 2,771,004 5,557,937 (18,061,135) 1,246,407 64,291,541
29,023

Brain and Spinal Trust Fund Benefits Office ofChild Support Enforcement Total

$

2,000,000 $

2,000,000

r$::~-~.3.66:.18,,,.07.2,0.40~,.,69,.60,2.8.1.,$$~__,._1__71,56.!,,8.4=81-0=6-,,~10.0;2:46.1,

2. Public Health Budget:

Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases

$ 55,755,173

$ 77,472,557

$

885,429

$

0

Equipment Real Estate Rentals

$

195,367

$

1,509,862

Per Diem and Fees Contracts Computer Charges Telecommwrications Special Purpose Contracts Purchase of Service Contracts Grant-In-Aid to Counties Postage Medical Benefits
Total Funds Budgeted

$

1,053,033

$

9,229,433

$

0

$

1,032,038

$

324,000

$ 28,268,650

$ 153,888,428

$

196,235

$

6,138,072

IS 335,948,2771

22

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 $

Grant in Aid to Counties

$

Children's Medical Services

$

Emergency Health

$

Primary Health Care

$

Epidemiology

$

Immunization

$

Community Tuberculosis Control

$

Family Health Management

$

Infant and Child Health

$

Maternal Health - Perinatal

$

Chronic Disease

$

Diabetes

$

Cancer Control

$

Director's Office

$

Vital Records

$

Health Services Research

$

Environmental Health

$

Laboratory Services

$

Community Health Management

$

AIDS

$

Drug and Clinic Supplies

$

Adolescent Health

$

Public Health - Planning Councils

$

Early Intervention

$

Injury Control

$

Smoking Prevention and Cessation

$

Public Health - Division Indirect Cost

$

Total

~

3. Family and Children Services Budget:

Personal Services

Regular Operating Expenses

$ $
Is
Total Funds 13,601,694 $ 5,402,983 $ 2,903,473 $ 2,195,951 $ 6,251,438 $ 5,385,227 $ 3,285,095 $ 11,695,479 $ 85,325,463 $ 67,334,380 $ 13,078,079 $ 3,762,641 $
593,232 $ 3,460,209 $ 1,702,964 $ 5,841,748 $ 2,192,913 $
883,516 $ 2,883,080 $ 1,884,391 $
0$ 8,225,968 $ 3,011,205 $ 2,264,558 $
936,370 $ 2,100,668 $ 7,902,630 $
294,270 $ 21,942,470 $ 12,152,398 $ 12,580,279 $
145,387 $ 13,037,544 $
255,988 $ 11,434,586 $
0$ 335,948,2771 $
$ $

324,160 22,193,977 161,051,2911
State Funds 13,444,126 2,425,625 2,578,298
985,089 5,484,619 5,385,227 1,009,508
725,000 0
66,347,829 6,248,767 2,319,293 477,088 3,100,969 0 4,242,787 1,286,761 661,655 1,199,521 1,884,391 0 8,225,968 2,733,139 1,983,776 936,370 1,569,193 7,632,630 294,270 15,080,753 4,079,320 2,885,718 127,890 10,336,018 143,983 11,434,586 (4,024,899)
183,245,2681
13,908,298 3,181,183

GEORGIA LAWS 2004 SESSION

23

Travel Motor Velricle 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 DFACS- Operations
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Director's Office

$

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

$

Refugee Programs

$

Energy Benefits

$

County DFACS Operations- Eligibility $

County DFACS Operations- Social Services$

Food Stamp Issuance

$

County DFACS Operations- Homemakers

Services

$

County DFACS Operations - Joint and

Administration

$

County DFACS Operations- Employability

Program

$

Employability Benefits

$

Legal Services

$

$

1,206,903

$

0

$

237,019

$

455,237

$

6,681,954

$

8,745,966

$

0

$

669,785

$

7,453,650

$ 123,303,498

$

7,212,714

$ 474,778,521

$ 31,182,611

$

2,401,505

$ 387,511,570

1$ 1,068,930,4141

$

0

$

3,341,218

1$ 455,978,6021

Total Funds 981,512 $
6,840,444 $ 4,617,351 $ 3,734,855 $ 14,160,081 $ 2,856,460 $ 5,233,714 $ 3,243,921 $
419,493 $ 114,134,948 $
0$ 2,795,420 $ 7,223,130 $ 115,156,448 $ 148,596,356 $ 3,190,752 $

State Funds 981,512
5,650,973 2,631,522 3,734,855 1,939,005 2,856,460 3,240,013 3,104,482
419,493 50,584,878
0 0 0 50,350,630 64,504,087 0

7,802,877 $

0

90,212,741 $ 43,413,239

26,143,148 $ 43,105,900 $
6,546,322 $

10,247,979 10,743,985
2,670,531

24

GENERAL ACTS AND RESOLUTIONS, VOL. I

Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Prevention ofFoster Care Troubled Children

$ 68,872,403 $ $ 61,823,596 $ $ 13,280,480 $ $ 49,863,693 $ $ 16,744,598 $ $ 64,908,874 $

Child Day Care Special Projects Children's Trust Fund Indirect Cost
Total

$ 174,950,043 $

$ 4,037,204 $

$ 7,453,650 $

$

0$

~ 1,068,930,4141 $

4. Community Mental Health/Mental

Retardation and Institutions:

Personal Services

$

Operating Expenses

$

Motor Vehicle Equipment Purchases

$

Utilities

$

Major Maintenance and Construction

$

Community Services

$

Total Funds Budgeted

1s

Indirect DOAS Services Funding

$

Tobacco Funds Budgeted

$

State Funds Budgeted

1s

Departmental Functional Budgets

Southwestern State Hospital

Total Funds $ 35,127,005 $

Augusta Regional Hospital Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital

$ 21,301,244 $ $ 33,009,271 $ $ 42,133,045 $ $ 116,197,217 $ $ 21,567,229 $ $ 47,145,476 $

West Central Regional Hospital Outdoor Therapeutic Programs

$ 24,324,453 $ $ 4,274,012 $

Community Mental Health Services Community Mental Retardation Services Community Substance Abuse Services

$ 208,278,597 $ $ 167,227,086 $ $ 102,490,368 $

Program Direction and Support

$

Regional Offices

$

Total

~

Budget Unit Object Classes:

Personal Services

Regular Operating Expenses

Travel

Motor Vehicle Purchases

15,144,492 $
Is 9,093,254 $
847,312,749
$ $ $ $

37,137,938 40,213,414
7,851,508 28,604,393
3,069,048 36,720,495 50,141,358
3,997,204 7,453,650 ( 12,942,832) 459,319,820]
300,223,326 59,967,012 200,000 9,501,001 1,991,161
475,430,249 847,312,7491
558,163 10,255,138 595,031,6861
State Funds 21,357,081 15,387,651 22,429,463 31,017,081 67,113,686 17,111,722 18,558,275 19,457,788 3,333,322 195,456,095 132,992,447 47,364,467
6,759,666 6,948,080 605,286,8241
476,221,902 86,477,110 4,794,078 200,000

GEORGIA lAWS 2004 SESSION

25

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 DFACS -Operations Medical Benefits Brain and Spinal Trust Fund Benefits
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds Budgeted
Brain and Spinal Trust Fund
State Funds Budgeted

$

914,133

$ 12,281,111

$ 13,351,635

$ 50,073,598

$ 53,851,170

$ 18,278,007

$ 59,967,012

$ 475,430,249

$

0

$ 7,453,650

$ 123,303,498

$ 7,536,714

$ 474,778,521

$ 146,544,278

$ 153,888,428

$

2,154,612

$

9,501,001

$

4,693,676

$ 34,317,677

$ 389,215,970

$

6,138,072

$

1,850,000

Is 2,613,216,1021 s 5,620,100 s 44,068,581 s 2,000,000

Is 1,377,663,4351

Section 17. Del!artment of Industrx, 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

s

$

$ 12,205,010

$

1,246,602

$

590,306

$

0

$

15,597

$

376,336

$

793,884

$

416,120

$

35,200

$

1,245,148

$

244,335

$

8,518,073

26

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

$

Total Funds Budgeted

Is

Tobacco Funds Budgeted

s

State Funds Budgeted

Is

Departmental Functional Budgets

Total Funds

Administration

$ 21,652,905 $

Economic Development

$ 7,082,068 $

Trade

$ 2,914,020 $

Tourism

$ 4,631,529 $

Film Total

$

609,492 $

~ 36,890,0141 s

11,154,653 0
48,750 0 0 0 0
36,890,014]
0 36,890,014J
State Funds 21,652,905
7,082,068 2,914,020 4,631,529
609,492 36,890,014]

Section 18. Department of Insurance.

State Funds

Is

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

$

Total Funds Budgeted

s

State Funds Budgeted

s

Departmental Functional Budgets

Total Funds

Internal Administration

$ 5,266,572 $

Insurance Regulation

$ 6,386,142 $

Industrial Loans Regulation

$

510,639 $

Fire Safety and Mobile Home Regulations $ 4,726,805 $

Special Insurance Fraud F\Uld Total

$

573,853 $

~ 17,464,0111 s

16,427,Sllj 14,943,088
702,947 433,030
80,176 20,000 223,000 622,028 353,700 86,042
0 0 17,464,011
16,427,511
State Funds 5,266,572 6,386,142 510,639 3,690,305 573,853
16,427,5111

GEORGIA lAWS 2004 SESSION

27

Section 19. DeJ2artment of Juvenile Justice.
State Funds Personal Services Regular Operating Expenses
Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwrications 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
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Regional Youth Development Ct..nters

$

Youth Development Centers

$

YDC Purchased Services

$

Court Services

$

Day Centers

$

Group Homes

$

Commwrity Corrections

$

Law Enforcement Office

$

Assessment and Classification

$

Multi-Service Centers

$

Youth Services Administration

$

Office of Training

$

Children and Youth Coordinating Council $

Total

~

Is
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
Total Funds 82, I02,260 $ 69,498,000 $ 22,366,803 $ 34,307,923 $
574,022 $ 1,848,949 $ 50,578,032 $ I ,561,125 $
911,303 $ 4,342,246 $ 19,998,401 $ 3,255,802 $ 2,282,648 $ 293,627,5141 $

273,367,7221 162,525,770
14,390,568 2,167,512
214,143 686,951 3,398,720 4,202,418 2,255,742 4,329,248 5,438,254 3,260,451 383,333
0 88,971,145
0 0 0 200,000 1,203,259 293,627,514
273,367,722
State Funds 80,598,300 67,250,581 21,462,996 29,753,116
574,022 1,848,949 41,267,008 1,561,125
911,303 4,252,246 19,800,182 3,255,802
832,092
273,367,7221

28

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 20. De(!artment 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
Total Funds Budgeted
State Funds Budgeted

Is 14,907,0621

$ 87,832,868

$

7,405,831

$

1,481,527

$

34,858

$

566,309

$

2,710,148

$

2,830,503

$

1,910,832

$ 54,500,000

$

2,703,378

$

1,513,287

$

0

$

1,287,478

$

0

$ 164,777,019
s 14,907,062

B. Budget Unit: State Funds - Division Of Rehabilitation Services
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 Capital Outlay
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted
Departmental Functional Budgets

Vocational Rehabilitation Services

$

Business Enterprise Program

$

Is
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Is
$
Is
Total Funds 85,351,353 $
1,651,003 $

27,775,7361 91,827,382 13,928,245
2,003,571 39,095
1,081,290 6,022,313 7,177,826 4,425,033 2,573,235 2,953,221 41,304,191 1,080,076 12,657,710
255,000 0
187,328,1881 150,000
27,775,7361
State Funds 17,613,170
347,875

GEORGIA LAWS 2004 SESSION

29

Administration Disability Adjudication Georgia Industries for the Blind Roosevelt Wann Springs Institute
Total

$ 3,911,097 $ $ 55,297,080 $ $ 11,800,937 $ $ 29,316,718 $
s ~ 187,328,1881

Section 21. De~artment of Law.

State Funds

~

Pro;onal 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

$

Total Funds Budgeted

s

State Funds Budgeted

s

2,433,451 0
701,562 6,679,678 27,775,7361
14,264,9331 14,339,147
705,564 181,781
0 0 299,269 831,689 155,913 19,350,000 0 197,158 0 36,060,521
14,264,933

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

IS

Ol

$

8,630,409

$

991,171

$

133,213

$

0

$

706,480

$

239,697

$

843,311

$

1,727,172

$

173,863

$

2,201,416

Is 15,646,7321

s

0

s 1,573,802

s 13,142,987

s

929,943

IS

Ol

30

GENERAL ACTS AND RESOLUTIONS, VOL. I

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
Total Funds Budgeted
Department of Transportation Permit Funds Indirect DOAS Funding
State Funds Budgeted
Departmental Functional Budgets

Administration

$

Operations

$

Enforcement

$

Total

~

[s
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Is
$ $
Is
Total Funds 33,307,404 $ 40,232,849 $ 14,979,472 $
88,519,7251 s

77 ,665,832J 56,932,433
6,972,031 457,236 328,884 339,285
12,461,537 2,730,422 2,526,623
330,653 1,316,560
0 0 0 329,824 3,044,237 750,000 0 88,519,7251
6,396,898 1,960,000 77,665,832J
State Funds 28,020,819 40,232,849
9,412,164 77,665,8321

Section 24. Department of Natural
Resources. A. Budget Unit: State Funds- Department
ofNatural Resources Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts

Is 95,967,4_761

$ 86,638,478

$ 15,150,657

$

813,626

$

0

$

1,314,415

$

3,282,064

$

1,268,551

$

6,253,031

GEORGIA LAWS 2004 SESSION

31

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 Mcintosh County Payments to Baker County Payments to Calhoun County Payments to Georgia Agrirama
Development Authority for operations Community Green Space Grants
Total Funds Budgeted
Receipts from Jekyll Island State Park Authority
Receipts from Stone Mountain Memorial Association
Receipts from Lake Lanier Islands Development Authority
Receipts from North Georgia Mountain Authority Indirect DOAS Funding State Funds Budgeted

$

544,000

$

1,356,959

$

0

$

689,910

$

1,293,300

$

669,178

$

3,314,750

$

982,330

$

500,000

$

800,000

$

241,277

$

0

$

97,500

$

57,465

$

3,595,077

$

0

$

0

$

1,703,228

$

407,696

$

100,000

$

31,000

$

24,000

$

903,941

$

0

1$ 132,032,4331

$

940,190

$

0

$

1,331,931

$

1,434,982

$

200,000

IS 95,967,4761

32

GENERAL ACTS AND RESOLUTIONS, VOL. I

Departmental Functional Budgets

Total Funds

Commissioner's Office

$ 5,152,252 $

Program Support

$ 7,359,627 $

Historic Preservation

$ 2,555,486 $

Parks, Recreation and Historic Sites

$ 39,218,700 $

Coastal Resources

$ 2,453,802 $

Wildlife Resources

$ 34,722,590 $

Environmental Protection

$ 40,179,380 $

Pollution Prevention Assistance Total

$

390,596 $

~ 132,032,4331 $

B. Budget Unit: State Funds- Georgia

Agricultural Exposition Authority

1$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

T eleconununications

$

Per Diem and Fees

$

Contracts

$

Capital Outlay

$

Total Funds Budgeted

$

State Funds Budgeted

$

C. Budget Unit: State Funds- Georgia

Agrirama Development Authority

I$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

T eleconununications

$

Per Diem and Fees

$

Contracts

$

Capital Outlay

$

Goods for Resale

$

Total Funds Budgeted

$

State Funds Budgeted

$

State Funds 5,104,986 7,359,627 2,065,486 19,626,911 2,282,940
29,265,619 29,975,224
286,683 95,967,4761
oj
3,205,081 2,305,631
10,000 0
36,796 20,000
0 80,000 89,167 754,000
0 6,500,675
0
Ol
923,985 172,637
1,790 0
8,830 1,000
0 15,000
0 5,000 52,000 75,000 1,255,242
0

GEORGIA IAWS 2004 SESSION

33

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
Total Funds Budgeted
State Funds Budgeted

Is 46,609,6591

$ 38,442,338

$

1,333,825

$

331,800

$

0

$

291,500

$

591,200

$ 2,764,792

$

1,002,721

$

929,209

$

284,774

$

617,500

$

20,000

s 46,609,659

s 46,609,659

Section 26. Deuartment 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
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted
Departmental Functional Budgets

Administration

$

Field Operations

$

k
$ $ $ $ $ $ $ $ $ $
$ $ $
Is
$
Is
Total Funds 15,291,287 $ 61,094,746 $

75239620331
65,154,244 7,795,297 76,895 2,876,986 290,290 654,000 100,695 1,743,369 240,122 289,333
316,237 0 0
79,537,4681 990,000
75,396,0331
State Funds 14,451,287 60,944,746

34

GENERAL ACTS AND RESOLUTIONS, VOL. I

Capitol Police

$

Total

j$

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

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

~

3,151,435 $ 79,537,4681 $
$
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Total Funds 3,794,167 $
1,371,835 $ 1,182,466 $ 1,126,203 $
455,845 $ 1_1_ ,1__Q7. ,7.R_O_ ~_ P-J,.-U-I-'I,.-.!-:'Jb~ 1I -~:-

0 75,396,033
14,310,732
10,875,436 2,618,201
113,908 0
160,599 256,767 312,679 303,858 211,129
29,579 2,525,200 1,720,940
0 19,128,296 14,310,732
State Funds 548,940
1,371,835 1,083,893 1,013,340
455,845 9,836,879 14,310,7321

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

1$

1,420,6961

$

587,500

$

833,196

$ 1,420,696

$ 1,420,696

Section 28. Public Service Commission. State Funds Personal Services

1$ 8,651,7301

$

6,571,487

GEORGIA LAWS 2004 SESSION

35

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

$

250,711

$

86,876

$

0

$

15,300

$

208,791

$

494,933

$

117,773

$

628,262

$

550,908

$

8,925,041

$ 8,651,730

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 Special Funding Initiative Office of Minority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay
Total Funds Budgeted
Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding 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

$ 1,422,377,713

$

6,244,639

$ 1,797,857,764 $ 503,438,312

$ 470,912,762

$ 755,196,564

$ 31,120,771

$

988,152

$

326,759

$

955,831

$ 28,277,080

$ 95,063,332
1s 3,684,137,3271

$ 132,560,254

$ 1,258,634,876

$ 861,280,345

$

3,039,500

$

0

$

6,244,639

1s 1,422,377,7131

$ 201,408,424

$

0

$ 130,390,367 $ 75,862,198

36

GENERAL ACTS AND RESOLUTIONS VOL. I

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.
Total Funds Budgeted
Departmental Income 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 ofOceanography

$

Marine Institute

$

Georgia Tech Research Institute

$

Advanced Technology Development Center/

Economic Development Institute

$

Agricultural Experiment Station

$

Cooperative Extension Service

$

Medical College of Georgia Hm;pital and

Clinics

$

Veterinary Medicine Experiment Station $

Veterinary Medicine Teaching Hospital $

Georgia Radiation Therapy Center

$

Athens and Tifton Veterinary Laboratories $

Regents Central Office

$

Public libraries

$

$ $ $
$ $ $ $ $ $
$
$ $ $ $
Is s s s s s Is
Total Funds 2,735,555 $ 6,664,647 $ 1,763,841 $
130,668,179 $
24,377,860 $ 75,516,239 $ 59,237,775 $
193,500 $ 3,461,327 $ 7,192,975 $ 3,625,810 $ 4,653,970 $ 61,321,456 $ 38,643,022 $

48,962,224 41,236,508
2,654,645
24,377,860 0 0
8,624,939 819,638 517,964
1,745,496
17,703,442 34,142,788
0 33,168,087 420,206,1561
8,961,113 130,889,335 78,403,784
543,500 0
201,408,4241
State Funds 1,550,755 1,691,708 996,208 9,086,302
9,361,860 43,074,977 36,143,638
0 3,461,327
492,975 0 0
61,214,607 34,334,067

GEORGIA lAWS 2004 SESSION

37

State Data Center

$

Total

~

c. Budget Unit: State Funds - Georgia

Public Telecommunications Commission

Personal Services Operating Expenses General Programming Distance Learning Programming
Total Funds Budgeted

Other Funds

State Funds Budgeted

D. Budget Unit: Lottery for Education Equipment, Technology and Construction
Trust Fund Georgia Public Telecommunications
Commission Internet Connection Initiative Special Funding Initiatives Research Consortium - Georgia Research
Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted

150,000 $ 420,206,1561 $
Is
$ $ $ $
Is
$
Is
Is
$
$ $ $
$ $ $ $
I!

0 201,408,4241
lil
14,351,727 17,505,728 4,070,278
0 35,927,7331 35,927,733
01
ol
0
0 0 0
0 0 0 0
~I

Section 30. Deuartment 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 FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization

$ 466,895,136

$

150 000

$ 58,083,981

$

7,474,771

$

987,071

$

49,980

$

276,384

$ 14,723,799

$

6,935,736

$

1,347,830

$

606,992

$

1,223,613

$

3,984,294

$

0

$

0

$ 17,785,550

38

GENERAL ACTS AND RESOLUTIONS, VOL. I

Homeowner Tax Relief Grants 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

$

Total

~

$
js s s Is
Total Funds 37,235,046 $
7,513,511 $ 15,955,172 $ 25,183,030 $ 7,501,284 $ 384,779,903 $ 5,660,773 $
5,000 $ 6,431,798 $ 3,214,484 $
s 493,480,0011

380,000,000 493,480,0011
2,545,000 150,000
466,895,1361
State Funds 19,449,496 7,513,511 14,700,172 21,277,267 7,501,284 382,669,768 5,638,130
5,000 5,231,798 3,058,710 467,045,1361

Section 31. Secretaa 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
Total Funds Budgeted
HAVA Funds Budgeted State Funds Budgeted
Departmental Functional Budgets

Internal Administration

$

Archives and Records

$

Capitol Education Center

$

Business Services - Corporations

$

Business Services - Securities

$

Is
$ $ $ $ $ $ $ $ $ $ $ $
Is s Is
Total Funds 5,495,822 $ 6,562,296 $ 411,684 $ 1,846,999 $ 1,957,238 $

31,745,7441 18,856,886 3,703,410
357,621 0
65,019 3,070,698 4,464,296
920,498 171,876 835,455 364,335
0 32,810,0941
0 31,745,7441
State Funds 5,465,822 6,487,296 411,684 1,107,649 1,907,238

GEORGIA LAWS 2004 SESSION

39

Elections and Campaign Disclosure Drugs and Narcotics State Ethics Commission State Examining Boards Holocaust Commission
Total

$

5,283,165 $

5,263,165

$

1,296,730 $

1,296,730

$

759,751 $

759,751

$

8,936,643 $

8,786,643

$

259,766 $

259,766

~ 32,810,0941 s 31,745,7441

B. Budget Unit: State Funds- Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

Is 2,330,2721

$

1,572,130

$

145,000

$

47,000

$

0

$

12,500

$

154,185

$

179,512

$

79,043

$

140,902

$

0

s 2,330,272

s 2,330,272

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
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

Is 3,192,7971

$

1,865,751

$

355,563

$

43,721

$

90,534

$

65,115

$

11,605

$

202,339

$

43,461

$

129,176

$

1,663,066

$

0

s 4,470,331

s 3,192,797

IS 38,308,2511

$

557,222

$

18,495

$

8,000

40

GENERAL ACTS AND RESOLUTIONS, VOL. I

Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwlications Per Diem and Fees Contracts 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 Progran1
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Commission

$

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 38,156,831 $
672,073 $ 38,828,9041 $
Is $ $ $
$ $ $ $ $ $ $ $ $ $ $ $

0 6,300 3,420 49,015 8,996 7,060 13,565 3,665,449 29,108,559
64,655 455,856
22,427 0
685,560 1,487,410 2,666,915 38,828,904 38,308,251
State Funds 37,636,178
672,073 38,308,2511
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

GEORGIA l.AWS 2004 SESSION

41

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

1$ 2,489,0001

$ 12,701,449

$

844,344

$

76,500

$

0

$

115,000

$

9,185,000

$

723,975

$

270,000

$

493,000

$

0

$

0

$

2,390,000

$

99,000

$ 26,898,268

$ 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
Total Funds Budgeted
State Funds Budgeted
Departmental Functional Budgets

Administration

$

I$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$
Total Funds 8,297,595 $

300,389,2711 6,389,822 336,985 125,510 0 19,359 586,463 126,671 169,110 427,695 115,980 0
262,834,067 63,264,442 6,122,305 19,481,603 3,481,395 12,654,981
376,136,388
300,389,271
State Funds 6,237,807

42

GENERAL ACTS AND RESOLUTIONS, VOL. I

Institutional Programs

$

Total

B. Budget Unit: Lottery for Education

Computer Laboratories and Satellite DishesAdult Literacy
Capital Outlay Capital Outlay- Technical Institute Satellite
Facilities Equipment-Technical Institutes Repairs and Renovations - Technical
Institutes Total Funds Budgeted

Lottery Funds Budgeted

367,838,793 $ 376,136,388 $
$
$ $
$ $
$
I!

294,151,464 300,389,271
0
0 0
0 0
0
~I

Section 36. De(!artment ofTrans(!ortation.
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

Is 664,624,0761

$ 262,036,283

$ 79,541,041

$

2,102,945

$

1,927,750

$

6,422,328

$

8,850,593

$

1,830,782

$

4,924,470

$

7,368,438

$ 46,953,939

$ 1,126,805,995

Capital Outlay - Airport Aid Program Mass Transit Grants

$

3,766,087

$ 16,792,867

Harbor Maintenancellntra-Coastal Waterways Maintenance and Operations
Payments to the State Road and Tollway

$

721,355

Authority Contracts with the Georgia Rail Passenger
Authority Guaranteed Revenue Debt Reserve Fund

$ 38,170,605

$

200,000

$ 26,155,000

Total Funds Budgeted

$ 1,634,570,478

State Funds Budgeted

$ 664,624,076

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

Total Funds $ 1,333,878,643 $ $ 232,962,680 $

State Funds 383,438,356 228,378,541

GEORGIA l.AWS 2004 SESSION

43

Facilities and Equipment Administration
Total

$ 14,132,944 $
$ 27,247,895 $ ~ 1,608,222,1621 s

13,632,944 26,344,145 651,793,9861

General Funds Budg;et

Planning and Construction

$

Maintenance and Betterments

$

Administration

$

Air Transportation

$

Inter-Modal Transfer Facilities

$

Harbor/Intra-Coastal Waterways Activities $

Total

~

0$ 0$ 0$ 2,825,856 $
22,801,105 $ 721,355 $
26,348,3161 s

0 0 0 2,168,061 9,940,674 721,355
12,83o,o9o 1

section 37. DeJ!artment of Veterans

Service.

State Funds

IS

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 ofGeorgia

$

Capital Outlay

$

WWI1 Veterans Memorial

$

Regular Operating Expenses for Projects and

Insurance

$

Total Funds Budgeted

s

State Funds Budgeted

s

Departmental Functional Budgets
Veterans Assistance Veterans Nursing Home-Augusta Total

Total Funds
$ 25,074,082 $
$ 7,790,296 $
~ 32,864,3781 s

22,131,6931 5,931,769 357,117 136,200 0 100,822 6,999 221,889 85,516 24,500 18,014,875
7,790,296 0 0
194,395 32,864,378 22,131,693
State Funds 17,321,989 4,809,704 22,131,6931

Section 38. Workers' ComJ!ensation Board.
State Funds Personal Services

Is 17,056,0711

$

9,954,026

44

GENERAL ACTS AND RESOLUTIONS, VOL. I

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Payments to State Treasury Contracts
Total Funds Budgeted
State Funds Budgeted

$

470,115

$

140,600

$

0

$

44,048

$

3,261,976

$

1,341,009

$

176,744

$

183,100

$

1,832,453

$

16,000

$ 17,420,071

$ 17,056,071

Section 39. State of Georgia General Obligation Debt Sinking Fund.
A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General FWlds (Issued) Motor Fuel Tax FWlds (Issued) OtherFWlds
B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund
State General FWlds (New) Motor Fuel Tax FWlds (New)

$ 259,643,319 $ 66,000,000 $ 309,382,070
IS 635,025,3891

$ 51,029,725

$

0

~

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 ofoperating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' CoWlcil created by Code Section 15-18-40, the Sentence Review Panel created by Code Section

GEORGIA LAWS 2004 SESSION

45

17-10-6, the CoWicil 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 Chainnan ofthe Judicial CoWicil; cost of operating the CoWicil 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 CoWicil created by Code Section 15-1 0-132; 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 CoWicil, and the Office of Dispute Resolution, and for payments to the CoWicil 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 ~f the Genetltl As.'lentbly that ltll fttttue pmehases ~f Iftdi~ 1111d '-f <: related equipment rmm be e~mpatible with the 800 mhz system. Pmehases mmt be~ ~ appro ted h, the OBiee ~f Plmming l!1'ld Dttdget 1tttd the Depm1ment ~f ~ 8. Adnxinishatite Sa viees.

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 below incorrectly identifies the local government recipient for the stated purpose, then the intended recipient is the local government m.tity with responsibility for the purpose.

Ifa local assistance grant below states an ineligible purpose, the intended purpose is eligible activity ofthe stated recipient with substantially similar character.

46

GENERAL ACTS AND RESOLUTIONSz. VOL. I

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 ofproperty for a private entity or for the improvement of property of a private entity, the intent is that recipient contract for services ofthe private entity using the property.

Recipient

Description

Amount

City of

Funding for operating expenses for Silver

Milledgeville Haired Legislature

$ 15,000

City of Columbus

Funding for the Civil War Naval Musewn in the City of Columbus

$ 97,500

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 Assen1bly that the employer contribution rate for the teachers health benefit plan for SFY 2004 shall not exceed 13 .I%.

It is the intent of this General Assembly that the employer contribution rate for the state employees health benefit plan for SFY 2004 shall not exceed 13 .I%.

Section 44.

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

The formula calculation for Quality Basic Education fimding assumes a base unit cost of$2,342.72. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with fimds appropriated by this Act.

Section 45.

Provisions Relative to Section 15, Office ofthe 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 I, 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.

GEORGIA LAWS 2004 SESSION

47

It is the intent of the General Assembly that of fimds appropriated for the Governor's Emergency Fm1d, $1 ,5 00,000 is intended for relief in declared disasters.

~ction46.

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 ofneed shall apply:

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

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

Maximum Monthly AmoWlt $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 amoWlts up to the amoWlt that is equal to the minimum hourly wage for clients who are enrolled in subsidized work experience and subsidized employment.
Provided, the Department of Human Resources is authorized to transfer fimds between the Personal Services object class and the Per Diem, Fees and Contracts subobject class at each ofthe MH/MR/SA institutions as needed to insure coverage fur physician, nursing, physical therapy, and speech and hearing therapy services. Such transfers shall not require prior budgetary approval.

48

GENERAL ACTS AND RESOLUTIONS, VOL. I

Provided, that ofthe above appropriations relative to the treatment ofHemophilia and it's complications, these fi.mds 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 fi.mds known as Reed Act fi.mds credited to and held in this state's accoWlt in the Unemployment Trust FWld by the United States Secretary of the Treasury pursuant to the "Job Creation and Worker Assistance Act of2002" (P.L. 107-147) and Section 903 (d) ofthe Social Security Act, as amended, $49,339,507 is designated for administration of the Wlemployment 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 amoWlt hereby approp~iated 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 fi.mds shall be expended Wltil 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 budget.ed position for the cost of departmental operations and may roll forward any Wlexpended prior years Merit System Assessment balance to be expended in the current fiscal year.

Section 49.

Provisions Relative to Section 24, Departqtent of Natural Resources.

Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amoWlt of such fi.mds 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 fi.mds 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.
ror Pm'\1ided; that ~fth:e ltlltt'Juttt ab~ve ronttaets, rw lft\"'le than $55,999 ma:y be
used tOr 1t emm:n~n progrltlJl ofsubsidi:l:ing mass trm~it fm:es to llJld ti:om w~tk tbr
en111lnbt.t.~ nf.~tJih. Jllf<.lkit.~ ,..,~ J1ntfl111ifit.~ Jl.~ Jlnthiilin:tl in 0 f' C: A 4'i 7 'i'i 1111~

GEORGIA lAWS 2004 SESSION

49

jfnot :M such pnrpl"ise:'!, then tor l"'ther pmpl"ises within the l"'bjeet elltSs. The snbsid)
way be limited to em:pll"'yee:'! whl"J live l"ii' wl"'rk in the "M:lmta Omne
Nonattainment At e3" llftt'l may nl"'t ex:eeed $15 per ml"'nth per empll"')ee. The y-> <
a Bepar bnent l"'f Tt mspm"tatil"'n and any l"'ther bndget tmit eligible tor sneh 11 gr mrt ~ ~ -
tna) iifJl'l) tl"' this pnrpl"'Se avaihtble fedetal mlttehing ftmds. Fl"'r pmpl"'Se:'! l"Jfthis :i:
1IJIPIOI'Iiatil"'n "Miant11 Ozt~ne Nt'Jnllttllinmerrt ATe11" mellltS the gel"'gtllphie me11 l"'f the stllte emnprised l"'fCherl"'kee, Clllj'tl"'n; Cl"'bb, Cl"iweta, Deklllb, Dl"'nglltS, Fayette,
forsyth; Fnltl"'n; Gwirmett, Henry, Panlding, llftt'l Rl"'ekdllle Cmmtie:'!.

section 50.

Provisions Relative to Section 30, Department of Revenue.

For purposes ofhomeowner tax reliefgrants to cmmties and local school districts, the eligible assessed value of each qualified homestead in the state shall be $10,000 fur the taxable year beginning January I, 2003.

Section 51.

Provisions Relative to Section 31,

Secretary of State.

There is included in the Real Estate Rentals obja:t class for the Secretary of State

funding for a rental agreement with the Development Authority of Clayton County

fur 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 not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division ofthe Department ofAdministrative 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.

50

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 innnediately 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.

ht mdet mlrid the Dep1111:ment in the disehMge e~fits pe~was and dnties pmsucmt

i9

te~ Seetie~n 32 2 2 e~f the Ofbeiltl: Code e~f Grergi:a Anmtated; and in remplicmee with SeetieJU 32 2 41 (b~(l~, O.C.G.A., the Depll11:ment is mtheJri1:ed m trcmsfer

~0M NUPl., }'eJsitie~n retmts between budget ftmetie~ns 1'1 e~ ided that the Depllftment's mtltl

>~ }'eJsitieJn rennt shltllttt'Jt exeeed the mmcimnm m:ttnber e~f cmm:tl1l pe~sitie~ns ~signed

by-htw:

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing atmual 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.

~ ~ e~f: aeqmsme~. "0 ::!;

pI eJ vided, that fi:mding. .a.vmn.latbolte tea~ thmenD ltl lmm~terned rMnt e~fmTraemep~mmtteaettie~Antlmanitt)a' bMeen~smerd

~

~

p., Ul

fur tight
Sneedwll:v

to

Wlnitt)e'L~tll:te

75

SH R: lld 20 and State R:ellld 3.
viii: !1: e 4J

Provided further, that from the amow1t equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $26,155,000 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 ofthe highest debt service

GEORGIA LAWS 2004 SESSION

51

shall not exceed the amoWlt of this appropriation; and the maximum maturities of
the issue shall not exceed two hWldred forty months. The General Assembly has dettnnined 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 JW1e 30, 2004, there is hereby appropriated $3,600,000 for the purpose of providing funds fur the operation ofregional farmers' markets in the Department ofAgriculture; and tha-e 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 $1 0,000,000 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 amoWlts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fimd collections.

Section 55.

To the extent to which Federal funds become available in amoWlts 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 fimds, 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.

52

GENERAL ACTS AND RESOLUTIONS, VOL. I

A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public fimds 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 Wider Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public fi.mds 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 Connnittees.

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 by object class, which is the legal level ofbudgetary control 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 refi.md authorized by law, which is required to make refimd of taxes and other monies collected in error, fanner gasoline tax refi.md and any other refi.mds specifically authorized by law.

Section 58.

No State appropriations authorized Wider this Act shall be used to continue programs currently fimded entirely with Federal fi.mds.

Section 59.

In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, Wider 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 Wider any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other fi.mds appropriated to the department, agency or institution involved, an amoWlt sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations.

GEORGIA LAWS 2004 SESSION

53

secdon 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 ofthe Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever
shall be transferred for use in initiating or commencing any new program or activity
not currently having an appropriation of State funds, nor which would 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. Tills 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 an1endments properly approved by the Director ofthe Budget.
(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures ofno more than 102% ofthe stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes ofthe 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 ofthe 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 fullowing 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.

54

GENERAL ACTS AND RESOLUTIONS, VOL. I

For budget units within the Legislative Branch, all transfers shall require prior approval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Functional Budget or the House Functional Budget.

Section 62.

suTmhebteeinigs heeqrnefbtltpealptthoepwnta. tl:ed a speeifie sum of Fed Ill

mnonnts of stteh
-"!"- ;, f"" rum. rum. ., I""P""' ofsap 1m

..,.,~ --"!"-State.;;,- """""" ~.,. 13'$ ~~Bl be

i

~ "'*" ,. State rum. ;;:.,.:, Assembly. - "'

!>'"'"""' ,.;, Ad.

of the FedetI l i a gtlltlt fantis s .

the

Mlable ;, ',.Md spoeifie

of 11m of tho

lneb

aball: M the

aballmt apI'1Y tel - ptOJeet- gtant f1im>,dtshenoGt aepoptgt otap't"Gia"et"end"a"iIn"ll

Section 63. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2004

I$ 16,079,533,973

Section 64.
This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 65.
All laws and parts oflaws 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 oflaws in conflict with this Act are repealed.
Approved March 23, 2004.

GEORGIA l.AWS 2004 SESSION

55

CONSERVATION- SOUD WASTE DISPOSAL; PROHIBIT CERTAIN NEW FACIUTIES.

No. 43I (House Bill No. I 083).

AN ACT

To amend Part I of Article 2 of Chapter 8 of Title I2 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, so as to prohibit tl1e permitting of certain new mllllicipal solid waste disposal facilities; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part I of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to solid waste management, is amended by inserting a new Code section to read as follows:
t2-8-25.5. No permit shall be issued for any new mllllicipal solid waste disposal facility if any part of the premises proposed for permitting is within one mile of any private recreational camp operated primarily for use by persons under 18 years of age
and which camp has been so operated at its location for 25 years or more:

SECTION2. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) This Act shall apply to any permit application pending on or after such effective date and to any permit application denied prior to such effective date which is the subject of an appeal or judicial review pending on such effective date.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved April I, 2004.

56

GENERAL ACTS AND RESOLUTIONS, VOL. I

TORTS- BROADCASTERS; LEVI'S CALL; AMBER ALERT;
LIABIUTY EXEMPTION.

No. 438 (Senate Bill No. 400).

AN ACT

To amend Chapter I of Title 5I of the Official Code ofGeorgia Annotated, relating to general provisions regarding torts, so as to provide for an exemption from civil liability with respect to broadcasters who are engaged in Levi s Call: Georgia s Amber Alert Program; to provide for definitions; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Chapter I ofTitle 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section at the end thereofto be designated Code Section 5I- I-50, to read as follows:
'51-1-50. (a) As used in this Code section, the term:
(1) 'Broadcast' means the transmission of video or audio programming by an electronic or other signal conducted by radiowaves or microwaves, by wires, lines, coaxial cables, wave guides or fiber optics, by satellite transmissions directly or indirectly to viewers or listeners or by any other means of communication. (2) 'Broadcaster' means any corporation or other entity that is engaged in the business of broadcasting video or audio programming, whether through the public airwaves, by cable, by direct or indirect satellite transmission or by any other means of communication. (3) 'Levi's Call: Georgia s Amber Alert Program' means the voluntary program entered into by the Georgia Bureau of Investigation, the Georgia Emergency Management Agency, the Georgia Association of Broadcasters, and certain broadcasters licensed to serve in the State of Georgia; which program provides that if the Georgia Bureau of Investigation verifies that a child has been abducted and is in danger, an alert containing known details of the abduction is transmitted to Georgia Emergency Management Agency, which is then transmitt.ed by Georgia Emergency Management Agency to broadcasters in Georgia; and those broadcasters participating in the program then broadcast or otherwise disseminate the alert to listeners, viewers, or subscribers. (b) Any broadcaster participating in Levi's Call: Georgia s Amber Alert Program shall not be liable for any civil damages arising from the broadcast or other

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dissemination of any alert generated pursuant to the Levi's Call: Georgia's Amber Alert Program. The innnunity provided for in this Code section shall apply to any broadcast or dissemination of information that is substantially consistent with the information transmitted by the Georgia Emergency Management Agency and that takes place during an alert requested by the Georgia Emergency Management Agency and for a period of two hours after such alert has ended or the Georgia Emergency Management Agency informs the participating broadcasters that the alert has changed in content. (c) Nothing in this Code section shall be construed to limit or restrict in any way any legal protection a broadcaster may have under any other law for broadcasting or otherwise disseminating any infonnation."

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts of laws in conflict with this Act are repealed.

Approved April 9, 2004.

CRIMES -CHILD ENDANGERMENT; CRIMINAL NEGUGENCE.
No. 439 (Senate Bill No. 467).
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to define criminal negligence; to provide for legislative findings and intent; to change the definition of cruelty to children and to provide for third degree cruelty to children; to provide for penalties; to provide for definitions; to make it unlawful for persons to engage in certain activities associated with manufacturing or possessing methamphetamine in the presence of children; to redefine the term "serious injury" to include sexual abuse of a minor under the age of 16 years; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly seeks to protect the well-being of this state's children while preserving the integrity of family discipline. The General Assembly believes that

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balancing the protection of the health and safety of this state s children, while preserving a parent's right to discipline his or her child, is important to all Georgians and vital to the safety ofthis state s children.

SECTION2. Title 16 of the Official Code ofGeorgia Annotated, relating to crimes and offenses, is amended in Code Section 16-2-1, relating to the definition of a crime, by designating the existing Code section as subsection (a) and adding a new subsection (b) to read as follows:
'(b) Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.

SECTION3. Said title is further amended in Code Section 16-5-70, relating to cruelty to children, by striking subsections (c), (d), and (e) and inserting in lieu thereof the following:
(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain. (d) Any person commits the offense of cruelty to children in the third degree when:
( 1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to wi1ness the conunission of a forcible felony, battery, or family violence battery; or (2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery. (e)(l) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years. (3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment:

SECTION4. Said title is further amended by adding a new Code section to read as follows:

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'16-5-73. (a) As used in this Code section, the tenn:
(1) 'Chemical substance' means anhydrous ammonia as defined in Code Section 16-II-III, ephedrine, pseudoephedrine, or phenylpropanolamine, as those tenus are defined in Code Section 16-I3-30.3, or any other chemical used in the manufacture ofmethamphetamine. (2) 'Child' means any individual who is under the age of I8 years. (3) 'Intent to manufacture' means but is not limited to the intent to manufacture methamphetamine, which may be demonstrated by a chemical substance s usage, quantity, or manner or method of storage, including but not limited to storing it in proximity to another chemical substance or equipment used to manufacture methamphetamine. (4) 'Methamphetamine' means methamphetamine, amphetamine, or any mixture containing either mt-1hamphetamine or amphetamine, as described in Code Section 16-13-26. (5) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss ofuse of a member ofthe body, or the substantial disfigurement of the body or of a member of the body, or an injury which is life threatening. (b)( I) Any person who intentionally causes or permits a child to be present where any person is manufacturing methamphetamine or possessing a chemical substance with the intent to manufacture methamphetamine shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisomnent for not less than two nor more than 15 years. (2) Any person who violates paragraph (1) of this subsection wherein a child receives serious injury as a result of such violation shall be guilty of a felony and, upon conviction theroof, shall be punished by imprisomnent for not less than five nor more than 20 years."

SECTIONS. Said title is further amended in Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, by striking paragraph (4) of subsection (a) and inserting in lieu thereof the following:
'(4) 'Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a men1ber of the body, the substantial disfigurement of the body or of a member of the body, an injury which is life threatening, or any sexual abuse of a child under 16 years of age by means of an act described in subparagraph (a)(4)(A), (a)(4)(G), or (a)(4)(1) of Code Section 16-12-1 00."

SECTION6. This Act shall become effective on July I, 2004, and shall apply to all crimes which occur on or after that date.

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

Approved April9, 2004.

BANKING AND FINANCECRIMES - UNUCENSED LENDERS; ClASS ACTIONS; PAYDAY LENDING.
No. 440 (Senate Bill No. 157).
AN ACT
To amend Code Section 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," so as to allow class actions to be brought against tmlicensed lenders; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to include payday lending in the definition of racketeering activity; to declare a legislative intent to prohibit activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities; to strengthen and increase the criminal and civil penalties therefor; to void payday lending loans; to declare that fonun selection clauses in payday lending contracts are unenforceable in Georgia; to provide that it shall be unlawful to engage in the business of making certain small loans; to provide for exemptions for licensed and regulated activities; to define crimes and declare penalties; to provide for civil remedies of borrowers; to provide for civil penalties; to provide for collection of civil penalties in actions by the state or by private parties; to declare a tax on profits from payday loans; to declare sites or locations on which payday lending is taking place to be public nuisances; to provide disclosure and notice requirements regarding loans made to members of the military; to provide for severability; 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 7-3-29 of the Official Code of Georgia Annotated, relating to penalties for violations of the "Georgia Industrial Loan Act," is amended by striking subsection (e) and inserting in its place the following:
"(e) A claim of violation of this chapter against a duly licensed lender may be asserted in an individual action only and may not be the subject of a class action under Code Section 9-11-23 or any other provision oflaw. A claim of violation of this chapter against an unlicensed lender may be asserted in a class action under Code Section 9-11-23 or any other provision oflaw."

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SECTION2.
Title 16 ofthe Official Code of Georgia Annotated, relating to crimes and offenses, is amended in Code Section 16-14-3, relating to definitions concerning racketeer influenced organizations, by striking divisions (9)(A)(xxxvi) and (9)(A)(xxxvii) and inserting in lieu thereof the following:
'(xxxvi) Article 8 ofChapter 9 ofthis title, relating to identity fraud, and Section 1028 of Title 18 of the United States Code, relating to fraudulent identification docwnents and information; (xxxvii) Code Section 33-1-9, relating to insurance fraud; or (xxxviii) Code Section 16-17-2, relating to payday loans."

SECTION3. Said title is further amended by adding a new Chapter 17 to read as follows:

"CHAPTER 17

16-17-1. (a) Without limiting in any manner the scope of this chapter, 'payday lending' as used in this chapter encompasses all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements and a 'payday lendt-'f' shall be one who engages in such transactions. This definition of 'payday lending' expressly incorporates the exceptions and examples contained in subsections (a) and (b) of Code Section 16-17-2. (b) Despite the fact that the Attorney General ofthe State of Georgia has opined in Official Opinion 2002-3 entered on June 27, 2002, that payday lending is in violation of Georgia law and despite the fact that the Industrial Loan Commissioner has issued cease and desist orders against various payday lenders in the State of Georgia, the General Assembly has determined that payday lending continues in the State of Georgia and that there are not sufficient deterrents in the State of Georgia to cause this illegal activity to cease. (c) The General Assembly has determined that various payday lenders have created certain schemes and methods in order to attempt to disguise these transactions or to cause tl1ese transactions to appear to be 'loans' made by a national or state bank chartered in another state in which this type of lending is unregulated, even though the majority ofthe revenues in this lending method are paid to the payday lender. The General Assembly has further determined that payday lending, despite the illegality of such activity, continues to grow in the State of Georgia and is having an adverse effect upon military personnel, the elderly, the economically disadvantaged, and other citizens of the State of Georgia. The General Assembly has further determined that substantial criminal and civil penalties over and above those currently existing under state law are necessary in order to prohibit this activity in the State of Georgia and to cause the cessation of this activity once and for all. The General Assembly further declares that these types of loans are currently illegal and are in violation of Code

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Section 7-4-2. The General Assembly declares that the use of agency or partnership agreements between in-state entities and out-of-state banks, whereby the in-state agent holds a predominant economic interest in the revenues generated by payday loans made to Georgia residents, is a scheme or contrivance by which the agent seeks to circumvent Chapter 3 of Title 7, the 'Georgia Industrial Loan Act,' and the usury statutes ofthis state. (d) Payday lending involves relatively small loans and does not encompass loans that involve interstate commerce and certain payday lenders have attempted to use forum selection clauses contained in payday loan documents in order to avoid the courts of the State of Georgia, and the General Assembly has determined that such practices are unconscionable and should be prohibited. (e) Without limiting in any manner the scope of this chapter, the General Assembly declares that it is the gent-nl intent of this chapter to reiterate that in the State of Georgia the practice of engaging in activities commonly referred to as payday lending, deferred presentment services, or advance cash services and other similar activities are currently illegal and to strengthen the penalties for those engaging in such activities. (f) This chapter in no way impairs or restricts the authority granted to the commissioner of banking and finance, the Industrial Loan Commissioner, or any other regulatory authority with concurrent jurisdiction over the matters stated in this chapter.

16-17-2. (a) It shall be unlawful for any person to engage in any business, in whatever form transacted, including, but not limited to, by mail, electronic, the Internet, or telephonic means, which consists in whole or in part of making, offering, arranging, or acting as an agent in the making of loans of $3,000.00 or less unless:
(1) Such person is engaging in financial transactions permitted pursuant to: (A) The laws regulating financial institutions as defined under Chapter I of Title 7, the 'Financial Institutions Code of Georgia'; (B) The laws regulating state and federally chartered credit unions; (C) Article 13 of Chapter I of Title 7, relating to Georgia residential mortgages; (D) Chapter 3 of Title 7, the 'Georgia Industrial Loan Act'; (E) Chapter 4 of Title 7, relating to interest and usury; (F) Chapter 5 of Title 7, 'The Credit Card and Credit Card Bank Act,' including financial institutions and their assignees who are not operating in violation ofsaid chapter; or (G) Paragraph (2) of subsection (a) of Code Section 7-4-2 in which the simple interest rate is not greater than I6 percent per annum;
(2) Such loans are lawful under the terms of: (A) Article I of Chapter I of Title I 0, 'The Retail Installment and Home Solicitation Sales Act';

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(B) Article 2 of Chapter l of Title l 0, the 'Motor Vehicle Sales Finance Act'; or (C) Part 5 ofArticle 3 of Chapter 12 ofTitle 44, relating to pawnbrokers; (3) Subject to the provisions of paragraph (4) of subsection (b) ofthis Code section, such person is a bank or thrift chartered under the laws of the United States, a bank chartered under the laws of another state and insured by the Federal Deposit Insurance Corporation, or a credit card bank and is not operating in violation of the federal and state laws applicable to its charter; or (4) Such loan is made as a tax refimd anticipation loan. In order to be exempt under this paragraph the tax refimd anticipation loan must be issued using a borrower s filed tax return and the loan cannot be for more than the amount of the borrower s anticipated tax refund. Tax returns that are prepared but not filed with the proper government agency will not qualifY for a loan exemption under this paragraph. (b) Subject to the exceptions in subsection (a) of this Code section, this Code section shall apply with respect to all transactions in which funds are advanced to be repaid at a later date, notwithstanding the fact that the transaction contains one or more other elements. Without limiting the generality of the foregoing, the advance offimds to be repaid at a later date shall be subject to this Code section, notwithstanding the fact that the transaction also involves: (1) The cashing or deferred presentment of a check or other instrument; (2) The selling or providing of an item, service, or commodity incidental to the advance of funds; (3) Any other element introduced to disguise the true nature of the transaction as an extension of credit; or (4) Any arrangement by which a de facto lender purports to act as the agent for an exempt entity. A purported agent shall be considered a de facto lender if the entire circumstances of the transaction show that the purported agent holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. (c)(l) A payday lender shall not include in any loan contract made with a resident of this state any provision by which the laws of a state other than Georgia shall govern the terms and enforcement of the contract, nor shall the loan contract designate a court for the resolution of disputes concerning the contract other than a court of competent jurisdiction in and for the county in which the borrower resides or the loan office is located. (2) An arbitration clau<>e in a payday loan contract shall not be enforceable if the contract is unconscionable. In determining whether the contract is unconscionable, the court shall consider the circumstances of the transaction as a whole, including but not limited to: (A) The relative bargaining power ofthe parties; (B) Whether arbitration would be prohibitively expensive to the borrower in view ofthe amounts in controversy;

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(C) Whether the contract restricts or excludes damages or remedies that would be available to the borrower in court, including the right to participate in a class action; (D) Whether the arbitration would take place outside the county in which the loan office is located or any other place that would be unduly inconvenient or expensive in view ofthe amounts in controversy; and (E) Any other circwnstance that might render the contract oppressive. (d) Any person who violates subsection (a) or (b) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished by imprisonment for not more than one year or by a fine not to exceed $5,000.00 or both. Each loan transaction shall be deemed a separate violation of this Code section. Any person who aids or abets such a violation, including any arbiter or arbitration company, shall likewise be guilty of a misdemeanor of a high and aggravated nature and shall be punished as set furth in this subsection. If a person has been convicted of violations of subsection (a) or (b) of this Code section on three prior occasions, then all subsequent convictions shall be considered felonies punishable by a fine of $10,000.00 or five years imprisonment or both.

16-17-3. Any person who violates subsection (a) or (b) ofCode Section 16-17-2 shall be barred from the collection of any indebtedness created by said loan transaction and said transaction shall be void ab initio, and any person violating the provisions of subsection (a) or (b) of Code Section 16-17-2 shall in addition be liable to the borrower in each uulawful transaction for three times the amount of any interest or other charges to d1e borrower. A civil action under Code Section 16-17-2 may be brought on behalf of an individual borrower or on behalf of an ascertainable class ofborrowers. In a successful action to enforce the provisions of this chapter, a court shall award a borrower, or class of borrowers, costs including reasonable attorneys fees.

16-17-4. (a) Any person who violates subsection (a) or (b) ofCode Section 16-17-2 shall be liable to the state for a civil penalty equal to three times the amount of any interest or charges to the borrowers in the uulawful transactions. (b) A civil action under Code Section 16-17-2 may be brought by the Attorney General, any district attorney, or a private party. Where a successful civil action is brought by a district attorney one-half of the damages recovered on behalf of the state shall be distributed to the office of the district attorney of the judicial circuit of such district attorney to be used by the district attorney in order to timd the budget ofd1at office.

16-17-5. (a) There is imposed a state tax on all loans made in violation of this chapter. Such tax shall be administered and collected in connection with the Georgia

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income taxation of the person making such loans and shall be in addition to any other tax liability ofsuch person. (b) The tax imposed by this Code section shall be at the rate of 50 percent of all proceeds received by a person from loans made in violation ofthis chapter. (c) A person making loans in violation ofthis chapter shall declare and return the proceeds subject to taxation under this Code section as a part of such person s Georgia income tax return.
(d) The state revenue commissioner shall retain returns under this Code section
apart from all other returns and shall not disclose any part of such a return for any purpose other than the collection oftax owed or a criminal prosecution involving tax matters. In a criminal proceeding under this chapter, a person s return of proceeds under this Code section and any evidence derived as a result of such return shall not be admissible.

16-17-6. In regard to any loan transaction that is alleged to be in violation of subsection (a) of Code Section 16-17-2, the trial court shall be authorized to review the terms of the transaction in their entirety in order to determine if there has been any contrivance, device, or scheme used by the lender in order to avoid the provisions of subsection (a) ofCode Section 16-17-2. The trial court shall not be bound in making such determination by the parol evidence rule or by any written contract but shall be authorized to determine exactly whether the loan transaction includes the use of a schen1e, device, or contrivance and whether in reality the loan is in violation ofthe provisions of subsection (a) of Code Section 16-17-2 based upon the facts and evidence relating to that transaction and similar transactions being made in the State of Georgia. If any entity involved in soliciting or facilitating the making of payday loans purports to be acting as an agent of a bank or thrift, then the court shall be authorized to determine whether the entity claiming to act as agent is in fact the lender. Such entity shall be presumed to be the lender i( under the totality of the circumstances, it holds, acquires, or maintains a predominant economic interest in the revenues generated by the loan. Furthermore, the trial court shall further be authorized to investigate all transactions involving gift cards, telephone cards, the sale of goods or services, computer services, or the like which may be tied to such loan transactions and are an integral part thereof in order to determine whether any such transaction is in fact a contrivance, scheme, or device used by the payday lender in order to evade the provisions of subsection (a) ofCode Section 16-17-2.

16-17-7. All corporations, limited liability companies, or other business entities which are tngaged in payday lending in the State of Georgia are prohibited from obtaining any certificate of authority from the Secretary of State or from the Department of Banking and Finance and engaging in such payday lending activity in the State ofGeorgia shall result in the revocation of any existing certificate of authority.

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16-17-8. The site or location of a place of business where payday lending takes place in the State ofGeorgia is declared a public nuisance.

16-17-9. (a) In addition to the other obligations and duties required under this chapter, if the customer is a member of the military services ofthe United States or a spouse of a member of the military services of the United States, the following duties and obligations apply to any payday lender:
(1) The lender is prohibited from garnishment of any military wages or salaries; (2) The lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration of the deployment; (3) The lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) The lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) The lender agrees to honor any statement or proclamation by a military base commander that a specific payday lender branch location has been declared off limits to military personnel and their spouses. (b) If the customer is a member of the military services of the United States or a spouse of a member of the military services of the United States, the following disclosures shall be made in writing by the payday lender: (1) A notice that the lender is prohibited from garnishment of any military wages or salaries; (2) A notice that the lender is prohibited from conducting any collection activity against a military customer or his or her spouse when the military member has been deployed to a combat or combat support posting for the duration ofthe deployment; (3) A notice that the lender is prohibited from contacting the commanding officer of a military customer in an effort to collect on a loan to the military member or his or her spouse; (4) A notice that the lender agrees to be bound by the terms of any repayment agreement that it negotiates through military counselors or third-party credit counselors; and (5) A notice that the lender agrees to honor any statement or proclamation by a military base commander that a specific payday lending branch location has been declared off limits to military personnel and their spouses.

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16-17-10. If any provision of this chapter or the application of such provision is found by a court of competent jurisdiction in the United States to be invalid or is found to be superseded by federal law, then the remaining provisions of this chapter shall not be affected, and this chapter shall continue to apply to any other person or circumstance.
SECTION4. This Act shall become effective on May I, 2004.

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

Approved April 9, 2004.

MOTOR VEHICLES -MOTORIZED CARTS; REGUlATION.
No. 442 (House Bill No. I063).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of motorized cart; to exempt persons :from driver s license requiren1ents when operating motorized carts under certain circumstances; to change certain provisions relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation; 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 tlle Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (32) of Code Section 40-1-1, relating to definitions, and inserting in lieu thereoftlle following:
'(32) 'Motorized cart' means every motor vehicle having no less tllan tllree wheels and an unladen weight of 1,300 pounds or less and which cannot operate at more tllan 20 miles per hour:
SECTION2. Said title is further amended in subsection (a) of Code Section 40-5-21, relating to persons exempt generally :from driver s license requirements, by striking "and" at

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the end of paragraph (10), striking the period and inserting"; and" in lieu thereof at the end ofparagraph (11), and adding a new paragraph (12) to read as follows:
"(12) Any person while operating a motorized cart: (A) On any way publicly maintained fur the use of motorized carts by the public and no other types of motor vehicles in accordance with a local ordinance adopted pursuant to subsection (a) of Code Section 40-6-331; or (B) When crossing a street or highway used by other types of motor vehicles at a location designated for such crossing pursuant to subsection (d) ofCode Section 40-6-331."

SECTION3. Said title is further amended by striking Code Section 40-6-331, relating to authority of local bodies regarding motorized carts and crossing of streets under jurisdiction of the Department of Transportation, and inserting in lieu thereof the following:
"40-6-331. (a) A local governing authority may, by ordinance, designate certain public streets or portions thereof that are under its regulation and control for the combined use of motorized carts and regular vehicular traffic or the use of motorized carts and no other types of motor vehicles and establish the conditions under which motorized carts may be operated upon such streets or portions thereof, including without limitation the conditions under which a person may operate motorized carts on such designated streets or portions thereof without a driver s license. (b) Such ordinances may establish operating standards but shall not require motorized carts to meet any requirements of general law as to registration, inspection, or licensing; provided, however, that a local governing authority may, by ordinance, require the local registration and licensing of such carts operated within its boundaries for a fee not to exceed $15. 00, the license to remain permanently with such cart unless such cart is sold or the license is destroyed. The provisions of this subsection and the authority granted by this subsection shall not apply to motorized carts owned by golf courses, country clubs, or other such organized entities which own such carts and make them available to members or the public on a rental basis, provided that such motorized carts are used only on the premises of such golf courses, country clubs, or other such organized entities. (c) Ordinances establishing operating standards shall not be effective unless appropriate signs giving notice are posted along the public streets affected.
(d)( 1) Motorized carts may cross streets and highways that are part ofthe state highway system only at crossings or intersections designated for that purpose by the Department of Transportation. (2) Motorized carts may cross streets and highways that are part of a municipal street system or county road system and used by other types of motor vehicles only at crossings or intersections designated for that purpose by the local governing authority having jurisdiction over such system."

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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 oflaws in conflict with this Act are repealed.

Approved April 22, 2004.

GENERAL ASSEMBLYLOCALGOVERNMENTREVENUE- STATE AND LOCAL TAXATION, FINANCING, AND SERVICE
DELIVERY REVISION.
No. 443 (House Bill No. 709).
AN ACT
To amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to enact the "State and Local Taxation, Financing, and Service Delivery Revision Act of2004"; to provide for a short title; to provide for the comprehensive revision of provisions relating to state and local taxation, financing, and service delivery; to change certain provisions regarding the function of the Georgia Commission on Interstate Cooperation; to change certain provisions regarding the status of the Council of State Governments and certain related organizations; to change certain provisions regarding the homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application; to change certain provisions regarding limitations with respect to local sales and use taxes; to provide for cert.ain exemptions; to change certain provisions regarding the joint county and municipal sales and use tax and provide for an optional rate increase to 2 percent with respect to imposition by certain consolidated governments; to provide for imposition of such tax at the rate of 2 percent by consolidated governments; to provide for procedures, conditions, and limitations; to provide for reduction or termination; to provide for additional procedures, conditions, and limitations with respect to certain water and sewer projects or costs with respect to the special county 1 percent sales
and use tax; to provide for the levy and collection of a municipal water and sewer
projects or costs sales and use tax; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for applicability to certain sales; to provide for powers, duties, and authority of municipal governing authorities with

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GENERAL ACTS AND RESOLUTIONS, VOL. I

respect to such tax; to provide for powers, duties, and authority of the state revenue connnissioner with respect to such tax; to provide for collection and administration of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to provide for a method for discontinuation of such tax; to provide for comprehensive provisions to provide funding to local governments for service delivery costs through certain sales and use taxation; to provide for comprehensive provisions to address changes in land use classification which increase service delivery and infrastructure costs to local government; to provide for the creation of special districts; to provide a special district sales and use tax; to provide for definitions; to provide for the rate and manner of imposition of such tax; to provide for collection and administration of such tax; to provide for the issuance ofgeneral obligation debt for certain projects; to provide for use of the proceeds of such tax; to provide for returns; to provide for distribution and expenditure of proceeds; to change certain provisions regarding annexation; to change certain provisions regarding land use classification objections; to require annual publication of certain information regarding collection and expenditure of the proceeds of the special purpose 1 percent sales and use tax; to exempt from ad valorem taxation certain motor vehicles owned by persons who have been awarded the Medal of Honor; to provide for related matters; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "State and Local Taxation, Financing, and Service Delivery Revision Act of2004."

SECTION2. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking paragraph (1) of Code Section 28-6-3, relating to functions of the Georgia Connnission on Interstate Cooperation, and inserting in its place a new paragraph (1) to read as follows:
"(1) Carry forward the participation of this state as a member of the Council of State Governments and ofthe Southern Legislative Conference;"

SECTION3. Said title is further amended by striking Code Section 28-6-7, relating to the status of the Council of State Governments, and inserting in its place a new Code Section 28-6-7 to read as follows:
"28-6-7. The Council of State Governments, the Council of State Governments Clairmont Road, L. L. C. (of which the Council of State Governments is the sole member), and the Soutl1ern Legislative Conference are each declared to be a joint governmental agency ofthis state and of the oilier states which cooperate through it:

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SECTION4. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-48, relating to homestead exemption by qualified disabled veterans, filing requirements, periodic substantiation of eligibility, and persons eligible without application, by striking in their entirety subsections (b) and (c) and inserting in lieu thereofthe following:
'(b) Any disabled veteran as defined in any paragraph of subsection (a) of this Code section who is a citizen and resident of Georgia is granted an exemption of the greater of $32,500.00 or the maximmn amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on his or her homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 2004, the maximum amom1t which may be granted to a disabled veteran under the above-stated federal law is $50,000.00. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spou~e or minor children of any such disabled veteran as defined in this Code section shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 21 02 of Title 38 of the United States Code, as amended, on the homestead so long as the unremarried surviving spouse or lninor children continue actually to occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January I, 2004, the maximum amount which may be granted to the unremarried surviving spouse or minor children of any such disabled veteran under the above-stated federal law is $50,000.00. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation.
(c)( 1) Any disabled veteran qualifYing pursuant to paragraph (1) or (2) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax comlnissioner or tax receiver a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the qualifYing disability. (2) Any disabled veteran qualifYing pursuant to paragraph (3) ofsubsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax comlnissioner or tax receiver a copy of his DD form 214 (discharge papers from his lnilitary records) along with a letter from a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due to blindness in both eyes, having only light perception, together with the loss or loss of use ofone lower extremity; or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair. Prior to approval of an exemption, a county board of tax

72

GENERAL ACTS AND RESOLUTIONS, VOL. I

assessors may require the applicant to provide not more than two additional doctors letters if the board is in doubt as to the applicanfs eligibility for the exemption. (3) Any disabled veteran qualifYing pursuant to paragraph (4) ofsubsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from a doctor who is licensed to practice medicine in this state stating the qualifYing disability. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors letters ifthe board is in doubt as to the applicant" s eligibility for the exemption. (4) Any disabled veteran qualifYing pursuant to paragraph (5) ofsubsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the eligibility for such housing assistance."

SECTIONS. Said title is further amended by striking subsections (b) and (c) of Code Section 48-8-6, relating to limitations on the maximum amount oflocal sales and use taxes, and inserting in their place new subsections (b), (c), and (d) 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:
(I) A sales and use tax for educational purposes exempted from such limitation under Article VIII, Section VI, Paragraph IV ofthe 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) ofthe 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 in whole or in part 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 outlay project or projects, water and sewer pr~jects and costs as defined under paragraph (3) of Code Section 48-8-200, or any combination thereof and with respect to which the county has entered into an intergovernmental contract with a municipality, in which the average waste-water system flow of such municipality is not less than 85 million gallons per day, allocating proceeds to such municipality to be used solely for water and sewer projects and costs a'l defined under paragraph (3) of Code

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Section 48-8-200. The exception providoo for llllder this paragraph shall apply only during the period the tax llllder said subparagraph (a)(1)(D) is in effect. The exception providoo for llllder this paragraph shall not apply in any collllty in which a tax is being imposoo llllder Article 2A ofthis chapter; (3) In the event of a rate increase imposoo pursuant to Code Section 48-8-96, only the amollllt in excess of the initial 1 percent sales and use tax and in the event of a newly imposoo tax pursuant to Code Section 48-8-96, only the amollllt in excess of a 1 percent sales and use tax; (4) A sales and use tax levioo llllder Article 4 ofthis chapter. If the imposition of any otherwise authorizoo local sales tax, local use tax, or local sales and use tax would result in a tax rate in excess of that authorizoo by this subsection, then such otherwise authorizoo tax may not be imposoo. (c) Where the exception specifioo in paragraph (2) of subsection (b) ofthis Code section applies, the tax imposoo llllder subparagraph (a)(l)(D) of Code Section 48-8-11I shall not apply to: (I) Reservoo; and (2) The sale ofmotor vehicles. (d) Where the exception specifioo in paragraph (2) of subsection (b) ofthis Code section applies, on and after July I, 2007, the aggregate amollllt of all excise taxes imposed llllder paragraph (5) of subsection (a) ofCode Section 48-13-5I and all sales and use taxes shall not exceed 14 percent.'

SECTION6. Said title is further amendoo by adding a new Code section immediately following Code Section 48-8-95, to be designatoo Code Section 48-8-96, to read as follows:
"48-8-96. (a) With respect to any consolidatoo government creatoo by the consolidation of a collllty and one or more municipalities in which consolidatoo government homestead property (exclusive of improvements) is valuoo for purposes of local ad valorem taxation according to a base year assessed value which does not change so long as the property is actually occupioo by the same owner as a homestead, the provisions of this Code section shall control over any conflicting provisions ofArticle 1 ofthis chapter or this article. (b) If the tax authorized by this article is in effect in the special district containing a consolidatoo government referroo to in subsection (a) of this Code section, then the rate oftax imposed lUlder this article in such special district may be increased from 1 percent to 2 percent if such increase is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-84; and (2) A referendum conductoo in the same manner as otherwise required for the initial 1 percent sales tax pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'YES ( ) Shall the retail sales and use tax levied within the special

district within

County be increased from 1 percent

NO ( ) to 2 percent?'

(c) Such increased tax rate shall become effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the date ofthe election at which such increase was approved by the voters. The proceeds of the increased tax shall be divided in the same proportions as the original tax. (d) Such increased tax rate may be decreased from 2 percent to I percent if such decrease is approved by:
(1) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (2) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have printed or written thereon the following:

'YES ( ) Shall the retail sales and use tax levied within the special

district within

County be decreased from 2

NO ( ) percent to I percent?'

(e) Such decreased tax rate shall become effective on the first day of the second calendar quarter following the month in which the commissioner receives certification ofthe result of the election. (f) If the tax authorized by this article is to be newly imposed in the special district containing a consolidated government referred to in subsection (a) of this Code section, then such tax may be imposed in such special district at the rate of 2 percent if such rate is approved by:
(I) A resolution of the governing authority of the consolidated government in the same manner as otherwise required pursuant to Code Section 48-8-84; and (2) A referendum conducted in the same manner as otherwise required pursuant to Code Section 48-8-85, except that the ballot shall have written or printed thereon the following:

'YES ( ) Shall a retail sales and use tax of2 percent be levied within the

NO ( ) special district within

County?'

(g) Such 2 percent tax may be discontinued if such discontinuation is approved by:
(I) A resolution of the governing authority of the consolidated government in the same manner as otherwise required under Code Section 48-8-92; and (2) A referendum conducted in the same manner as otherwise required for discontinuation of the tax under Code Section 48-8-92, except that the ballot shall have printed or written thereon the following:

'YES ( ) Shall the retail sales and use tax levied within the special

NO ( ) district within

County be terminated?'

(h)( I) In the case ofincrease from I percent to 2 percent, the amount in excess of the initial I percent sales and use tax shall not apply to the fi.unishing for

GEORGIA lAWS 2004 SESSION

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value to the public of any room or rooms, lodgings, or accommodations which are subject to taxation under Article 3 of Chapter 13 of this title or to the sale ofmotor vehicles. (2) In the case of a newly imposed 2 percent sales and use tax under this Code section, only the amount in excess of a 1 percent sales and use tax shall not apply to the furnishing for value of any room or rooms, lodgings, or accommodations which are subject to tax under Article 3 of Chapter 13 of this title or to the sale ofmotor vehicles. (i) In all respects not otherwise provided for in this Code section, the levy of a tax under this article by a consolidated government referred to in subsection (a) of this Code section shall be in the same manner as the levy of the tax by any other county.

SECTION?. Said title is further amended by adding a new article at the end of Chapter 8, to be designated Article 4, to read as follows:

'ARTICLE4

48-8-200. As used in this article, the term:
(1) 'Building and construction materials' means all building and construction materials, supplies, fixtures, or equipment, any combination of such items, and any other leased or purchased articles when the materials, supplies, fixtures, equipment, or articles are to be utilized or consumed during construction or are to be incorporated into construction work pursuant to a bona fide written construction contract. (2) 'Dealer' means a dealer as defined in paragraph (3) ofCode Section 48-8-2. (3) 'Municipality' means a municipality in which the average waste-water flow ofsuch municipality is not less than 85 tnillion gallons per day. (4) 'Water and sewer projects and costs' means:
(A) Any capital outlay project or projects for the development, storage, treatment, purification, or distribution ofwater; (B) Any capital outlay project or projects for storm-water and sewage collection and disposal systems;
(C)(i) With respect to any project or projects provided for under subparagraph (A) or (B) ofthis paragraph:
(I) Any cost of project or cost of any project as defined under paragraph (3) of Code Section 50-23-4; and (II) Any maintenance and operation costs. (ii) In no event shall any expenditure of tax proceeds pursuant to this subparagraph exceed annually an amount equal to the annual debt service payments of such municipality with respect to revenue bond indebtedness

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GENERAL ACTS AND RESOLUTIONSz VOL. I

incurred for drinking water projects and ~>torm-water and sewage collection and disposal projects; or (D) Any combination of any ofthe foregoing.

48-8-201. (a)(1) fu any county in which the provisions ofparagraph (2) of subsection (b) of Code Section 48-8-6 will be applicable if the tax under Part 1 of Article 3 of this chapter is imposed pursuant to subparagraph (a)(1)(D) of Code Section 48-8-111 in whole or in part 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 outlay project or projects, or a combination of such projects, the governing authority of a municipality, the majority of which is located wholly or partially in such county, may deliver or mail a written copy of a resolution of such municipal governing authority calling for the imposition by the county of the tax under Part 1 of Article 3 of this chapter pursuant to subparagraph (a)(l )(D) of Code Section 48-8-111 in whole or in part 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 outlay project or projects, water and sewer pr~jects and costs, or any combination thereof (2) Within ten days following tl1e date of delivery of such resolution to the governing authority of such county, the governing authorities of such county and municipality may enter into an intergovernmental contract as authorized by Article IX, Section Ill of the Constitution which shall specify the allocation of the proceeds of the tax between such county and municipality according to the ratio the population of such municipality bears to the population of such county according to the United States decennial census of 2000 or any future such census so tllat such municipality's share of tlle total net proceeds shall be the percentage of tlle total population of such municipality divided by tlle total population of such county. Such intergovernmental contract shall specify that tlle proceeds allocated to tlle municipality shall only be expanded for water and sewer projects and costs. (3) fulmediately following tlle entering into oftlle intergovernmental contract under paragraph (2) of this subsection, tlle governing autllority of such county may select tlle next practicable date authorized under Code Section 21-2-540 for conducting a special election on tlle question of imposing such tax under Part 1 ofArticle 3 ofthis chapter. The governing autllority of such county shall notify tlle county election superintendent by forwarding to the superintendent a copy oftlle resolution ofthe governing autllority of such municipality calling for tlle imposition of tlle tax in such county. Following receipt of tlle resolution, the election superintendent shall issue tlle appropriate call for an election for tlle purpose of submitting tlle question ofthe imposition of tlle tax to the voters of such county in the manner specified in Code Section 48-8-111. If approved in such referendum, tlle tax shall be levied and imposed as provided in this Code section and Part 1 ofArticle 3 ofthis chapter.

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(b) If the governing authority of the cmmty takes no action under paragraph (2) or (3) of subsection (a) of this Code section, it shall provide notice thereof by resolution to the governing authority of the municipality not later than ten days following the date of delivery of such municipality's resolution to the county under subsection (a) of this Code section. Upon receipt by the governing authority of the municipality of such county resolution or if timely notice of no action is not provided by the governing authority of the county to the governing authority of the municipality or if the com1ty referendum is conducted but is not approved by the voters, the governing authority of any municipality in this state may, subject to the requirement of referendum approval and the other requirements of this article, immediately commence proceedings to seek to impose within the municipality a special sales and use tax for a limited period of time for the purpose of fimding water and sewer projects and costs. Any tax imposed under this article shall be at the rate of 1 percent. Except as otherwise provided in this article, a tax imposed under this article shall correspond to the tax imposed by Article 1 ofthis chapter. (c) In the event a tax imposed under this article is imposed only by the municipality:
(1) No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to:
(A) Sales of motor fuels as that term is defined by Code Section 48-9-2; (B) The sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3; (C) The sale of natural or artificial gas used directly in the production of electricity which is subsequently sold, notwithstanding paragraph (70) of Code Section 48-8-3; and (D) 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 ofthis title; and (2) A tax imposed under this article shall not apply to the sale of motor vehicles. (d) On and after July 1, 2007, the aggregate amount of all excise taxes imposed under paragraph (5) of subsection (a) ofCode Section 48-13-51 and all sales and use taxes shall not exceed 14 percent.

48-8-202. (a) A municipal governing authority voting to impose the tax authorized by this article shall notifY tlle municipal election superintendent by forwarding to tlle superintendent a copy of tlle resolution or ordinance of the municipal governing authority calling for the imposition of the tax. Such ordinance or resolution shall specifY the following:
(1) The maximum period of time of the tax, to be stated in calendar years or calendar quarters and not to exceed four years;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) The aggregate maximwn cost of the project or projects and maintenance and operation costs which will be funded from the proceeds of the tax, which aggregate maximwn cost shall also be the maximwn amount of net proceeds to be raised by the tax; and (3) If general obligation debt is to be issued in conjunction with the imposition of the tax, as authorized by this article, the principal amount of the debt to be issued, the interest rate or rates or the maximwn interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life ofthe debt. (b) Upon receipt of the resolution or ordinance, the municipal election superintendent shall issue the call for an election for the purpose of submitting the question of the imposition of the tax to the voters of the municipality. The municipal election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the legal organ of the county in which the majority of the municipal population resides or in a newspaper having general circulation in the municipality at least equal to that of the legal organ. If general obligation debt is to be issued in conjunction with the imposition of the tax, the notice published by the municipal election superintendent shall also include, in such form as may be specified by the municipal governing authority, the principal amount of the debt, the rate or rates of interest or the maximwn rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication of notice by the municipal election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) ofCode Section 36-82-1, which notice shall not be required. (c)( I) The ballot shall have written or printed thereon the following:

'YES ( ) Shall a special I percent sales and use tax be imposed in _ _ _ _ for a period of time not to exceed _ _ _ _ __
NO ( ) and for the raising of not more than $_ _ for the purpose of funding water and sewer projects and costs?'

(2) If debt is to be issued, the ballot shall also have written or printed thereon,

following the language specified by paragraph (I) of this subsection, the

following:

'If imposition of the tax is approved by the voters, such vote shall also

constitute approval of the issuance of general obligation debt of

_ _ _ _ _ in the principal amount of $

for the above

purpose.'

(d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and

all persons opposed to levying the tax shall vote 'No.' If more than one-half ofthe

votes cast are in favor of imposing the tax, then the tax shall be imposed as

provided in this article; otherwise, the tax shall not be imposed and the question

of imposing the tax shall not again be submitted to the voters of the municipality

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until after I2 months inunediately following the month in which the election was held; provided, however, that if an election date authorized Wider Code Section 21-2-540 occurs during the twelfth month immediately following the month in which such election was held, the question of imposing the tax may be submitted to the voters of the mwticipality on such date. The mwticipal election superintendent shall hold and conduct the election Wider the same rules and regulations as govern special elections. The mwticipal election superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election
shall be paid from mwticipal fimds.
(e)( I) If the proposal includes the authority to issue general obligation debt and if more than one-half of the votes cast are in favor ofthe proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I of the Constitution is given to the proper officers of the mwticipality; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the mwticipality may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrwnent or instrwnents. If such debt is incurred through the issuance ofgeneral obligation bonds, such bonds and their issuance and validation shall be subject to Articles I and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this article. Ifsuch debt is incurred through the execution of a promissory note or notes or other instrwnent or instrwnents, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-IO through 36-80-I4 except as specifically provided otherwise in this article. In either event, such general obligation debt shall be payable first from the separate accoWlt in which are placed the proceeds received by the mwticipality from the tax authorized by this article. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the mwticipality; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied from the general fimds ofthe mwticipality.

48-8-203. (a)( 1) If the imposition of the tax is approved by referendum, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 70 days after the date of the election at which the tax was approved by the voters. (2) With respect to services which are regularly billed on a monthly basis, however, the resolution or ordinance imposing the tax shall become effective with respect to and the tax shall apply to the first regular billing period coinciding with or following the effective date specified in paragraph (I) of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

this subsection. A certified copy of the ordinance or resolution imposing the tax shall be forwarded to the commissioner so that it will be received within five business days after certification ofthe election results. (b) The tax shall cease to be imposed on the earliest ofthe following dates: (1) Ifthe resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation ofsuch debt; (2) On the final day of the maximum period of time specified for the imposition ofthe tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the municipality net proceeds equal to or greater than the amount specified as the maximum amount ofnet proceeds to be raised by the tax. (c)( 1) No municipality shall impose at any time more than a single 1 percent tax under this article. (2) A municipality in which a tax authorized by this article is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for a reimposition of a tax as authorized by this article upon the termination of the tax then in effect; and a referendum may be held for this purpose while the tax is in effect. Proceedings for such reimposition shall not be conducted more than two times; shall be in the same manner as proceedings for the initial imposition of the tax as provided for in Code Section 48-8-202 and shall be solely within the discretion of the governing authority of the municipality without regard to any requirement of county participation otherwise specified under subsection (a) of Code Section 48-8-201. Such newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a municipality is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, if feasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so as to permit the reimposition of a tax, if otherwise approved as required under this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax under this article which has been renewed two times under paragraph (2) of this subsection, a municipality shall not be authorized to initiate proceedings for the reimposition of a tax under this article or to reimpose such tax.

48-8-204. A tax levied pursuant to this article shall be exclusively administered and collected by the commissioner for the use and benefit of the municipality imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and

GEORGIA LAWS 2004 SESSION

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penalties provided in Article 1 oftllis chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayers liability for taxt->s owed the state; and provided, further, that the coJI)lllissioner may rely upon a representation by or in behalf of the municipality or the Secretary of State tl1at such a tax has been validly imposed, and the coJI)lllissioner and the commissioner s agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amom1t of the tax due and accounted fur and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amount is not delinquent at the time of payment. The deduction shall be at the rate and subject to the requirements specified under subsections (b) through (f) of Code Section 48-8-50.

48-8-205. Each sales and use tax return renlitting sales and use taxes collected under this article shall separately identifY the location of each retail establishment at which any of the sales and use taxes renlitted were collected and shall specifY the amount of sales and the amount of taxes collected at each establishment for the period covered by the return in order to facilitate the deternlination by the commissioner that all sales and use taxes imposed by this article are collected and distributed according to situs of sale.

48-8-206. The proceeds ofthe tax collected by the commissioner in each municipality under this article shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; and (2) Except as otherwise provided in subsection (b) of this Code section, the remaining proceeds of the tax shall be distributed to the governing authority of the municipality imposing the tax.

48-8-207. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser either in another local tax jurisdiction within the state or in a tax jurisdiction outside tl1e state, the tax may be credited against the tax authorized to be imposed by this article upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due under this article, the purchaser shall pay an an10unt equal to the difference between the amount paid in the other tax jurisdiction and the amount due under this article. The commissioner may require such proof of payment in another local tax jurisdiction as the commissioner deems necessary and proper. No credit shall be granted, however, against the tax imposed under this article for tax paid in another jurisdiction if the tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the municipality or in a special district which includes the municipality; and taxes so paid in another

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GENERAL ACTS AND RESOLUTIONS, VOL. I

jurisdiction shall be credited first against the tax levied under Article 2 of this chapter, if applicable, then against the tax levied under Article 3 of this chapter, if applicable, then against the tax levied under Article 2A of this chapter, if applicable, and then against the tax levied under this article.

48-8-208. No tax provided for in this article shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the geographical area of the municipality in which the tax is imposed regardless of the point at which title passes, ifthe delivery is made by the seller's vehicle, United States mail, or common carrier or by private or contract carrier licensed by the Federal Highway Administration or the Georgia Public Service Commission.

48-8-209. No tax provided for in this article shall be imposed upon the sale or use of building and construction materials when the contract pursuant to which the materials are purchased or used was advertised for bid prior to the voters approval of the levy of the tax and the contract was entered into as a result of a bid actually submitted in response to the advertisement prior to approval of the levy ofthe tax.

48-8-210. The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient administration and enforcement of the collection of the tax authorized to be imposed by this article.

48-8-211. The tax authorized by this article shall be in addition to any other local sales and use tax. The imposition of any other local sales and use tax within a county, municipality, or special district shall not affect the authority of a municipality to impose the tax authorized by this article and the imposition of the tax authorized by this article shall not affect the imposition of any otherwise authorized local sales and use tax within the county, municipality, or special district.

48-8-212. (a) The proceeds received from the tax authorized by this article shall be used by the municipality exclusively for:
(1) Water and sewer projects and costs; (2) The repayment of general obligation indebtedness incurred in conjunction with the imposition ofthe tax authorized by this article; or (3) The repayment of any loans made to such municipality with respect to such water and sewer pr~jects and costs. Such proceeds shall be kept in a separate account from other funds of the municipality and shall not in any

GEORGIA LAWS 2004 SESSION

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manner be conuningled with other funds of the municipality prior to
expenditure. {b) The governing authority of the municipality shall maintain a record of each and every water and sewer project and cost for which the proceeds of the tax are used. In each annual audit a schedule shall be included which shows fur each ongoing such project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (c) No general obligation debt shall be issued in conjunction with the imposition of the tax unless the municipal governing authority determines that, and if the debt is to be validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the municipality will receive from the tax authorized by this article net proceeds sufficient to fully satisfy such liability. General obligation debt issued under this article shall be payable first from the separate account in which are placed the proceeds received by the municipality from the tax authorized by this article. Such debt, however, shall constitute a pledge of the full faith, credit, and taxing power of the municipality; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this article shall be satisfied ftom the general funds ofthe municipality. (d) The resolution or ordinance calling for imposition of the tax authorized by this article may specify that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. If the resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (f) of this Code section. (e) The resolution or ordinance calling for the imposition of the tax authorized by this article may specify that a part of the proceeds of the tax will be used fur payment of general obligation debt issued in conjunction with the imposition of the tax. In such a case no part of the net proceeds from the tax received in any year shall be used for other water and sewer projects until all debt service requirements of the general obligation debt for that year have first been satisfied ftom the account in which the proceeds ofthe tax are placed.
(f)(l)(A) If the proceeds of the tax are specified to be used solely for the purpose ofpayment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) ofthis subsection. (B) If the municipality receives from the tax net proceeds in excess of the maximum cost of the project or projects calling for the imposition of the tax

84

GENERAL ACTS AND RESOLUTIONS, VOL. I

or in excess of the actual cost of such project or projects, then such excess proceeds shall be subject to and applied as provided in paragraph (2) ofthis subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-203 by reason of denial of validation of debt, then all net. proceeds received by the municipality from the tax shall be excess proceeds subject to paragraph (2) ofthis subsection. (2) Excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the municipality other than indebtedness incurred pursuant to this article. If there is no such other indebtedness or, if the excess proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fi.md of the municipality, it being the intent that any fi.mds so paid into the general fi.md of the municipality be used for the purpose ofreducing ad valorem taxes.'

SECTIONS. Said title is further amended by striking Code Section 48-8-II 0, relating to authorization for the levy of the special county sales and use tax, and inserting in lieu thereofthe following:
'48-8-IIO. As used in this part, the term:
(I) 'Capital outlay project' means major, permanent, or long-lived improvements or betterments, such as land and structures, such as would be properly chargeable to a capital asset account and as distinguished from current expenditures and ordinary maintenance expenses. Such term shall include, but not be limited to, roads, streets, bridges, police cars, fire trucks, ambulances, garbage trucks, and other major equipment. (2) 'County-wide project' means a capital outlay project or projects as defined in paragraph (I) of this Code section of the county for the use or benefit of the citizens ofthe entire county and is further defined as follows:
(A) 'Level one county-wide project' means a county-wide project or projects of the county to carry out fi.mctions on behalf of the state and is limited to a county courthouse; a county administrative building primarily for county constitutional officers or elected officials; a county or regional jail, correctional institution, or other detention facility; a county health department facility; or any combination of such projects; and (B) 'Level two county-wide project' means a county-wide project or projects of the county or one or more municipalities, other than a level one county-wide project, which project or pr~jects are to be owned or operated or both either by the county, one or more municipalities, or any combination thereof (3) 'Intergovernmental agreement' means a contract entered into pursuant to Article XI, Section III, Paragraph I of the Constitution between a county and one or more qualified municipalities located within the special district

GEORGIA lAWS 2004 SESSION

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containing a combined total of no less than 50 percent of the aggregate municipal population located within the special district. (4) 'Qualified municipality' means only those incorporated municipalities which provide at least three of the following services, either directly or by
contract: (A) Law enforcement; (B) Fire protection (which may be furnished by a volunteer fire force) and fire safety; (C) Road and street con.'itruction or maintenance; (D) Solid waste management; (E) Water supply or distribution or both; (F) Waste-water treatment; (G) Storm-water collection and disposal; (H) Electric or gas utility services; (I) Enforcement of building, housing, plumbing, and electrical codes and other similar codes; (J) Planning and zoning; (K) Recreational facilities; or (L) Library.

48-8-110.1. (a) Pursuant to the authority granted by Article IX, Section II, Paragraph VI of
the Constitution of this state, there are created within this state 159 special
districts. The geographical boundary of each county shall correspond with and shall be conterminous with the geographical boundary ofthe I5 9 special districts. (b) When the imposition of a special district sales and use tax is authorized according to the procedures provided in this part within a special district, the governing authority of any COllllty in this state may, subject to the requirement ofreferendum approval and the other requirements ofthis part, impose within the special district a special sales and use tax for a limited period of time which tax shall be known as the collllty special purpose local option sales tax. (c) Any tax imposed under this part shall be at the rate of I percent. Except as to rate, a tax imposed under this part shall correspond to the tax imposed by Article I of this chapter. No item or transaction which is not subject to taxation under Article I of this chapter shall be subject to a tax imposed under this part, except that a tax imposed under this part shall apply to sales ofmotor fuels as that tennis defined by Code Section 48-9-2 and shall be applicable to the sale offood and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3.'

SECTION9. Said title is further amended by striking Code Section 48-8-II1, relating to procedures for imposition of the special county sales and use tax, and inserting in its place a new Code Section 48-8-II1 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'48-8-111. (a) Prior to the issuance of the call for the referendum and prior to the vote of a coWlty governing authority within a special district to impose the tax Wlder this part, such governing authority may enter into an intergovernmental agreement with any or all of the qualified municipalities within the special district. Any coWlty that desires to have a tax Wlder this part levied within the special district shall deliver or mail a written notice to the mayor or chief elected official in each qualified mWlicipality located within the special district. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the COWlty and of each qualified municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, the governing authority of the COWlty within the special district voting to impose the tax authorized by this part shall notifY the COWlty election superintendent by forwarding to the superintendent a copy of the resolution or ordinance of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specifY eligible expenditures identified by the coWlty and any qualified municipality for use of proceeds distributed pursuant to subsection (b) ofCode Section 48-8-115. Such ordinance or resolution shall also specifY:
( 1) The purpose or purposes for which the proceeds of the tax are to be used and may be expended, which purpose or purposes may consist ofcapital outlay projects located within or outside, or both within and outside, any incorporated areas in the coWlty in the special district or outside the coWlty, as authorized by subparagraph (B) of tlris paragraph for regional facilities, and which may include any ofthe following purposes:
(A) A capital outlay project consisting of road, street, and bridge purposes, which purposes may include sidewalks and bicycle paths; (B) A capital outlay project or projects in the special district and consisting of a courthouse; administrative buildings; a civic center; a local or regional jail, correctional institution, or other detention facility; a library; a coliseum; local or regional solid waste handling facilities as defined Wlder paragraph (27.1) or (35) of Code Section 12-8-22, as amended, excluding any solid waste thermal treatment technology facility, including, but not linrited to, any facility for purposes of incineration or waste to energy direct conversion; local or regional recovered materials processing facilities as defined Wlder paragraph (26) of Code Section 12-8-22, as amended; or any combination of such projects; (C) A capital outlay project or projects which will be operated by a joint authority or authorities of the coWlty and one or more qualified municipalities within the special district; (D) A capital outlay project or projects, to be owned or operated or both either by the COWlty, one or more qualified municipalities within the special

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district, one or more local authorities within the special district, or any combination thereof; (E) A capital outlay project consisting of a cultural facility, a recreational facility, or a historic facility or a facility for some combination of such purposes; (F) A water capital outlay project, a sewer capital outlay project, a water and sewer capital outlay project, or a combination of such projects, to be owned or operated or both by a county water and sewer district and one or more qualified municipalities in the county; (G) The retirement of previously incurred general obligation debt of the county, one or more qualified municipalities within the special district, or any combination thereof; (H) A capital outlay project or projects within the special district and consisting of public safety facilities, airport facilities, or related capital equipment used in the operation of public safety or airport facilities, or any combination of such purposes; (I) A capital outlay project or projects within the special district, consisting ofcapital equipment for use in voting in official elections or referendums; (J) A capital outlay project or projects within the special district consisting of any transportation facility designed for the transportation of people or goods, including but not limited to railroads, port and harbor facilities, mass transportation facilities, or any combination thereof; (K) A capital outlay project or projects within the special district and consisting of a hospital or hospital facilities that are owned by a county, a qualified municipality, or a hospital authority within the special district and operated by such county, municipality, or hospital authority or by an organization which is tax exempt under Section 50l(c)(3) of the Internal Revenue Code, which operates the hospital through a contract or lease with such county, municipality, or hospital authority; or (L) Any combination oftwo or more of the foregoing; (2) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years, unless the provisions of paragraph (I) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the maximum period of time for which the tax may be levied shall not exceed six years; (3) The estimated cost ofthe pr~ject or projects which will be funded from the proceeds of the tax, which estimated cost shall also be the estimated amount of net proceeds to be raised by the tax, unless the provisions of paragraph (I) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length oftime for which the tax was authorized to be levied by the referendum; and (4) Ifgeneral obligation debt is to be issued in conjunction with the imposition ofthe tax, the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the local government issuing the debt, the interest rate

88

GENERAL ACTS AND RESOLUTIONS, VOL. I

or rates or the maximwn interest rate or rates which such debt is to bear, and the amount of principal to be paid in each year during the life ofthe debt. (b) Upon receipt ofthe resolution or ordinance, the election superintendent shall issue the call for an election tor the purpose of submitting the question of the imposition of the tax to the voters of the county within the special district. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. The election superintendent shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county. If general obligation debt is to be issued by the county or any qualified municipality within the special district in conjunction with the imposition ofthe tax, the notice published by the election superintendent shall also include, in such furm as may be specified by the county governing authority or the governing authority or authorities of the qualified municipalities imposing the tax within the special district, the principal amount of the debt, the purpose for which the debt is to be issued, the rate or rates of interest or the maximwn rate or rates of interest the debt will bear, and the amount of principal to be paid in each year during the life of the debt; and such publication ofnotice by the election superintendent shall take the place of the notice otherwise required by Code Section 36-80-11 or by subsection (b) ofCode Section 36-82-1, which notice shall not be required. (c)(1) The ballot submitting the question of the imposition of the tax authorized by this part to the voters of the county within the special district shall have written or printed thereon the following:

'YES ( ) Shall a special 1 percent sales and use tax be imposed in the

special district of

County for a period of time not to

NO ( ) exceed

and for the raising of an estimated amount of

$

for the purpose of

?'

(2) If debt is to be issued, the ballot shall also have written or printed thereon,

following the language specified by paragraph (1) of this subsection, the

following:

'If imposition of the tax is approved by the voters, such vote shall also

constitute approval of the issuance of general obligation debt of

in

the principal amount of$

for the above purpose.'

(d) All persons desiring to vote in favor of imposing the tax shall vote 'Yes' and

all persons opposed to levying the tax shall vote 'No.' Ifmore than one-halfofthe

votes cast are in favor of imposing the tax then the tax shall be imposed as

provided in this part; otherwise the tax shall not be imposed and the question of

imposing the tax shall not again be submitted to the voters of the county within

the special district until after 12 months immediately following the month in

which the election was held; provided, however, that if an election date

authorized under Code Section 21-2-540 occurs during the twelfth month

immediately following the month in which such election was held, the question

of imposing the tax may be submitted to the voters of the county within the

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special district on such date. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certifY the result to the Secretary of State and to the commissioner. The expense ofthe election shall be paid from county funds.
(e)(I) If the proposal includes the authority to issue general obligation debt and ifmore than one-half of the votes cast are in favor ofthe proposal, then the authority to issue such debt in accordance with Article IX, Section V, Paragraph I or Article IX, Section V, Paragraph II of the Constitution is given to the proper officers of the county or qualified municipality within the special district issuing such debt; otherwise such debt shall not be issued. If the authority to issue such debt is so approved by the voters, then such debt may be issued without further approval by the voters. (2) If the issuance of general obligation debt is included and approved as provided in this Code section, then the governing authority of the county or qualified municipality within the special district issuing such debt may incur such debt either through the issuance and validation of general obligation bonds or through the execution of a promissory note or notes or other instrument or instruments. If such debt is incurred through the issuance of general obligation bonds, such bonds and their issuance and validation shall be subject to Articles I and 2 of Chapter 82 of Title 36 except as specifically provided otherwise in this part. If such debt is incurred through the execution of a promissory note or notes or other instrument or instruments, no validation proceedings shall be necessary and such debt shall be subject to Code Sections 36-80-10 through 36-80-14 except as specifically provided otherwise in this part. In either event, such general obligation debt shall be payable first from the separate account in which are placed the proceeds received by the county or qualified municipality within the special district issuing such debt from the tax authorized by this part. Such general obligation debt shall, however, constitute a pledge of the full faith, credit, and taxing power of the county or qualified municipality within the special district issuing such debt; and any liability on such debt which is not satisfied from the proceeds of the tax authorized by this part shall be satisfied from the general funds of the county or qualified municipality within the special district issuing such debt."

SECTION 10. Said title is further amended by striking subsection (c) ofCode Section 48-8-111.1, relating to applicability of the special county sales and use tax to consolidated governments, and inserting in its place a new subsection (c) to read as follows: (c) A consolidated government shall be authorized to levy a tax for any capital
outlay project provided for in subparagraphs (a)( I )(C), (a)(l )(D), and (a)(l )(F) of Code Section 48-8-111, or any combination thereof, without the necessity of operating such project jointly witl1 a qualified municipal governing authority, owning or operating such projects with one or more.qualified municipalities, or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

entering into a contract with one or more qualified municipalities with respect to such project."

SECTION 11. Said title is further amended by striking Code Section 48-8-112, relating to effective date, termination, limitation, and reimposition of the special county sales and use tax, and inserting in lieu thereof the following:
"48-8-112. (a) If the imposition of the tax is approved at the special election, the tax shall be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the date ofthe election at which the tax was approved by the voters. With respect to services which are regularly billed on a monthly basis, however, the resolution shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in the previous sentence. (b) The tax shall cease to be imposed on the earliest ofthe following dates:
(1) Ifthe resolution or ordinance calling for the imposition of the tax provided for the issuance of general obligation debt and such debt is the subject of validation proceedings, as of the end of the first calendar quarter ending more than 80 days after the date on which a court of competent jurisdiction enters a final order denying validation ofsuch debt; (2) On the final day of the maximum period of time specified for the imposition ofthe tax; or (3) As of the end of the calendar quarter during which the commissioner determines that the tax will have raised revenues sufficient to provide to the county and qualified municipalities within the special district net proceeds equal to or greater than the amount specified as the estimated amount of net proceeds to be raised by the tax, unless the provisions in paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day ofthe tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum. (c)(l) At any time no more than a single 1 percent tax under this part may be imposed within a special district. (2) The governing authority of a county in a special district in which a tax authorized by this part is in effect may, while the tax is in effect, adopt a resolution or ordinance calling for the reimposition of a tax as authorized by this part upon the termination of the tax then in effect; and a special election may be held for this purpose while the tax is in effect. Proceedings for the reimposition of a tax shall be in the same manner as proceedings for the initial imposition of the tax, but the newly authorized tax shall not be imposed until the expiration of the tax then in effect; provided, however, that in the event of emergency conditions under which a county is unable to conduct a referendum so as to continue the tax then in effect without interruption, the commissioner may, iffeasible administratively, waive the limitations of subsection (a) of this Code section to the minimum extent necessary so as to permit the reimposition

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of a tax, if otherwise approved as required illlder this Code section, without interruption, upon the expiration of the tax then in effect. (3) Following the expiration of a tax illlder this part, the governing authority of a coilllty within a special district may initiate proceedings for the reimposition of a tax illlder this part in the same manner as provided in this part for initial imposition of such tax. (d) Notwithstanding any other provision of this part to the contrary, if a coilllty has imposed the tax authorized by this part which tax has become effective in the calendar quarter beginning October I, 2003, for road, street, and bridge purposes; courthouse capital repair purposes; capital outlay hospital authority purposes; and other purposes, and illlanticipated retail development occurs prior to the fourth year of the tax being in place which will cause the tax to terminate illlder paragraph (3) of subsection (b) of this Code section, then the provisions of this subsection shall apply. This subsection shall not apply illltil and unless the governing authority ofthe county adopts a resolution under this subsection which calls for the tax to continue to be collected for the maximum period of time originally specified for the in1position of the tax. A copy of such resolution shall, upon adoption, be transmitted to the commissioner. Upon the adoption of such resolution, the tax shall continue to be imposed for the same period of time as originally authorized witl10ut regard to the amount of revenue collected. The commissioner shall notifY the county governing authority as of the end of the calendar quarter during which the commissioner makes the determination otherwise required illlder paragraph (3) of subsection (b) of this Code section. From the beginning of the immediately following calendar quarter until the final day of the maximum period of time specified for the imposition of the tax, the county shall only be authorized to use the proceeds collected from such tax for a county-wide project or projects or for a recreational facility or facilities and only pursuant to an intergovermnental agreement between such coilllty and all municipalities, whether qualified municipalities or not, which were originally to receive a share of proceeds of such tax regarding such projects or facilities. This subsection shall stand repealed in its entirety on December 3I, 2008:

SECTION 12. Said title is further amended by striking Code Section 48-8-II3, relating to administration and collection of the special coilllty sales and use tax by the state revenue commissioner, and inserting in its place a new Code Section 48-8-II3 to read as follows:
.48-8-IB.
A tax levied pursuant to this part shall be exclusively administered and collected by the commissioner for the use and benefit of the county and qualified municipalities within such special district imposing the tax. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures, and penalties provided in Article I of this chapter; provided, however, that all moneys collected from each taxpayer by the commissioner shall be applied first to such taxpayer s liability for taxes owed the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

state; and provided, further, that the commissioner may rely upon a representation by or in behalf of the county and qualified municipalities within the special district or the Secretary of State that such a tax has been validly imposed, and the commissioner and the commissioner's agents shall not be liable to any person for collecting any such tax which was not validly imposed. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if such amow1t is not delinquent at the time of payment The deduction shall be at the rate and subject to the requiren1ents specified under subsections (b) through (f) of Code Section 48-8-50."

SECTION 13. Said title is further amended by striking Code Section 48-8-115, relating to disbursen1ent of proceeds of the special county sales and use tax, and inserting in its place a new Code Section 48-8-115 to read as follows:
"48-8-115. (a) The proceeds of the tax collected by the commissioner in each county within a special district under this part shall be disbursed as soon as practicable after collection as follows:
(1) One percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this Code section, the ren1aining proceeds of the tax shall be distributed to the governing authority of the county within the special district imposing the tax as specified in subsection (b) ofthis Code section. (b) The county within the special district shall distribute any such proceeds as follows: (1) To the county governing authority and any qualified municipalities as specified in an intergovernmental agreenlent Where an intergovernmental agreenlent has been entered into, the agreenlent shall, at a minimum, include the following:
(A) The specific capital outlay project or projects to be funded pursuant to the agreen1ent; (B) The estimated or projected dollar amounts allocated for each project from tax proceeds from the tax authorized by this part; (C) The procedures for distributing proceeds from the tax authorized by this part to qualified municipalities; (D) A schedule for distributing proceeds from the tax authorized by this part to qualified municipalities which schedule shall include the priority or order in which projects will be fully or partially funded; (E) A provision that all capital outlay projects included in the agreen1ent shall be funded from proceeds from the tax authorized by this part except as otherwise agreed;

GEORGIA lAWS 2004 SESSION

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(F) A provision that proceeds from the tax authorized by this part shall be maintained in separate accounts and utilized exclusively for the specified purposes; (G) Record-keeping and audit procedures necessary to carry out the purposes of this part; and (H) Such other provisions as the county and participating municipalities choose to address; or (2) Where an intergovernmental agreement has not been entered into pursuant to paragraph (I) of this subsection, the county within the special district shall distribute the proceeds ofthe tax authorized by this part as fullows:
(A)(i) To the governing authority of the county for one or more level one county-wide projects specified by the governing authority of the county in the ordinance or resolution required by subsection (a) of Code Section 48-8-Ill; provided, however, that any tax levied under this part that fimds level one county-wide projects where an intergovernmental agreement has not been entered into pursuant to paragraph (I) ofthis subsection shall be levied for a five-year period. In the event that any or all level one county-wide projects are estimated to cost an amount which exceeds the proceeds projected to be collected during a 24 month period of the levy of the tax, the tax shall be levied for a six-year period; or (ii) In the event that no level one county-wide project is included in the ordinance or resolution required by subsection (a) of Code Section 48-8-III, to the governing authority of the county for one or more level two county-wide projects specified by the governing authority of the county in the ordinance or resolution required by subsection (a) of Code Section 48-8-111. In the event no level one county-wide project is included in the ordinance or resolution required by subsection (a) of Code Section 48-8-III and the governing authority of the county has specified one or more municipal projects as level two county-wide projects in the ordinance or resolution required by subsection (a) of Code Section 48 -8-Ill, to the governing authority of the appropriate municipality or municipalities for such level two county-wide projects specified in the ordinance or resolution required by subsection (a) of Code Section 48-8-III. The total estiinated cost of all level two county-wide projects specified under this division shall not exceed 20 percent of the proceeds projected to be collected during the period specified in the ordinance or resolution required by subsection (a) of Code Section 48-8-III; or (B) In the event that no county-wide project is included in the resolution or ordinance calling for the imposition of the tax or in the event that tax proceeds exceed that amount required to fund the county-wide project or projects, the remaining proceeds shall be distributed in the following manner: (i) As specified in an intergovernmental agreement other than the agreement specified in paragraph (I) of this subsection. The

94

GENERAL ACTS AND RESOLUTIONS, VOL. I

intergovenunental agreement shall include, at a minimwn, the information required in paragraph (I) ofthis subsection; or (ii) To the qualified mlUlicipalities within the special district based upon the ratio that the population of each qualified mwlicipality bears to the total population of the county within the special district. If any qualified mwticipality is located in more than one county, only that portion of its population that is within the special district shall be counted. The remainder of such proceeds shall be distributed to the governing authority of the county within the special district. Capital outlay projects included in the referendwn ballot by the county or any qualified municipalities within the special district shall be based upon the anticipated proceeds and distribution of the tax. The governing authority of the county within the special district shall distribute all proceeds received by the county for the tax levied pursuant to this part to the qualified municipalities within the special district on a monthly basis where proceeds are distributed in accordance with this division."

SECTION 14. Said title is further amended by striking Code Section 48-8-120, relating to the effect of other local sales and use taxes on imposition of the special county sales and nse tax, and inserting in its place a new Code Section 48-8-120 to read as follows:
"48-8-120. Except as provided in Code Section 48-8-6, the tax authorized by this part shall be in addition to any other local sales and nse tax. Except as provided in Code Section 48-8-6, the imposition of any other local sales and use tax within a county or qualified municipality within a special district shall not affect the authority of such a county to impose the tax authorized by part and the imposition of the tax authorized by part shall not affect the imposition of any otherwise authorized local sales and nse tax within the county within the special district."

SECTION 15. Said title is further amended by striking Code Section 48-8-121, relating to use of proceeds of the special county sales and use tax and issuance of general obligation debt, and inserting in lieu thereofthe following:
"48-8-121. (a)( I) The proceeds received from the tax authorized by this part shall be used by the county and qualified mmricipalities within the special district receiving proceeds of the sales and nse tax exclusively for the purpose or purposes specified in the resolution or ordinance calling for imposition of the tax. Such proceeds shall be kept in a separate account from other funds of such county and each qualified mwticipality receiving proceeds of the sales and use tax and shall not in any manner be commingled with other funds of such county and each qualified municipality receiving proceeds of the sales and use tax prior to the expenditure.

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(2) The governing authority of the county and the governing authority of each qualified municipality within the special district receiving any proceeds from the tax pursuant to this part. shall maintain a record of each and every project for which the proceeds ofthe tax are used. A schedule shall be included in each annual audit which shows for each such project the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amount<; expended in the current year. The auditor shall verifY and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor s report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. (3) In the event that a qualified municipality fails to comply with the requirements ofthis part, the county within the special district shall not be held liable for such noncompliance. (b)( 1) If the resolution or ordinance calling for the imposition of the tax specified that the proceeds of the tax are to be used in whole or in part for capital outlay projects consisting of road, street, and bridge purposes, then authorized uses ofthe tax proceeds shall include:
(A) Acquisition of rights of way for roads, streets, bridges, sidewalks, and bicycle paths; (B) Construction ofroads, streets, bridges, sidewalks, and bicycle paths; (C) Renovation and improvement of roads, streets, bridges, sidewalks, and bicycle paths, including resurfacing; (D) Relocation of utilities for roads, streets, bridges, sidewalks, and bicycle paths; (E) Improvement of surface-water drainage from roads, streets, bridges, sidewalks, and bicycle paths; and (F) Patching, leveling, milling, widening, shoulder preparation, culvert repair, and other repairs necessary for the preservation of roads, streets, bridges, sidewalks, and bicycle paths. (2) Storm-water capital outlay projects and drainage capital outlay projects may be funded pursuant to subparagraph (a)(l)(D) of Code Section 48-8-111 or in conjunction with road, street, and bridge capital outlay projects. (c) No general obligation debt shall be issued in conjunction with the imposition ofthe tax unless the governing authority of the county or qualified municipalities
within special district issuing the debt determines that, and if the debt is to be
validated it is demonstrated in the validation proceedings that, during each year in which any payment of principal or interest on the debt comes due the county or qualified municipalities within special district issuing such debt will receive from the tax authorized by this part net proceeds sufficient to fully satisfY such liability. General obligation debt issued under this part shall be payable first from
the separate account in which are placed the proceeds received by the county or
qualified municipalities within the special district issuing such debt from the tax authorized by this part. Such debt, however, shall constitute a pledge of the full

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faith, credit, and taxing power of the county or qualified municipalities within the special district issuing such debt; and any liability on said debt which is not satisfied from the proceeds of the tax authorized by this part shall be satisfied from the general funds ofthe county or qualified municipalities within the special district issuing such debt. (d) The resolution or ordinance calling for imposition of the tax authorized by this part may specifY that all of the proceeds of the tax will be used for payment of general obligation debt issued in conjunction with the imposition of the tax. Ifthe resolution or ordinance so provides, then such proceeds shall be used solely for such purpose except as provided in subsection (g) ofthis Code section. (e) The resolution or ordinance calling for the imposition of the tax authorized by this part may specifY that a part of the proceeds of the tax will be used fur payment of general obligation debt issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the other purposes for which such proceeds will be used; and such other purposes shall be a part of the capital outlay project or projects for which the tax is to be imposed. In such a case no part of the net proceeds from the tax received in any year shall be used for such other purposes until all debt service requirements of the general obligation debt for that year have first been satisfied from the account in which the proceeds ofthe tax are placed. (f) The resolution or ordinance calling for the imposition of the tax may specifY tl1at no general obligation debt is to be issued in conjunction with the imposition of the tax. If the ordinance or resolution so provides, it shall specifically state the purpose or purposes for which the proceeds will be used.
(g)(l)(A) If the proceeds of the tax are specified to be used solely for the purpose ofpayment of general obligation debt issued in conjunction with the imposition of the tax, then any net proceeds of the tax in excess of the amount required for final payment of such debt shall be subject to and applied as provided in paragraph (2) ofthis subsection. (B) If the county or qualified municipality within the special district receives from the tax net proceeds in excess of the estimated cost of the capital outlay project or projects stated in the resolution or ordinance calling for the imposition of the tax or in excess of the actual cost of such capital outlay project or projects, then such excess proceeds shall be subject to and applied as provided in paragraph (2) of this subsection. (C) If the tax is terminated under paragraph (1) of subsection (b) of Code Section 48-8-112 by reason of denial of validation of debt, then all net proceeds received by the county or qualified municipality within the special district from the tax shall be excess proceeds subject to paragraph (2) of this subsection. (2) Unless otherwise provided in this part or in an intergovernmental agreement entered into pursuant to this part, excess proceeds subject to this subsection shall be used solely for the purpose of reducing any indebtedness of the county within the special district other than indebtedness incurred pursuant to this part. If there is no such other indebtedness or, if the excess

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proceeds exceed the amount of any such other indebtedness, then the excess proceeds shall next be paid into the general fund of the county within the special district, it being the intent that any funds so paid into the general fund ofthe county be used for the purpose ofreducing ad valorem taxes."

SECTION 16. Tide 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking subsection (c) of Code Section 36-36-2, regarding the effective date of annexation, and inserting in its place a new subsection (c) to read
as fullows: '(c)(1) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely fur the purpose of determining school enrollment. (2) Unless otherwise agreed in writing by a county governing authority and the municipal governing authority, where property zoned and used for commercial purposes is annexed into a mwricipality with an independent school system, the effective date for the purposes of ad valorem taxes levied for educational purposes shall be December 31 of the year after the year in which the requirements ofArticle 2, 3, or 4 ofthis chapter, whichever is applicable, have been met."

SECTION 17. Said tide is further amended by striking Code Section 36-36-6, relating to notice of proposed annexation, and inserting in its place a new Code Section 36-36-6 to read as fullows:
'36-36-6. Upon accepting an application for annexation pursuant to Code Section 36-36-21 or a petition for annexation pursuant to Code Section 36-36-32, or upon adopting a resolution calling for an atmexation referendum pursuant to Code Section 36-36-57, the governing authority of the atmexing municipality shall within five business days give written notice of the proposed annexation to the governing authority ofthe county wherein the area proposed for annexation is located. Such notice shall include a map or other description of the site proposed to be annexed sufficient to identify the area. Where the proposed annexation is to be effected by a local Act of the General Assembly, a copy of the proposed legislation shall be provided by the governing authority of the municipality to the governing authority of the county in which the property proposed to be annexed is located fullowing the receipt of such notice by the governing authority of the municipality under subsection (b) of Code Section 28-1-14."

SECTION 18.
Said tide is further amended by striking Code Section 36-36-11, relating to the effect ofbona fide land use classification o~jections, and inserting in its place a new
Code Section 36-36-11 to read as follows:

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"36-36-11. (a) The intent of this Code section is to provide a mechanism to resolve disputes over land use arising out of the rezoning of property to a more intense land use in conjunction with or subsequent to annexation in order to facilitate coordinated planning between counties and municipalities particularly with respect to areas contiguous to municipal boundaries. (b) As used in this Code section, the term 'objection' means an objection to a proposed change in land use which results in a substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use.
( 1) When an initial zoning of property is sought pursuant to subsection (d) of Code Section 36-66-4 or when the rezoning of annexed property is sought within one year of the effective date of the annexation, the municipal corporation shall give notice to the county governing authority within seven calender days of the filing of the application for initial zoning or rezoning. Upon receipt of such notice, the county governing authority shall have seven calendar days to notify the municipality in writing of its intent to raise an objection to the proposed zoning or rezoning of the property and shall specify the basis for the objection. If the county governing authority serves notice of its intent to object, then the county governing authority shall have ten calendar days from the date of the comity" s notice to document in writing the nature of the objection specifically identifYing the basis for the objection including any increased service delivery or infrastructure costs. The absence of a written notice of intent to object or failure to document the nature ofthe objection shall mean the municipal corporation may proceed with the zoning or rezoning and no subsequent objections under this process may be filed for the zoning or rezoning under consideration. (2) Commencing with the date of receipt by the municipality of the countys documented o~jections, representatives of the municipal corporation and the county shall have 21 calendar days to devise mitigating measures to address the county s specific objections to the proposed zoning or rezoning. The governing authority of the municipal corporation and the governing authority of the county may agree on mitigating measures or agree in writing to waive the objections at any time within the 21 calendar day period, in which event the municipal corporation may proceed with the zoning or rezoning in accordance with such agreement; or, where an initial zoning is proposed concurrent with annexation, the municipality may approve, deny, or abandon the annexation of all or parts ofthe property under review. (3) If the representatives of the municipal corporation and the county fail to reach agreement on the objections and mitigating measures within the 21 calendar day period, eitht,T the governing authority of the municipal corporation or the governing authority of the county may insist upon appointment of a mediator within seven calendar days after the end of the 21 day period to assist in resolving the dispute. The mediator shall be mutually selected and appointed within seven calendar days of either party" s timely,

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written insistence on a mediator. The party insisting on use of the mediator shall bear two-thirds of the expense of the mediation and the other party shall bear one-third of the expense of the mediation. Ifboth the municipality and the county insist on mediation, the expenses of mediation shall be shared equally. The mediator shall have up to 28 calendar days to meet with the parties to develop alternatives to resolve the objections. Ifthe municipal corporation and the county agree on alternatives to resolve the objections, the municipal corporation may proceed in accordance with the mediated agreement. (4) If the objections are not resolved by the end of the 28 day period, the municipal governing authority or the county governing authority may, no later
than seven calendar days after the conclusion of such 28 day period, request
review by a citizen review panel. The citizen review panel shall be an independent body comprised of one resident of the municipal corporation appointed by the municipal governing authority, one resident of the county appointed by the county governing authority, and one nonresident of the county who is a land use planning professional mutually selected by the municipal and county appointees to the citizen review panel. No elected or appointed officials or employees, contractors, or vendors of a municipality or county may serve on the citizen review panel. If a request for review by a citizen review panel is made, the mediator shall make arrangements to appear personally at the first meeting of the panel and brief the panel members regarding the objections and proposed mitigating measures or provide a written presentation of such objections and proposed mitigating measures to the panel members on or before the date of such first meeting, whichever the mediator
deems appropriate. The citizen review panel shall meet at least once but may
conduct as many meetings as necessary to complete its review within a 21 calendar day period. All meetings of the citizen review panel shall be open to the public pursuant to Chapter 14 ofTitle 50. Within 21 calendar days of the request for review, the citizen review panel shall complete its review of the evidence submitted by the county and the municipality concerning the objections and proposed mitigating measures and shall issue its own recommendations. (5) The citizen review panel shall recommend approval or denial ofthe zoning or rezoning and address the objections and proposed mitigating measures. Where an initial zoning is proposed concurrent with annexation, the panel may also recommend that the annexation be approved or abandoned. The findings and recommendations ofthe citizen review panel shall not be binding. (6) Following receipt of the recommendations of the citizen review panel, the municipal corporation may:
(A) Zone or rezone all or parts ofthe property under review; (B) Zone or rezone all or parts of the property under review with mitigating measures; (C) Deny the zoning or rezoning of all or parts of the property under review; or
(D) Any combination ofthe foregoing.

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Where an initial zoning is proposed concurrent with annexation, the mwticipality may also approve, deny, or abandon the annexation of all or parts ofthe property ooder review. (7) At any time during the process set forth in this Code section, the coooty or mwticipality may file a petition in superior court seeking sanctions against a party for any objections or proposed mitigating measures that lack substantial justification or that were interposed tor purposes of delay or harassment. Such petition shall be assigned to a judge, pursuant to Code Section 15-1-9.1 or 15-6-13, who is not a judge in the circuit in which the coooty is located. The judge selected may also be a senior judge pursuant to Code Section 15-1-9.2 who resides in another circuit. The visiting or senior judge shall determine whether any objections or proposed mitigating measures lack substantial justification or were interposed for delay or harassment and shall assess against the party raising such objection or proposing or o~jecting to such mitigating measures the full cost of attorney fees and other costs incurred by the other party in responding to the objections or proposed mitigating measures. (8) Unless otherwise agreed, a zoning or rezoning decision made pursuant to this Code section shall not be effective ootil 28 calendar days following the completion of the process authorized by this Code section and the zoning or rezoning vote by the mwticipal governing authority. (9) During the process set forth in this Code section, the municipal corporation may proceed with notice, hearings, and other requirements for zoning or rezoning in accordance with the mwticipality' s zoning ordinance. (c) Ifthe annexation, zoning, or rezoning is denied or abandoned based in whole or in part on the coooty' s objections, the coooty shall not zone or rezone the property or allow any use of a sinrilar or greater density or intensity to that proposed for the property which had been objected to by the coooty pursuant to this Code section for a one-year period after the denial or abandonment. (d) The process set forth in subsection (b) of this Code section specifies minimum procedures for addressing objections. However, a coooty and a mwticipality may agree to additional procedures by resolution of the coooty and mwticipal governing authorities. Notwithstanding subsections (b) and (c) of this Code section, any agreement to resolve coooty objections to a proposed land use of an area to be annexed into a mwticipality which agreement was in effect on January I, 2004, and which includes a provision whereby the coooty and a mwticipality agree to be boood by the recommendations of an annexation appeals board shall remain in effect w1til the parties agree otherwise."

SECTION 19. Said title is further amended by striking paragraph (4) of subsection (d) of Code Section 36-66-4, relating to hearings with respect to proposed zoning decisions and procedure on zoning for property annexed into mwticipality, and inserting in its place a new paragraph (4) to read as follows:
"(4) The zoning classification approved by the mwticipality following the hearing required by this Code section shall become effective on the later of

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(A) The date the zoning is approved by the municipality; (B) The date that the annexation becomes effective pursuant to Code Section 36-36-2; or (C) Where a county has interposed an objection pursuant to Code Section 36-36-11, the date provided for in paragraph (8) of subsection (b) of said Code section."

SECTION20. Said title is further amended by striking paragraph (4) of Code Section 36-70-24, relating to criteria for service delivery, and inserting in its place a new paragraph (4) to read as follows:
'(4)(A) Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an alternative, they shall adopt a single land use plan for the unincorporated and incorporated areas ofthe county. (B) The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances."

SECTION21. 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 48-8-121, to be designated Code Section48-8-122, to read as follows:
'48-8-122. The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part or under Article 4 of this chapter shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government, a simple, nontechnical report which shows for each project or purpose in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estilpated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends to implement with respect to each project which is underfunded or behind schedule and a statement of any surplus funds which have not been expended for a project or purpose."

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SECTION22. Said title is further amended by adding a new Code Section 48-5-478.3 to read as follows:
"48-5-478.3. A single motor vehicle owned by or leased to a veteran of the armed forces ofthe United States who has been awarded the Medal of Honor and who is a citizen and resident of Georgia and on which such veteran actually places the motor vehicle license plates he or she receives from the State of Georgia pursuant to Code Section 40-2-68 is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes."

SECTION23. (a) Sections 1, 2, 3, 5, 6, 7, 22, this section, and Section 24 ofthis Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections4, 16, 17, 18, 19,20,and21 ofthisActshallbecomeeffectiveonJuly 1, 2004. (c) Sections 8, 9, 10, 11, I2, 13, I4, and 15 of this Act shall become effective on July I, 2004, and Sections 8, 9, IO, I1, 12, I3, 14, and 15 ofthis Act shall apply with respect to taxes imposed or to be imposed under any resolution or ordinance adopted by a county or municipal governing authority on or after July 1, 2004; and, except as otherwise specifically provided in this Act, Sections 8, 9, 10, II, I2, 13, 14, and 15 of this Act shall not apply with respect to taxes imposed or to be imposed under resolutions and ordinances adopted prior to July 1, 2004.

SECTION24. All laws and parts oflaws in conflict with this Act are repealed.

Approved April23, 2004.

REVENUEORGANDONATION EXPENSES; INCOME
EXCLUSION.
No. 444 (House Bill No. 1410).
AN ACT
To amend Chapter 7 of Title 48 ofthe Official Code of Georgia Annotated, relating to income taxes, so as to provide for an exclusion from state income taxation with respect to certain organ donation expenses; to provide for conditions and

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liDritations; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 ofTitle 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended in subsection (a) of Code Section 48-7-27, relating to computation of taxable net income of individuals, by striking "and" at the end of paragraph (II), by striking the period at the end of paragraph (12) and inserting in its place "; and", and by adding a new paragraph immediately following paragraph (12) to be designated paragraph (13) to read as follows:
'(13)(A) An amount equal to the actual amount expended for organ donation expenses not to exceed the amount of $10,000.00 incurred in accordance with the 'National Organ Procurement Act.' (B) In order to qualify for the exclusion under subparagraph (A) of this paragraph, such taxpayer must, while living, donate all or part of such person's liver, pancreas, kidney, intestine, lung, or bone marrow. In the taxable year in which the donation is made, the taxpayer shall be entitled to claim the exclusion provided in subparagraph (A) of this paragraph only with respect to unreimbursed travel expenses, lodging expenses, and lost wages incurred as a direct result of the organ donation.n

SECTION2. This Act shall become effective on January I, 2005, and shall be applicable to all taxable years beginning on or after January I, 2005.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved April29, 2004.

ELECTIONSCODE REVISION CORRECTIONS.
No. 446 (House Bill No. 1247).
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

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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: (I) By striking "provided in paragraph (1 )" and inserting in its place "provided in subparagraph (A) of paragraph (1)" in paragraph (2) of subsection (a) of Code Section 21-2-131, relating to the fixing and publishing ofqualification fees, manner of payment, and distribution of fees in regard to the fees paid for party and public offices. (2) By striking "pursuant to Code Section 21-2-417(b)" and inserting in its place "pursuant to subsection (b) of Code Section 21-2-417" in subsection (b) ofCode Section 21-2-225, relating to the confidentiality oforiginal registration applications, limitations on registration data available for public inspection, and data made available by the Secretary of State in regard to the registration ofvoters. (3) By striking "Except that an elector" and inserting in its place "An elector" in subsection (a) of Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities.

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved April29, 2004.

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MIUTARY- DEPUTY ASSISTANT ADJUTANTS GENERAL; APPOINTMENT; NATIONAL GUARD; ARREST
POWERS.

No. 447 (Senate Bill No. 496).

AN ACT

To amend Chapter 2 of Title 38 ofthe Official Code of Georgia Annotated, relating
to military affairs, so as to provide that the adjutant general may appoint officers of
the National Guard as deputy assistant adjutants general; to provide that such deputy assistant adjutants general shall be of field rank or general officer rank; to provide that certain provisions relating to compensation shall not apply when the National Guard is called into active service under certain conditions; to provide that members of the National Guard may have the same powers of arrest as law enforcement officers under certain conditions; 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 ofTitle 38 of the Official Code ofGeorgia Annotated, relating to military affairs, is amended by striking in its entirety Code Section 38-2-152, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and ttnure, and inserting in lieu thereof the following:
'38-2-152. (a) The Governor shall appoint an assistant adjutant general for anny and an assistant adjutant general for air to assist the adjutant general in the discharge and ptrlormance of his or her duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the officer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his or her retirement or resignation and prior to his or her attaining age 60. Each of the assistant adjutants general shall have the rank ofnot less than brigadier general, the specific rank to be determined by the Governor. Each of the officers shall receive the pay and allowances for his or her rank as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the

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adjutant general, and until his or her successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the duties required of the adjutant general in connection with the military division, as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure ofthe Governor. (b) The adjutant general may appoint, designate, or detail officers ofthe National Guard as deputy assistant adjutants general for army and for air who shall perform the military duties assigned by the adjutant general. Deputy assistant adjutants general shall be of field grade or general officer rank, the specific rank to be determined by the adjutant general. Deputy assistant adjutants general shall serve at the pleasure ofthe adjutant general.'
SECTION2. Said chapter is further amended by inserting at the end of Code Section 38-2-250, relating to pay while on active service, special duty, travel expenses, and minimum base pay, a new subsection (e) to read as follows:
'(e) Nothing in this Code section shall be construed as to apply when the National Guard is called into active service pursuant to Title 32 of the United States Code.

SECTION3. Said chapter is further amended by striking in its entirety Code Section 38-2-307, relating to militia members having powers of arrest in emergencies, and inserting in lieu thereofthe following:
'38-2-307. Members of the National Guard may, at the discretion ofthe Governor, have the same powers of arrest and apprehension as do law enforcement officers when called to active duty to respond to emergencies pursuant to Code Section 38-2-6, 38-2-7,45-12-31, or 45-12-34 or pursuant to any other provision of state or federal law other than Title 10 ofthe United States Code.'

SECTION4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
SECTIONS. All laws and parts oflaws in conflict with this Act are repealed.

Approvoo April29, 2004.

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EDUCATION- MINORS MOTOR VEHICLES- FLEXIBILITY
AND ACCOUNTABILITY COMPREHENSIVE REVISION.

No. 449 (House Bill No. 1190).

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to change the provisions relating to school councils and their membership, selection, terms, powers, duties, officers, operations, bylaws, meetings, practices,
and procedures; to change the provisions relating to the powers and duties oflocal
boards of education and local school officials; to change the provisions relating to training programs for school councilmembers; to provide for the revision ofcertain provisions regarding education flexibility and accountability; to allow the State Board of Education to prescribe the manner and grade level for certain required courses in history and government; to authorize alternative methods for certain transfer students; to provide for rules and regulations; to authorize certain exemptions; to change certain provisions regarding early intervention programs; to change certain provisions relating to expenditure controls for the 2004-2005 school
year; to provide for certain reports; to change certain provisions relating to
maximum class size for the 2004-2005 school year; to provide for automatic repeal; to authorize certain instruction for students who fail the criterion referenced reading assessment; to provide for a study of such students; to provide for exemptions to provisions relating to middle schools in certain circumstances; to change certain provisions relating to charter schools; to amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of the employment of minors, so as.to provide for notice to the employers regarding a student"s attendance record; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to revise certain provisions relating to eligibility of minors; to authorize waiver of certain provisions in order to improve student perfurmance in specified circumstances; to provide for contents of the application
tOr waiver; to provide for maximum duration of a waiver; to change certain
provisions regarding effectiveness assessment; to delete a provision prohibiting the identification by name of any student in records stored at the state level; to prohibit identifying students and employees by social security number in violation of law; to provide for written policies oflocal boards regarding unstructured break time for students; to change penalties for failure to comply with compulsory attendance requirements; to provide for written summaries of penalties and consequences of fiilme to comply with compulsory attendance requirements; to provide for student attendance protocols and their contents, purpose, and dissemination; to provide for student attendance protocol committees and their membership and duties; to require school principals to support the authority of teachers to remove certain students from a classroom; to revise the definition of "disciplinary orders" to include those

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from private schools and out-of-state schools; to provide for additional requirements for student codes of conduct; to eliminate the requirement that local boards of education submit a copy of their student codes of conduct to the State Board of Education; to provide that local board policies require local school superintendents to support the authority ofprincipals and teachers to remove certain students from a classroom; to provide that state policy prefers reassignment of disruptive students to alternative educational settings rather than suspension or expulsion; to change certain provisions relating to suspending students for committing acts of physical violence; to revise certain provisions relating to disciplinary hearings by a disciplinary hearing officer, panel, or tribunal; to require that all disciplinary hearings be held within a certain time after the beginning of a student's suspension; to provide for exceptions; to provide for notice to any teacher who is called as a witness for a disciplinary hearing; to provide that certain provisions relating to disciplinary actions shall apply to children in kindergarten through grade five; to provide for changes to the accountability assessment; to amend the Official Code of Georgia Annotated so as to change the name "Office of Education Accountability" to "Office of Student Achievement"; 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 Code Section 20-2-86, relating to operation of school councils, and inserting in lieu thereof the following:
'20-2-86. (a) By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Education Accountability, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October I, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction. Local boards of education may by board policy allow an alternative to a school council at a charter school, an alternative school,

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or a psychoeducation center if another governance body or advisory cmmcil
exists that performs a comparable function.
(b) The local board of education shall provide a training program to assist schools in forming a school council and to assist school councilmembers in the ptrlormance of their duties. Such program shall address the organization of cmmcils, their purpose and responsibilities, applicable laws, rules, regulations
and meeting procedures, and important state and local school system program
requirements and shall provide a model school council organization plan. Additional training programs shall be offered to school councilmembers annually. The State Board of Education shall develop and make available a model school council training program. (c) Membership on the council shall be open to teachers, parents, and business representatives selected from all businesses that are designated school business partners. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote, withdraw such person s membership status, effective as of a date determined by the council. (d) The property and business of the council shall be managed by a minimum of seven school councilmembers ofwhom a majority shall constitute a quorum. The number of councilmembers shall be specified in the council's bylaws. If the number of councilmembers exceeds seven, the number of parent members and teacher members must be equal. Members ofthe school council shall include:
(1) At least two parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students; (2) Two businesspersons; (3) At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school; (4) The school principal; and (5) Other members as specified in the council"s bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Selection procedures for these members and the business members shall be specified in the council's bylaws. An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent.
(e) Members of the council shall serve for a term oftwo years or for such other
term as may be specified in the council's bylaws, except as provided in this
subsection. Upon the expiration of the terms of the councilmembers in office on July 1, 2004, the subsequent terms of the councilmembers shall be staggered. In order to stagger the terms, the initial terms of one-half of the councilmembers

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pursuant to paragraph (I) of subsection (d) of this Code section, one-half of the councilmembers pursuant to paragraph (2) ofsubsection (d) ofthis Code section, one-half of the councilmembers pursuant to paragraph (3) of subsection (d) of this Code section, and one-half of the councilmembers pursuant to paragraph (5) of subsection (d) of this Code section shall have initial terms of one year and the remaining members shall have initial terms of two years. Councilmembers may serve more than one term. The office of school councilmember shall be automatically vacated:
(I) If a member shall resign; (2) Ifthe person holding the office is removed as a member by an action ofthe council pursuant to this Code section; or (3) If a member no longer meets the qualifications specified in this Code section. An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain m1filled. (f) All meetings of the school council shall be open to the public. The council shall meet at least four times annually and the nmnber of meetings shall be specified in the council's bylaws. The com1cil shall also meet at the call of the chairperson, or at the request of a majority ofthe members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council and shall include the date, time, and location of the meeting. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quormn must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees. (g) After providing public notice at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies for the purpose of selecting members of the school council as required by this Code section. The electing body for the parent members shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member ofthe school council. The school council shall specifY in its bylaws the month in which elections are to be held and shall specifY a nomination and election process. (h) The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption ofbylaws or changes thereto requires a two-thirds' affirmative vote. The State Board of Education shall develop and make available model school council bylaws. (i) The school council shall have the same inmlunity as the local board of education in all matters directly related to the fimctions of the council. U)( 1) The officers of the school council shall be a chairperson, vice chairperson, and secretary. Officers of tile council shall be elected by tile council at tile first meeting of the council following tile election of school

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councibnembers. The officers of the council shall hold office for the tenn specified in the coWlcil' s bylaws. (2) The vice chairperson shall, in the absence or disability of the chairperson, perfonn the duties and exercise the powers of the chairperson and shall perfonn such other duties as shall be required by the coWlcil. (3) The secretary shall attend all meetings, act as clerk of the coWlcil, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the coWicil. (k) The members of the school council are accoWltable to the constituents they serve and shall: (1) Maintain a school-wide perspective on issues; (2) Regularly participate in coWicil meetings; (3) Participate in infonnation and training programs; (4) Act as a link between the school coWlcil and the community; (5) Encourage the participation of parents and others within the school community; and (6) Work to improve student achievement and performance. (I) The minutes of the coWicil shall be made available to the public, for inspection at the school office, and shall be provided to the COWlcilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school coWlcils shall be subject to Article 4 of Chapter 18 ofTitle 50, relating to the inspection of public records, in the same manner as local boards of education. (m) At all meetings of the council every question shall be determined by a majority vote ofmembers present, representing a quorum. (n) The tenn of office of all coWicilmembers shall begin and end on the dates specified in the council's bylaws. (o) The COWlcil may appoint committees, study groups, or task forces for such pmposes as it deems helpful and may utilize existing or new school advisory groups.
(p) The local board of education shall provide all infonnation not specifically
made confidential by law, including school site budget and expenditure infonnation and site average class sizes by grade, to the coWicil as requested or as required by state law or state board rule. The local board shall also designate an employee of the school system to attend coWlcil meetings as requested by a school COWlcil for the purpose of responding to questions the COWlcil may have concerning infonnation provided to it by the local board or actions taken by the
local board. The central administration shall be responsive to requests for
information :from a school coWicil.
(q) The local board of education shall receive and consider all recommendations
ofthe school COWlcil, including the annual report, as follows: (1) Public notice shall be given to the community of the local board's intent
to consider school coWicil reports or recommendations;

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(2) Written notice shall be given to the members of the school council at least seven days prior to a local board meeting, along with a notice of intent to consider a council report or recommendation; and (3) The members of the school council shall be afforded an opportunity to present information in support of the school council s report or recommendation. The local board of education shall respond to recommendations of the school council within 60 days after being notified in writing ofthe recommendation. (r) The school principal shall have the following duties pertaining to school council activities: (1) Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifYing all school councilmembers ofthe same; (2) Perform all ofthe duties required by law and the bylaws ofthe council; (3) Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent; (4) Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and (5) Aid in the development of the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers. (s) School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education and local school superintendent on any matter related to student achievement and school improvement, including, but not limited to, the following: (I) School board policies; (2) School improvement plans; (3) Curriculum and assessments; (4) Report cards issued or audits of the school conducted by the Office of Education Accountability; (5) Development of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate; (6) School budget priorities, including school capital improvement plans; (7) School-community communication strategies; (8) Methods of involving parents and the community; (9) Extracurricular activities in the school; (10) School-based and community services; (11) Community use ofschool facilities;

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(12) Student discipline and attendance; (13) Reports from the school principal regarding progress toward the school's student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and (14) The method and specifications for the delivery of early intervention services or other appropriate services for underachieving students. (t) The role of the school council in the principal selection process shall be determined in policy written by the local board of education."

SECTION2.
Said title is further amended in Code Section 20-2-142, relating to prescribed
courses, by striking subsection (a) and inserting in lieu thereof the following: "(a)(1) All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education in its quality core curriculum: (A) A course of study in the background, history, and development of the federal and state governments and a study of Georgia county and municipal governments; and (B) A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study ofAmerican institutions and ideals. (2) No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an online course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government. (3) Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must emoll in and successfully complete both ofthese courses. (4) The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such students and for students whose parent or parents serve in the armed forces ofthe United States."

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SECTION 3. Said title is further amended by striking Code Section 20-2-15 3, relating to early intervention programs, and inserting in its place a new Code Section 20-2-153 to read as follows:
'20-2-153. (a) The State Board of Education shall create and each local board of education shall provide an early intervention program to serve students in kindergarten through grade five. The kindergarten early intervention program shall serve students enrolled in kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The upper elementary grades early intervention program shall serve students in grades four through five. (b) The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Sections 20-2-151 and 20-2-281 and students with identified academic performance below grade levels defined by tl1e Office of Student Achievement in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not lintited to the student's scores on previous assessments, the student's classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after ilie student is identified as at risk or after the results of the first-grade readiness assessment, the criterion-referenced assessment, or other indicators are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the student' s academic performance and the role of the early intervention program. (c) The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be ilie responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not lintited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel. (d) The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis.

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(e) Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to II students. (f) Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-I60.'

SECTION4. Said title is further amended by striking Code Section 20-2-I67.1, relating to the application of Code Section 20-2-167 for the 2003-2004 school year, and inserting in Jieu thereofthe following:
'20-2-167 .I. (a) For the purposes of the 2003-2004 and 2004-2005 school years 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-I6I, 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 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 IOO percent of the funds designated tor media center costs for such costs at the system level, and 100 percent ofthe funds designated for media materials at the system level; (4) During the 2003-2004 school year, funds allocated for staff development may be spent for any program approved under the 'Quality Basic Education Act.' During the 2004-2005 school year, each school system shall spend 90 percent of funds allocated for professional development for such costs at the system level; and (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 ofits report in October for the FTE com1t 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 and 2004-2005 school years. (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.

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(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 two fiscal years beginning July 1, 2003, and ending June 30, 2005. (e) This Code section shall be automatically repealed July 1, 2005.'

SECTIONS. Said title is further amended in Code Section 20-2-182, relating to program weights, maximum class sizes, reporting requirements, and the 2003-2004 school year, by striking subsections (i) and (k) and inserting in lieu thereof the following:
"(i) The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of tlris article and the nriddle 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 . ofthe 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 tlris subsection except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 2004-2005 school years 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) oftlris Code section for the 2003-2004 and 2004-2005 school years only. The maximwn class size for the kindergarten and primary grades programs is defined as the nwnber of students in a physical classroom. Maximwn class sizes that result in a fractional full-time equivalent shall be rounded up to the nearest whole nwnber as needed. The nriddle school program shall use the teacher-student ratio of the nriddle grades program for the purpose of tlris subsection. The nwnber of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximwn such nwnber unless authorization for a specific larger nwnber is requested ofthe state board, along with the educational justification for granting the requested

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exemption, and the state board has approved said request. The state board shall not reduce class sizes without the authorization of the General Assembly if this rrouction 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
o f roucation." (k) For the 2003-2004 and 2004-2005 school years, 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 and 2004-2005 school years, 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 and 2004-2005 school years, compliance with maximum class size requirements shall be detemrined 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 two fiscal years beginning July 1, 2003, and ending June 30, 2005. This subsection shall be automatically repealed July 1, 2005 ."

SECTION6. Said title is further amended by inserting the following:
"20-2-244. (a) The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local school board and in accordance with this Code section. The goal for each waiver shall be improvement of student performance. (b) The State Board of Education is not authorized to waive any federal, state,
and local rules, regulations, court orders, and statutes relating to civil rights;
insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; or any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A school or school system that has received a waiver
. shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this
title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request. (c) The provisions ofthis Code section shall not apply to charter schools. (d) The board shall require a written application for a waiver that shall include, as a minimum:

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(I) Identification of the specific state rules, regulations, policies, and procedures, or provisions ofthis chapter that are requested for waiver; (2) A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions; (3) A description of how the proposed waiver will improve student performance; (4) A description ofthe students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits; (5) A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits ofthe students of each such school; (6) Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver; (7) The period of time for which the proposed waiver is requested and the proposed starting date; and (8) A resolution from the local school board approving the waiver request. (e) The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request. (f) A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect ofthe waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board ofEducation shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers:
SECTION7. Said title is further amended by striking subsections (e) through (o) ofCode Section 20-2-281, relating to effectiveness assessment, and inserting in lieu thereof the following:
(e) The State Board of Education is authorized to adopt rules, regulations, policies, and procedures regarding accommodations and the participation of limited-English-proficient students, as defined in Code Section 20-2-156, in the assessments described in this Code section. (f) The State Board of Education shall adopt end-of-course assessments for students in grades nine through 12 for all core subjects to be determined by the state board. For those students with an Individualized Education Program, the student's Individualized Education Program team shall determine appropriate participation in assessments and identify necessary accommodations in accordance with the federal Individuals with Disabilities Education Act. (g) 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

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administeroo under subsection (a) of this Code section and each end-of-course assessment administeroo under subsection (e) of this Code section after the last time the instrument is administeroo for a school year.
(b) The State Board of Education, through the Department of Education, shall
administer the end-of-course assessments for core subject areas as definoo by state board policy. The state board shall promulgate a schooule for the development and administration of all end-of-course tests by December I, 2000. (i) The Department of Education shall develop study guides for the criterion-referencoo tests and end-of-course assessments administeroo pursuant to subsections (a) and (f) of this Code section. Each school system shall distribute the study guides to students who do not perform satisfactorily on one or more parts of an assessment instrument administeroo under this Code section and to the parents or guardians of such students.
(j)(l) The high school graduation test providoo for in subsection (a) of this Code section shall continue in effect until all high school core subject end-of-course assessments have been developoo and implemented, at which time the state board shall discontinue the test according to a schooule to be determinoo by the state board. (2) The State Board of Education shall adopt rules and regulations requiring the results of core subject end-of-course assessments to be includoo as a factor in a student" s final grade in the core subject course for which the end-of-course assessment is given. (k)( 1) In addition to the assessment instruments adoptoo by the State Board of Education and administeroo by the Department of Education, a local school system may adopt and administer criterion-referencoo or norm-referencoo assessment instruments, or both, at any grade level. Such locally adoptoo assessment instruments may not replace the state s adoptoo assessment instnunents for purposes of state accountability programs, except as otherwise providoo in paragraph (2) of this subsection. A local school system shall be responsible for all costs and expenses incurroo for locally adopted assessment instruments. Students with Individualized Education Programs must be included in the locally adopted assessments or provided an alternate assessment in accordance with the federal Individuals with Disabilities Education Act. (2) The State Board of Education shall have the authority to grant waivers
tmtil Fiscal Year 2003 to local boards of education exempting said boards from the administration of the state criterion-referenced competency tests at any or all ofthe subject areas and grade levels for which the local board of education
implements a locally developed criterion-referenced competency test or tests based on the Quality Core Curriculum which increases the expectations for student achievement beyond that of the applicable state criterion-referenced competency test or tests and meets all other requirements of this Code section, including reliability and validity requirements, with the exception ofsubsection (g) of this Code section. Local boards of education with such waivers shall

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submit to the State Board of Education school and local school system score reports ofthe locally developed criterion-referenced competency tests. (1) In adopting academic skills assessment instruments under this Code section, the State Board of Education or local school system shall ensure the security of the instruments in their preparation, administration, and scoring. Notwithstanding any other provision of law, meetings or portions of meetings held by the state board or a local board of education at which individual assessment instruments or assessment instrument items are discussed or adopted shall not be open to the public, and the assessment instruments or assessment instrument items shall be confidential. (m) The results of individual student performance on academic skills assessment instruments administered under this Code section shall be confidential and may be released only in accordance with the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. Section 1232g. (n) Overall student performance data shall be disaggregated by ethnicity, sex, socioeconomic status, disability, language proficiency, grade level, subject area, school, system, and other categories determined by policies established by the Office of Student Achievement. (o) Student performance data shall be made available to the public, with appropriate interpretations, by the State Board ofEducation, the Office of Student Achievement, and local school system. The information made available to the public shall not contain the names of individual students or teachers. (p) Teachers in grades one through 12 shall be offered the opportunity to participate annually in a staff development program on the use of tests within the instructional program designed to improve students academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identii)r student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education."
SECTION7A. Said title is further amended by inserting a new Code Section 20-2-285.1 to read as follows:
"20-2-285.1. (a) This Code section will apply to students tested with the third grade criterion-referenced reading assessment in the 2003-2004 school year only. (b) All provisions of Code Sections 20-2-283, 20-2-284, and 20-2-285 shall apply. Local school systems are authorized to place students that fail the third grade criterion-referenced reading assessment in a transition class; provide extended third grade EIP for such students, or to use both a transition class and extended third grade EIP fur such students, in addition to other methods of instruction. In addition, the State Board of Education shall contract with one or more faculty members or associates of the Georgia State University Andrew Young School of Public Policy or other independent experts having similar qualifications for the performance of a study of all third grade students who fail the first criterion-referenced reading assessment in the 2003-2004 school year.

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Such study shall compile data for each such student, including but not limited to: identification of the student's school and school system; information regarding the type, frequency, and provider of the accelerated, differentiated, or additional instfUction provided to the student, disaggregated by the time period before and the time period after the second assessment; information regarding the funding source for such instruction and an explanation if such instruction is not received by the student; information regarding the assessment instrument used to retest the
studmt. the date ofthe second assessment, and the student's performance on such
second assessment; information as to whether the student was promoted or retained; information regarding the student's performance on the criterion-referenced reading assessment in the 2004-2005 school year, and infOrmation relating to the student relative to the categories for disaggregation authorized or adopted in accordance with this chapter. The department shall supply aggregate data to the Governor and members of the Senate Education Committee and House Committee on Education on the number of students who &iled the first assessment within 30 days after the department receives the test scor~ and aggregate data on the number of students failing the second ass~sment 45 days thereafter. The completed study and any part of the study provided to any person not employed by the Department of Education or a local school system shall not reveal the identity of any student. The persons conducting the study shall regard all data identifYing individual students as confidential and
sball guard the privacy of all students. No person shall reveal information
relating to an individual student that identifies such student to anyone except employees of the department or the local school system attended by the student, the student, or the student's parent or guardian. The study shall be provided to the Governor and the members of the Senate Education Committee and House Committee on Education as soon as feasible, and the compilation of data on the students' performance on the reading assessment in the 2004-2005 school year may be provided separately. The completed study shall be subject to the provisions of Article 4 of Chapter 18 of Title 50 relating to the inspecting of public records."

SECTION7B. Said title is further amended in Code Section 20-2-290, relating to organization of schools, by striking subsections (b), (c), and (d) and inserting in lieu thereof the mUowing:
'(b) Except as otherwise provided in subsection (c) of this Code section, local boards of education shall schedule each middle school so as to provide the fbUowing:
(I) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Education Accountability, the minimum of five hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as

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required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the student's team of academic teachers; provided that, in making such a determination the team shall consider the student's performance on the criterion-referenced assessments authorized in Code Section 20-2-181; (2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes ifthe parent or guardian of such a student requests such assignment, subject to availability; and (3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes. (c) Local schools may apply to the state board for an exception to the schedule set out in subsection (b) of this Code section in order to schedule a minimum of 4.5 hours of academic instruction. Ifthe local school has achieved an acceptable rating for the preceding year, the state board shall grant the application for an exception. (d) Local school systems shall comply with subsection (b) or subsection (c) of this Code section in order to qualify for the middle school program. (e) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the full-time equivalent count for the middle school program in qualified middle schools."

SECTIONS. Said title is further amended by striking subsections (a) and (c) of Code Section 20-2-320, relating to the state-wide comprehensive educational information network, and inserting in lieu thereof the following:
(a) The Governor shall appoint a steering committee, which shall be named the Education Information Steering Committee, composed of representatives from the Department of Education, the Department ofTechnical and Adult Education, the Board of Regents of the University System of Georgia, the office of the Governor, the Office of Planning and Budget, the Department of Audits and Accounts, the Georgia Technology Authority, the Office of School Readiness, the Professional Standards Commission, the Office of Student Achievement, the State Data and Research Center at the Georgia Institute of Technology, the Georgia Public Telecommunications Commission, the Legislative Budget Office, and local school systems. The steering committ.ee shall identify the data required to implement the Quality Basic Education Program on a fiscally sound basis and the data required to evaluate the effectiveness of the components of public education in Georgia. The steering connnittee shall identify data that shall be required from local units of administration, public libraries, public colleges and universities through the Board of Regents of the University System of Georgia, pre-kindergarten programs, the Professional Standards Commission, and

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postsecondary technical colleges and schools for the implementation of this article. Further, the steering committee shall develop a design for a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of this system. The state--wide comprehensive educational information system shall not use a student's social security number or an employee s social security number in violation of state or federal law to identity a student or employee. The steering committee shall present such recommendations to the Education Coordinating Council. Upon approval of the boards of the respective education agencies, the steering committee shall issue appropriate requests for proposals to implement a state--wide comprehensive educational information system, subject to appropriation by the General Assembly. The State Data and Research Center, at the direction of the Education Coordinating Council and working through the steering committee, shall initiate contracts with appropriate vendors and local units of administration for the procurement ofservices, purchase ofhardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly. (c) For the purpose of this article, authorized educational agencies shall be the Department of Education; the Office of School Readiness; the Board of Regents of the University System of Georgia; the Department of Technical and Adult Education; the Education Coordinating Council; the Professional Standards Commission; the State Data and Research Center and units under contract to the State Data and Research Center; the Office of Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Legislative Budget Office; the House Research Office; and the Senate Research Office. Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected
by other means shall also be accessible by authorized educational agencies and
provided, further, that adequate security provisions are employed to protect the privacy of individuals. All data maintained for this system shall be used for educational purposes only. In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee. Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under 'applicable state and federal law. Any information collected over the state-wide ClOmprehensive educational information system which is not stored in an

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individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations, Education, and Higher Education committees, except information otherwise prohibited by statute. Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees ofthe General Assembly, and agencies other than authorized educational agencies."

SECTION9. Said title is further amended by inserting a new Code section to be designated Code Section 20-2-323 to read as fullows:
"20-2-323. By January 1, 2005, each local board of education shall establish written policies allowing or prohibiting unstructured break time for students in kindergarten and grades one through eight. If the policies allow one or more breaks, the policies shall include but shall not be limited to the following matters:
(1) The school personnel who will be authorized to decide the length, frequency, timing, and location ofbreaks; (2) Whether breaks can be withheld from students for disciplinary or academic reasons and, ifbreaks can be withheld, under what conditions; (3) How to ensure break time is a safe experience for students, including the responsibility for supervision of students; and (4) How to ensure that break time is scheduled so as to provide a support for academic learning. Local boards shall provide a copy of such policies to the State Board of Education."

SECTION 10. Said title is further amended by striking subsection (b) of Code Section 20-2-690.1, relating to mandatory education for children, and inserting in lieu thereof the following:
"(b) Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who shall violate this Code section shall be guilty of a misdemeanor and, upon conviction thereo( shall be subject to a fine not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school systero shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested. Public schools shall provide to the parent, guardian, or other person having control or charge of each child enrolled in public school a

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written swmnary of possible consequences and penalties for failing to comply with compulsory attendance under this Code section for children and their parents, guardians, or other persons having control or charge of children. The parent, guardian, or other person who has control or charge of a child or children shall sign a statement indicating receipt of such written statement of possible consequences and penalties; children who are age ten years or older by September I shall sign a statement indicating receipt of such written statement of possible consequences and penalties. After two reasonable attempts by the school to secure such signature or signatures, the school shall be considered to be in compliance with this subsection if it sends a copy of the statement, via certified mail, return receipt requested, to such parent, guardian, other person who has control or charge of a child, or children. Public schools shall retain signed copies of statements through the end ofthe school year.

SECTION 11. Said tide is further amended by inserting a new Code section to be designated Code Section 20-2-690.2 to read as follows:
'20-2-690.2. (a) The chiefjudge of the superior court of each county shall establish a student attendance protocol committee for its county. The purpose ofthe committee shall be to ensure coordination and cooperation among officials, agencies, and programs involved in compulsory attendance issues, to reduce the number of wexcused absences from school, and to increase the percentage of students present to take tests which are required to be administered under the laws of this state. The chief judge is responsible for ensuring that all members of the committee are notified of their responsibility to the committee and shall call the first meeting of the committee in each county. The committee shall elect a chairperson and may elect other officers.
(b) Each local board of education shall participate in, consider, and make
publicly available, including but not limited to posting in a conspicuous location, its decision regarding the recommendations of the committ.ee as provided in this Code section. Independent school systems may participate in the committee in the county where the system is located. Independent school systems whose geographic area encompasses more than one county may select one of such counties in which to participate. An independent school system that elects not to participate in the committee of the county where it is located shall request that the chiefjudge of the superior court of a county encompassed by its geographic 'area to establish an independent student attendance protocol committee in the same manner as established for the county school system. (c) Each of the following agencies, officials, or programs shall designate a representative to serve on the committee:
(I) The chiefjudge ofthe superior court; (2) The juvenile court judge or judges ofthe county; (3) The district attorney for the county; (4) The solicitor-general of state court, ifthe county has a state court;

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(5) The Department of Juvenile Justice, which may include representatives from area youth detention centers or regional youth detention centers; (6) The superintendent, a certificated school employee, and a local school board member from each public school system in the county and a certificated school social worker from each public school system, if any are employed by the school system; (7) The sheriff ofthe county; (8) The chief of police ofthe county police department; (9) The chief of police of each municipal police department in the county; (10) The county department of family and children services; (11) The county board ofhealth; ( 12) The county mental health organization; (13) The county Family Connection commission, board, or authority, or other county agency, board, authority, or commission having the duty and authority to study problems of families, children, and youth and provide services to families, children, and youth; and ( 14) The court approved community based risk reduction program established by the juvenile court in accordance with Code Section 15-11-10, if such a program has been established. (d) The committee thus established may appoint such additional members as necessary and proper to accomplish the purposes ofthe committee. (e) Each committee shall, by June 1, 2005, adopt a written student attendance protocol for its county school system and for each independent school system within its geographic boundaries which shall be filed with the Department of Education. The protocol shall outline in detail the procedures to be used in identifYing, reporting, investigating, and prosecuting cases of alleged violations of Code Section 20-2-690.1, relating to mandatory school attendance. The protocol shall outline in detail methods for determining the causes of failing to comply with compulsory attendance and appropriately addressing the issue with children and their parents or guardians. The protocol shall also include recommendations for policies relating to tardiness. The Department ofEducation shall provide model school attendance protocols, if requested by the committee. (f) A copy of the protocol shall be furnished to each agency, official, or program within the county that has any responsibility in assisting children and their parents or guardians in complying with Code Section 20-2-690.1. (g) The committee shall write the summary of possible consequences and penalties for failing to comply with compulsory attendance under Code Section 20-2-690.1 for children and their parents, guardians, or other persons who have control or charge of children for distribution by schools in accordance with Code Section 20-2-690.1. The smmnary of possible consequences for children shall include possible dispositions for unruly children and possible denial or suspension of a driver s license for a child in accordance with Code Section 40-5-22. (h) The committee shall continue in existence after writing the student attendance protocol. The chief judge of the superior court of each county shall

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ensure that the committee meets at least quarterly during the first year, and twice
annuallY thereafter, to evaluate compliance with the protocol, effectiveness of the
protocol, and appropriate modifications. (i) Each local board of education shall report student attendance rates to the committee and the State Board of Education at the end of each school year, according to a schedule established by the State Board of Education."

SECTION llA. Said title is further amended in Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers and attendance reports and records kept by public schools, by inserting a new subsection (a. I) to read as follows:
'(ai) Any student shall have the right to request and receive, within three business days from the date of such request, a letter from his or her school administrator indicating that the student is enrolled full-time and has an attendance record in good standing for the current academic year."

SECTION llB. Said chapter is further amended by striking Code Section 20-2-70 I, relating to local school superintendents or visiting teachers and attendance officers reporting truants to juvenile or other courts, and inserting in lieu thereofthe following:
'20-2-701. (a) Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court. having jurisdiction under Chapter II of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter II of Title 15, school shall be provided fur such child. (b) Local school superintendents or visiting teachers and attendance officers shall use their best efforts to notifY any child 14 years of age or older who has only three absences remaining prior to violating the attendance requirements contained in subsection (a. I) of Code Section 40-5-22. Such notification shall be made via first-class mail. (c) Local school superintendents or visiting teachers and attendance officers shall report to the State Board of Education, which shall, in turn, report to the Department of Motor Vehicle Safety any child 14 years of age or older who does "DOt meet the attendance requirements contained in subsection (a. I) of Code Section 40-5-22. Such report shall include the child's name, current address, and social security number, ifknown. (d) Subsections (b) and (c) of this Code section shall not be effective until full implementation ofthe state-wide education information system."

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SECTION llC. Said chapter is further amended by striking Code Section 20-2-720, relating to inspection of students records by parents, and inserting in lieu thereof the following:
"20-2-720. No local school system, whether county, independent, or area, shall have a policy of denying, or which effectively prevents, the parents of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records oftheir child. A parent shall be entitled to inspect and review only information relating to his or her own child and if any material or document in a child's record includes infOrmation on another student, such information regarding any other student shall not be made available for inspection or review except to the parents of that student. Both parents of a child shall be entitled to inspa.'t and review the education records of their child or to be provided information concerning their child's progress. Information concerning a child's education record shall not be withheld :from the noncustodial parent unless a court order has specifically removed the right of the noncustodial parent to such information or unless parental rights have been terminated. For purposes of this Code section, 'education records' shall include attendance reports and records."

SECTION 12. Said title is further amended by striking subsection (b) of Code Section 20-2-738, relating to authority of teacher over classroom, procedures following removal of student :from classroom, and placement review committees, and inserting in lieu thereof the following:
"(b) A teacher shall have the authority to remove from his or her class a student who repeatedly or substantially interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn, where the student's behavior is in violation of the student code of conduct, provided that the teacher has previously filed a report pursuant to Code Section 20-2-737 or determines that such behavior of the student poses an immediate threat to the safety of the student's classmates or the teacher. Each school principal shall fully support the authority of every teacher in his or her school to remove a student from the classroom under this Code section. Each school principal shall implement the policies and procedures ofthe superintendent and local board of education relating to the authority of every teacher to remove a student :from the classroom and shall disseminate such policies and procedures to faculty, staff, and parents or guardians of students. The teacher shall file with the principal or the principal's designee a report describing the student's behavior, in one page or less, by the end of the school day on which such removal occurs or at the beginning of the next school day. The principal or the principal's designee shall, within one school day after the student's removal from class, send to the student's parents or guardians written notification that the student was removed from class, a copy of tl1e report filed

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by the teacher, and information regarding how the student's parents or guardians may contact the principal or the principal's designee.

SECTION 13. Said title is further amended by striking Code Section 20-2-751.2, relating to studrots subject to disciplinary orders of other school systems, and inserting in lieu
tbeofthe following: '20-2-751.2. (a) As used in this Code section, the term 'disciplinary order' means any order of a local school system in this state, a private school in this state, or a public school outside of this state which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system or school. (b) A local board of education which has a student who attempts to enroll or who is rorolled in any school in its school system during the time in which that student is subject to a disciplinary order is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school system's or school's disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school system or school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system or school may request of another school system or school whether any disciplinary order has been imposed by the other school system or school upon a student who is seeking to enroll or is enrolled in the requesting system or school. If such an order has been imposed and is still in effect for such student, the requested school system or private school in this state
shall so inform the requesting system or school and shall provide a certified copy
ofthe order to the requesting system or school. (d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-28 or 15-11-80 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-63, such administrator shall so inform all teachers to whom the student is assigned and other school personnel to whom the student is assigned. Such teachers and other certificated professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section tbat has been received from other schools or from the juvenile courts or superior . courts. Such information shall be kept confidential:

SECTION 14. Said title is further amended by striking Code Section 20-2-751.5, relating to student codes ofconduct, and inserting in lieu thereofthe following: . '20-2-751.5.
(a) Each student code of conduct shall contain provisions that address the fullowing conduct of students during school hours, at school related fimctions, and on the school bus, in a manner that is appropriate to the age ofthe student:

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( 1) Verbal assault, including threatened violence, of teachers, administrators, and other school personnel; (2) Physical assault or battery of teachers, administrators, and other school personnel; (3) Disrespectful conduct toward teachers, administrators, and other school personnel, including use ofvulgar or profane language; (4) Verbal assault of other students, including threatened violence or sexual harassment as defined pursuant to Title IX of the Education Amendments of 1972; (5) Physical assault or battery of other students, including sexual harassment as defined pursuant to Title IX ofthe Education Amendments of 1972; (6) Disrespectful conduct toward other students, including use of vulgar or profane language; (7) Verbal assault o( physical assault or battery o:t: and disrespectful conduct, including use of vulgar or profane language, toward persons attending school related fimctions; (8) Failure to comply with compulsory attendance as required under Code Section 20-2-690.1; (9) Willful or malicious damage to real or personal property of the school or to personal property of any person legitimately at the school; (10) Inciting, advising, or counseling of others to engage in prohibited acts; (11) Marking, defacing, or destroying school property; (12) Possession of a weapon, as provided for in Code Section 16-11-127.1; (13) Unlawful use or possession of illegal drugs or alcohol; (14) Willful and persistent violation ofthe student code of conduct; (15) Bullying as defined by Code Section 20-2-751.4; and (16) Marking, defacing, or destroying the property of another student With regard to paragraphs (9) and (II) of this subsection, each student code of conduct shall also contain provisions that address conduct of students during off-school hours. (b)( I) In addition to the requirements contained in subsection (a) ofthis Code section, each student code of conduct shall include comprehensive and specific
provisions prescribing and governing student conduct and safety rules on all
public school buses. The specific provisions shall include but not be limited to:
(A) Students shall be prohibited from acts of physical violence as defined by Code Section 20-2-751.6, bullying as defined by subsection (a) of Code Section 20-2-751.4, physical assault or battery ofother persons on the school bus, verbal assault of other persons on the school bus, disrespectful conduct toward the school bus driver or other persons on the school bus, and other unruly behavior; (B) Students shall be prohibited from using any electronic devices during the operation of a school bus, including but not limited to cell phones; pagers; audible radios, tape or compact disc players without headphones; or any other electronic device in a manner that might interfere with the school

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bus connmmications equipment or the school bus driver s operation of the school bus; and (C) Students shall be prohibited from using mirrors, lasers, flash cameras, or any other lights or reflective devises in a manner that might interfere with the school bus driver s operation ofthe school bus. (2) If a student is found to have engaged in physical acts of violence as defined by Code Section 20-2-751.6, the student shall be subject to the penalties set forth in such Code section. If a student is found to have engaged in bullying as defined by subsection (a) of Code Section 20-2-751.4 or in physical assault or battery of another person on the school bus, the local school board policy shall require a meeting of the parent or guardian of the student and appropriate school district officials to form a school bus behavior contract for the student. Such contract shall provide for progressive age-appropriate discipline, penalties, and restrictions for student misconduct on the bus. Contract provisions may include but shall not be not limited to assigned seating, ongoing parental involvement, and suspension from riding the bus. This subsection is not to be construed to limit the instances when a school code of conduct or local board of education may require use of a student bus behavior contract. (c) Each student code of conduct shall also contain provisions that address any off-campus behavior of a student which could result in the student being criminally charged with a felony and which makes the student's continued presence at school a potential danger to persons or property at the school or which disrupts the educational process. (d) Local board policies relating to student codes of conduct shall provide that
each local school superintendent shall fully support the authority of principals
and teachers in the school system to remove a student from the classroom
pmsuant to Code Section 20-2-738, including establishing and disseminating procedures. It is the policy of this state that it is preferable to reassign disruptive
students to alternative educational settings rather than to suspend or expel such students from school. (e) Any student handbook which is prepared by a local board or school shall include a copy or summary of the student code of conduct for that school or be accompanied by a copy of the student code of conduct for that school. If a student handbook contains a sununary ofthe student code ofconduct, then a full copy of the student code of conduct shall be made available for review at the school. When distributing a student code of conduct, a local school shall include
a furm on which the student's parent or guardian may acknowledge his or her
receipt ofthe code, and the local school shall request that the form be signed and returned to the school.'

SECTION 15.
Said title is further amended by striking Code Section 20-2-751.6, relating to
IIUSpension policy for students committing acts of physical violence resulting in
injmyto teachers, and inserting in lieu thereofthe following:

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'20-2-751.6. (a) As used in this Code section, the tenn 'physical violence' means:
( 1) Intentionally making physical contact of an insulting or provoking nature with the person of another; or (2) Intentionally making physical contact which causes physical harm to another unless such physical contacts or physical harms were in defense of himself or herself, as provided in Code Section 16-3-21. (b) Local board of education policies and student codes of conduct shall provide for the penalties to be assessed against a student found by a disciplinary hearing officer, panel, or tribunal pursuant to Code Section 20-2-752 to have committed any act of physical violence against a teacher, school bus driver, or other school official or employee. Such disciplinary hearing officer, panel, or tribunal shall hold any disciplinary hearing in accordance with the provisions of Code Se<-1ion 20-2-754. Any student alleged to have committed an act of physical violence shall be suspended pending the hearing by the disciplinary hearing officer, panel, or tribunal. The decision of the disciplinary hearing officer, panel, or tribunal may be appealed to the local school board pursuant to Code Section 20-2-754. If appropriate under paragraph (1) of subsection (c) of this Code section, the decision of the disciplinary hearing officer, panel, or tribunal shall include a recommendation as to whether a student may return to public school and, if return is recommended, a recommended time fur the student's return to public school. The local school board may impose penalties not recommended by the disciplinary hearing officer, panel, or tribunal. (c)( 1) A student found by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section against a teacher, school bus driver, school official, or school employee shall be expelled from the public school system. The expulsion shall be for the remainder of the student's eligibility to attend public school pursuant to Code Section 20-2-150. The local school board at its discretion may permit the student to attend an alternative education program for the period of the student's expulsion. If the student who commits an act of physical violence is in kindergarten through grade eight, then the local school board at its discretion and on the recommendation of the disciplinary hearing officer, panel, or tribunal may permit such a student to reenroll in the regular public school program for grades nine through 12. If the local school board does not operate an alternative education program for students in kindergarten through grade six, the local school board at its discretion may permit a student in kindergarten through grade six who has committed an act of physical violence as defined in paragraph (2) of subsection (a) of this Code section to reenroll in the public school system; (2) Any student who is found by a disciplinary hearing officer, panel, or tribunal to have committed an act ofphysical violence against a teacher, school bus driver, school official, or school employee as defined in paragraph (2) of subsection (a) of this Code section shall be referred to juvenile court with a request for a petition alleging delinquent behavior; and

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(3) Any student who is foWid by a disciplinary hearing officer, panel, or tribunal to have committed an act of physical violence as defined in paragraph (1) of subsection (a) oftbis Code section against a teacher, school bus driver, school official, or school employee may be disciplined by expulsion, long-term suspension, or short-term suspension. (d) The provisions of this Code section shall apply with respect to any local school system which receives state funding pursuant to Code Sections 20-2-161 and 20-2-260. (e) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of
1990.'
SECTION 16. Said title is further amended by striking Code Section 20-2-753, relating to disciplinary hearings held by a disciplinary hearing officer, panel, or tribWial, and instrting in lieu thereofthe following:
'20-2-753 . .(a) In addition to any proceedings which are authorized in Code Section 20-2-752, local boards of education shall appoint a disciplinary hearing officer, panel, or tribWial of school officials to hold a disciplinary hearing following any instance of an alleged violation ofthe student code ofconduct where the principal reconnnends a suspension or expulsion of longer than ten school days or an alleged assault or battery by a student upon any teacher or other school official or tmployee, if such teacher or other school official or employee so requests. (b) Nothing in this Code section shall be construed to infringe on any right provided to students with Individualized Education Programs pursuant to the federal Individuals with Disabilities Education Act, Section 504 of the federal Rehabilitation Act of 1973, or the federal Americans with Disabilities Act of 1990.'

SECTION 17. Said title is further amended by striking subsections (b) and (c) of Code Section 20-2-754, relating to procedures to be followed by disciplinary hearing officers, panels, or tribWials, and inserting in lieu thereofthe following:
'(b) A disciplinary officer, panel, or tribWial of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that:
(1) All parties are afforded an opportWiity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain

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statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal coWlSel; (2) The hearing is held no later than ten school days after the beginning ofthe suspension unless the school system and parents or guardians mutually agree to an extension; (3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; (4) Any teacher who is called as a witness by the school system shall be given notice no later than three days prior to the hearing; and (5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. (c) If appointed to review an instance pursuant to Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal."

SECTION 18. Said title is further amended by striking Code Section 20-2-7 59, relating to children in kindergarten through grade five, and inserting in lieu thereofthe following:
"20-2-759. Reserved."

SECTION 19. Said title is further amended by striking Code Section 20-2-2061, relating to legislative intent regarding charter schools, and inserting in its place a new Code Section 20-2-2061 to read as follows:
"20-2-2061. It is the intent of the General Assembly to provide a means whereby a petitioner may seek a performance based contract called a charter, which ties improved performance to the waiver of specifically identified state and local rules, regulations, policies, procedures, and identified provisions of this title other than the provisions of this article. In addition to specifically identified provisions of this title, a charter school shall be exempt from provisions listed in Code Section 20-2-2063.1."

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SECTION 19A.
Said title is further amended by inserting a new Code Section 20-2-2063.1 to read
as follows:
'20-2-2063 .1. In addition to specifically identified state and local rules, regulations, policies, procedures, and provisions of Title 20, each charter school shall be exempt from Articles 1, 2, 3, 4A, 5, 7, 8, 9, 10, 11, 14, 20, and 22 of Chapter 2 of Title 20 unless otherwise specified in the charter petition. Each charter school shall also be exempt from those state and local rules, regulations, policies, and procedures that do not relate to the operation of a local school:

SECTION 19B. Said title is further amended by striking subsections (a) and (b) of Code Section 20-2-2064, relating to approval or denial of a charter petition, and inserting in lieu thereof the following:
'(a) A charter petitioner seeking to create a conversion charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension; provided, however, that a denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial; and provided, further, that the local board shall not act upon a petition for a conversion charter school until such petition:
(1) Has been freely agreed to, by secret ballot, by a majority of the faculty and instructional staff members of the petitioning local school at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval; and (2) Has been freely agreed to, by secret ballot, by a majority of parents or guardians of students enrolled in the petitioning local school present at a public meeting called with two weeks advance notice for the purpose of deciding whether to submit the petition to the local board for its approval. (b) A charter petitioner seeking to create a start-up charter school must submit a petition to the local board of the local school system in which the proposed charter school will be located. The local board must by a majority vote approve or deny a petition no later than 60 days after its submission unless the petitioner requests an extension. A denial of a petition by a local board shall not preclude the submission to the local board of a revised petition that addresses deficiencies cited in the denial."

SECTION 19C. Sind title is further amended by inserting a new Code Section 20-2-2068.2 to read as follows:

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'20-2-2068.2. (a) From moneys specifically appropriated for such purpose, the state board shall create a facilities fimd for local charter schools and state chartered special schools for the purpose of establishing a per pupil, need based facilities aid program. (b) A charter school may receive moneys from the facilities fimd if the charter school has received final approval from the local board or from the state board for operation during that fiscal year. (c) A charter school's governing body may use moneys from the facilities fimd for the following purposes:
(I) Purchase ofreal property; (2) Construction of school facilities; (3) Purchase, lease-purchase, or lease of permanent or relocatable school facilities; (4) Purchase of vehicles to transport students to and from the charter school; and (5) Renovation, repair, and maintenance of school facilities that the charter school owns or is purchasing through a lease-purchase or long-term lease of five years or longer. (d) The Department of Education shall specifY procedures for submitting and approving requests for fimding under this Code section and for documenting expenditures. (e) Local boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the district ifthe local board owns the charter school facility. (t)(l) Prior to releasing moneys from the facilities fund, the Department of Education shall ensure that the governing board of the local charter school and the local board shall enter into a written agreement that includes a provision for the reversion of any unencumbered funds and all equipment and property purchased with public education fimds to the ownership of the local board in the event the local charter school terminates operations. (2) Prior to releasing moneys from the facilities fimd, the Department of Education shall ensure that the governing board of the state chartered special school and the state board shall enter into a written agreement that includes a provision for the reversion of any unencumbered fimds and all equipment and property purchased with public education fimds to the ownership of the state board in the event the state chartered special school terminates operations. (g) The reversion of property in accordance with subsection (f) of this Code section is su~ject to the complete satisfaction of all lawful lien..<; or encumbrances. (h) Each local board of education that has designated any facility or property as surplus, intended for disposal, or otherwise unused shall make such facility or property available for lease or purchase by a local charter school on the same basis as it makes such facility or property available to other public schools under the control and management of the local board of education. A conversion charter school may not be charged a rental or leasing fee for the existing facility or for property normally used by the public school which became the conversion

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charter school. A local charter school that receives property from a local board may not sell or dispose of such property without the written permission of the
local board."
SECTION20. Said title is further amended by striking subsection (a) of Code Section 20-14-26, relating to powers and duties of the Office of Education Accountability, and inserting in lieu thereof the following:
"(a) The office shall have the following duties: (1) To create, with the approval of the State Board of Education, a performance-based accountability system, establish indicators of performance, rate schools and school systems, develop annual report cards for elementary, middle, and secondary schools, and formulate a system of school rewards and interventions. The State Board of Education shall approve no later than December 31, 2004, a single state-wide accountability system for local schools and school systems that incorporates federal law, rules, and regulations relating to accountability; (2) To audit and inspect or cause to be audited or inspected for the purpose of verification, research, analysis, reporting, or for other purposes related to the performance of its powers and duties as provided in this article and for the purposes of auditing pre-kindergarten, elementary, middle grades, and secondary education, postsecondary education, and education work force programs and schools, local school systems, institutes, colleges, universities, regional educational service agencies, and other public education programs and entities as defined by the council; (3) To assist the council in the development of a state-wide education student information system; (4) To serve as staffto the council; and (5) To exercise the powers and discharge duties of the council, as set forth in Code Section 20-14-8, under the supervision and oversight of the council."

SECTION21. Said title is further amended by striking Part 3 of Article 2 of Chapter 14, relating to accountability assessment, and inserting in its place the following:

"Part 3
. 20-14-30. The office shall create and implement a state-wide kindergarten through grade 12 8CCOWltability assessment program that is performance based to ensure school ICCoWltability fur the goals of improved student achievement and improved school completion.

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20-14-31. Except as otherwise provided in this article, the office shall establish the levels of performance on each assessment instnunent administered under Code Section 20-2-281 by establishing the standard that should be achieved by students in each subject area at each grade level. Data and information regarding the establishment of the standard shall be included in the annual report provided for in paragraph (2) ofsubsection (a) of Code Section 20-14-27.

20-14-32. The office s state education accountability analysis and reporting program shall obtain nationally comparative results and benchmarks for the subject areas and grade levels for which criterion-referenced and nationally normed reference assessment instnunents are adopted, compare Georgia results to such results, and include the findings in the report required of the office in paragraph (2) of subsection (a) of Code Section20-14-27.

20-14-33. (a) The office shall adopt and biennially review, and revise as necessary, indicators ofthe quality of learning by students in an individual school. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to ethnicity, sex, disability, language proficiency, and socioeconomic status and must include:
( 1) The results of assessment instnunents required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instnunent until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instnunents under Code Section20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instnunent in core subjects; (9) The results ofthe Scholastic Assessment Test or the ACT Assessment; (10) The percentage ofstudents taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office adopts.

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(c) performance on the indicator shall be compared to state standards, progress on improved student achievement, and comparable performance. The standards fur comparison shall be established by the office as provided in Code Section 20-14-31 Data and information regarding the standard shall be included in the
annual report provided for in paragraph (2) of subsection (a) of Code Section
20-14-27. (d) The office shall establish individual school ratings for each school in this state for annual academic performance on the assessment instruments required under Code Section 20-2-281. (e) Each school system shall provide all student performance data and all other student school completion and attendance data to the Department of Education s educational information system in accordance with rules and timelines established by the State Board of Education. (f) The office shall develop and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Educations educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (g) The office shall develop and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for pwposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (h) The office shall annually review the performance of each school on the indicators in subsection (b) of this Code section and determine whether a change
mthe school rating status ofthe school is warranted.

20-14-34. (a) Each school year, the office shall prepare and distribute to each school system a report card for each school in the State of Georgia. The school report eards must be based on the most current data available disaggregated by student groups. School performance must be compared to:
(1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; (3) Comparable school group performance; and (4) Any other indicators adopted by the State Board ofEducation.

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This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of fimding, awards, and interventions. (b) The report card shall include the following information, where applicable:
(1) The individual school ratings as provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators in subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student perfonnance and school completion results of each school in the state and a rating for each school as provided for in subsection (d) ofCode Section 20-14-33. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school report card to any other party. These reports shall be posted on the Department of Education website and the existing website ofsuch local school system.

20-14-35. (a) The office may:
(1) Conduct on-site audits of any school at any time, subject to the approval ofthe director; (2) Raise or lower any perfunnance rating as a result of the audit; and (3) Review school fimd accounting information and records to determine effective and efficient expenditure ofstate fimds as allocated. (b) The director shall determine the frequency of on-site audits by the office according to annual comprehensive analyses of student performance and equity in relation to the academic excellence indicators and fimd accounting assessments as adopted under subsection (b) ofCode Section 20-14-34. (c) In making an on-site school performance audit, the auditor shall obtain information from administrators, teachers, and parents of students enrolled in the local school system. The audit may not be closed until information is obtained from each of those sources. The office shall adopt rules regarding obtaining information from parents and using that information in the auditor s report and obtaining information from teachers in a manner that prevents a school or school system from screening the information. (d) The auditors shall report to the local board of education, the local school council, and appropriate school administrators and shall report findings and recommendations concerning any necessary improvements or intervention

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strategies. School audit reports shall be provided to the cmmcil and the State Board of Education. (e) 1be director may authorize other school audits to be conducted under the following circumstances:
(1) When excessive numbers of absences of students eligible to be tested on state assessment instruments are determined; or (2) When a school or school system has not provided student performance information to the Department of Education s educational information system as required under subsection (b) ofCode Section 20-2-167.

20-14-36. lbe office shall recommend, and the State Board of Education shall adopt,
written procedures for conducting on-site audits under this part. The office shall
make the procedures available to the schools, school councils, local boards of
education, and the public. Office staff shall be trained in audit procedures and
shall follow such procedures in conducting the audit.

20-14-37. 1be Office of Student Achievement shall develop and the State Board of Education shall approve a Georgia schools awards system to recognize those schools and school systems that demonstrate progress or success in achieving the education goals of the state and achieving excellence on the school rating system
as provided for in Code Section 20-14-3 3.

20-14-38. (a) Financial awards will be provided to the schools that the director determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system. (b) Financial awards will be provided to each school that is identified by the director for performance on either or both excellence in student achievement and progress on student achievement. The certificated personnel in a school that is identified by the director as either a best performing school or better performing school in either or both categories will be provided a bonus for the year the school was identified of$1,000.00 for each best performing school designation and $500.00 for each better performing school designation. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as 'otherwise may be provided. An additional financial award will be provided to each school for noncertificated personnel in the amount of$10,000.00 for each designation of best performing school and $5,000.00 for each designation of
bet:tt2' performing school, provided that the total lump sum noncertificated
personnel award for an individual school shall not exceed $20,000.00; provided, further, that fimds for this purpose are appropriated by the General Assembly or

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as otherwise may be provided. The school recetvmg this noncertificated personnel award shall determine the distribution of the award among such personnel of its school. (c) The Governor may present proclamations or certificates to schools and school systetnS determined to have met or exceeded the state's education goals under Code Section 20-14-30.

20-14-39. The financial award systetn may be fi.mded by donations, grants, or appropriation by the General Assetnbly or as otherwise provided. The State Board of Education may solicit and receive grants and donations for the purpose ofmaking awards under this part. Award fi.mds may be used by the State Board of Education to pay for the costs associated with sponsoring a ceretnony to recognize or present awards to schools or school systetns under this part. The donations, grants, or appropriations by the General Assetnbly shall be accounted for and distributed by the State Board of Education. The awards are subject to audit requiretnents established by the State Board of Education.

20-14-40. All identifiable individual student performance data and information and reports received by the office, the Department of Education, and the State Board of Education under this part from schools or school systetnS shall be deetned confidential and may not be disclosed.

20-14-41. (a) The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained systetn of assistance and support for schools not meeting identified levels of achievetnent or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies, rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student performance for the absolute student achievetnent standard or on progress on improved student achievetnent. In specifying levels of assistance and intervention, the State Board of Education shall consider the number of years a school has received an unacceptable rating and may include one or more of the following interventions:
(I) Issuing public notice ofthe deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvetnents in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievetnent improvetnent plan that addresses each academic excellence indicator for which the school's

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performance is wtacceptable, the submission of the plan to the State Board of Education fur approval, and implementation ofthe plan; (4) Appointing a Department of Education school improvement team to:
(A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school cowtcil, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (C) Assist in the development of an intensive school improvement plan fucused on student achievement required by paragraph (3) ofthis subsection;
and (D) Monitor the progress ofthe school in implementing the intensive school improvement plan focused on student achievement; (5) If a school has received an wtacceptable rating for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school wttil school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or (6) If a school has received an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall, subject to the provisions ofsubsection (t) of this Code section, implement one or more ofthe fullowing interventions or sanctions: (A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose ptrlormance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years;

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(D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student with transportation costs borne by the system; (E) Mandate a monitor, master, or management team in the school that shall be paid by the district; (F) Continue the intensive student achievement improvement plan provided for in paragraph (3) of this subsection; or (G) Mandate a complete restructuring of the school's governance arrangement and internal organization ofthe school. (b) If a school has received an unacceptable rating for a period of two consecutive years or more, the following interventions shall be imposed, subject to the provisions of subsection (f) of this Code section, in accordance with rules and regulations established by the State Board of Education and in addition to any other interventions imposed by the State Board of Education pursuant to subsection (a) ofthis Code section: ( 1) Mandated public school choice; (2) Specified maximum class sizes; and (3) Site based expenditure controls. At its discretion, the State Board of Education shall also be authorized to impose additional restrictions or mandates on schools subject to this subsection, as deemed appropriate by the State Board of Education and in accordance with its rules and regulations. (c) The State Board of Education shall clearly define the powers and duties of a master or management team appointed to oversee the operations of a school. (d) A school improvement team appointed under this Code section may consist of currently employed or retired teachers, principals, other educational professionals, Department of Education school improvement employees, or local school superintendents recognized for excellence in their roles and appointed by the State Board of Education to serve as members of a team. (e) The State Board of Education shall ammally report by October 31 of each year the status of the interventions imposed on low-performing schools to the office with recommendations regarding ending, extending, or upgrading the interventions on those schools. The director shall review and respond to the report. (f) Before the implementation of any interventions for a school that has received an unacceptable rating for two years or three years, the local board of education for such school shall have an opportunity to examine the data which form the basis for the intervention or interventions and to provide any correction, explanation, or supplement to such data. The department shall determine whether to accept or reject any revision in the data proposed by the local board. The department shall subsequently intervene or not in accordance with the department's det.ermination ofthe data. (g) A local board of education may request an opportunity for a hearing before the state board to show cause why an intervention or interventions should not be required. An intervention shall not be stayed pending the hearing or the

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determination ofthe state board. The determination of the state board shall be the
final decision."
SECTION 21A. C}Japter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of employment of minors, is amended in Code Section 39-2-11, relating to required employment certificates and the requirements for issuance, by adding a new subsection (e) to read as follows:
(e)(l) The certificate provided for in subsection (a) of this Code section shall be accompanied by a letter from the minor" s school administrator indicating
that the minor is enrolled in school full-time and has an attendance record in good standing for the current academic year. The employer of a minor shall maintain a copy of such certificate and letter in the minor s employment file.
Such letter shall be updated in January of each subsequent academic year during which the minor maintains his or her employment until such minor reaches the age of 18 years or receives a high school diploma, a general educational development (GED) diploma, a special education diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school. Any employer failing to comply with this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00, up to twelve months imprisonment, or both, for each violation. (2) The State Board of Education shall promulgate rules and regulations to provide for the issuance of a waiver or exemption from the provisions of this subsection to a minor, upon such minor s petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement ofthe provisions of this subsection would act as a detriment to the health or welfare ofthe minor.'

SECTION 21B. Chapter 5 ofTitle 40 ofthe Official Code of Georgia Annotated, relating to drivers ticalses for motor vehicles, is amended in Code Section 40-5-22, relating to persons DOt to be licensed, minimum ages for licensees, school attendance requirements, aod driving training requirements, by striking subsection (a.1) and inserting in lieu lbereofthe following:
'(a.I)(l) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver s license the applicant presents acceptable proof that he or she has received a high school diploma, a general educational development (GED) diploma, a special diploma, or a certificate of high school completion, or has terminated his or her secondary education and is enrolled in a postsecondary school or the records ofthe department indicate that said applicant:

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(A) Is enrolled in and not under suspension from a public or private school and has satisfied relevant attendance requirements as set forth in paragraph (2) of this subsection for a period of one academic year prior to application for an instruction pennit or driver s license; or (B) Is enrolled in a home education program that satisfies the requirements of all state laws governing such courses. The department shall notifY such minor of his or her ineligibility for an instruction permit or driver s license at the time of such application. (2) The department shall forthwith notifY by certified mail or statutory overnight delivery, return receipt requested, any minor issued an instruction permit or driver s license in accordance with this subsection other than a minor who has tenninated his or her secondary education and is enrolled in a postsecondary school that such minor's instruction permit or driver s license is suspended subject to review as provided for in this subsection if the department receives notice pursuant to Code Section 20-2-701 that indicates that such minor: (A) Has dropped out of school without graduating and has remained out of school for ten consecutive school days; (B) Has more than ten school days of unexcused absences in any semester or combination oftwo consecutive quarters; or (C) Has been suspended from school for:
(i) Threatening, striking, or causing bodily harm to a teacher or other school personnel; (ii) Possession or sale of drugs or alcohol on school property; (iii) Possession or use of a weapon on school property. For purposes of this subparagraph, the term "weapon" shall be defined in accordance with Code Section 16-11-127.I but shall not include any part of an archeological or cultural exhibit brought to school in connection with a school prqject; (iv) Any sexual offense prohibited under Chapter 6 of Title 16; or (v) Causing substantial physical or visible bodily harm to or seriously disfiguring another person, including another student. Notice given by certified mail or statutory overnight delivery with return receipt requested mailed to the person s last known address shall be prima-facie evidence that such person received the required notice. Such notice shall include instructions to the minor to return immediately the instruction permit or driver s license to the department and information summarizing the minor's right to request an exemption from the provisions of tlris subsection. The minor so notified may request in writing a hearing within ten business days from the date of receipt of notice. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as provided for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After such hearing, the department shall sustain its order of suspension or rescind such order. The department shall be authorized to grant an exemption from the provisions of this subsection to a minor, upon such

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JDinor' s petition, if there is clear and convincing evidence that the enforcement of the provisions of this subsection upon such minor would create an undue hardship upon the minor or the minor's family or if there is clear and convincing evidence that the enforcement of the provisions of this subsection would act as a detriment to the health or welfare of the minor. Appeal from such hearing shall be in accordance with said chapter. If no hearing is requested within the ten business days specified above, the right to a hearing shall have been waived and the instruction permit or driver's license of the JDinor shall remain suspended. The suspension provided for in this paragraph shall be for a period of one year or shall end upon the date of such minor s eighteenth birthday, whichever comes first. (3) The State Board of Education and the commissioner of motor vehicle
safety are authorized to promulgate rules and regulations to implement the
provisions ofthis subsection."
SECTION22.
1be Official Code of Georgia Annotated is amended by striking from the following Code sections the name "Office of Education Accountability" wherever the same
sball occur and inserting in lieu thereof the name "Office of Student Achievement":
(1) Code Section 20-2-15 4.I, relating to alternative education programs; (2) Code Section 20-2-212.3, relating to increasing teachers' salaries in areas of shortage and criteria for determining shortage; (3) Code Section 20-2-283, relating to criteria and specific requirements for the development of a placement and promotion policy; (4) Code Section 20-2-286, relating to Georgia Closing the Achievement Gap Commission; (5) Code Section 20-14-6, relating to selection of personnel to support the Education Coordinating Council; (6) Code Section 20-14-8, relating to general powers and duties of the Education Coordinating Council; (7) Code Section 20-14-20, relating to definitions regarding education accountability assessment programs; (8) Code Section 20-14-25, relating to the creation of the Office of Education Accountability; (9) Code Section 47-3-127.1, relating to employment of retired teacher as full-time teacher; and (10) Code Section 50-18-72, relating to when public disclosure ofgovernment records is not required.

SECTION23.
'Ibis Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.

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SECTION24. Alliaws and parts oflaws in conflict with this Act are repealed.

Approved May 4, 2004.

REVENUE- SETOFF DEBT COLLECTION; PROBATION FEES;
RESTITUTION ORDERS.
No. 450 (House Bill No. 677).
AN ACT
To amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection through state income tax refunds, so as to provide for setoff of a state income tax refund due an individual against debt to, the Department of Corrections for probation fees or debt to another for restitution ordered by a court as part of the sentence after conviction of a crime 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. Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection through state income tax refunds, is amended by striking paragraphs (1) and (2) of Code Section 48-7 -I6I, relating to definitions, and inserting in lieu thereof the following:
"(I) 'Claimant agency' means and includes, in the order of priority set forth below:
(A) The Department ofHuman Resources with respect to collection ofdebts under Chapter 9 ofTitle 37, Article I of Chapter II of Title I9, and Code Section 49-4-I5; (B) The Georgia Student Finance Authority with respect to the collection of debts arising under Part 3 of Article 7 of Chapter 3 of Title 20; (C) The Georgia Higher Education Assistance Corporation with respect to the collection of debts arising under Part 2 of Article 7 of Chapter 3 of Title 20; (D) The State Medical Education Board with respect to the collection of debts arising w1der Part 6 ofArticle 7 of Chapter 3 of Title 20; (E) The Department of Labor with respect to the collection of debts arising w1der Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-I58 through 34-8-I6I;

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provided, however, that the Department of Labor establishes that the debtor bas been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; and (F) The Department of Corrections with respect to probation fees arising under Code Section 42-8-34 and restitution or reparation ordered by a court as a part of the sentence imposed on a person convicted of a crime and placed on probation by the court if such person has absconded or ended probation in warrant status. (2) 'Debt' means any liquidated sum due and owing any claimant agency, which sum has accrued through contract, subrogation, tort, or operation of law regardless of whether there is an outstanding judgment for the sum, any sum which is due and owing any person and is enforceable by the Department of Human Resources pursuant to subsection (b) of Code Section 19-11-8, or any
sum ofrestitution or reparation due pursuant to a sentence imposed on a person
convicted of a crime and sentenced to restitution or reparation and probation:

SECTION2.
Said article is further amended in Code Section 48-7-163, relating to collection of debts through setof( by striking subsection (a) and inserting in lieu thereof the
i>Dowing: (a) A claimant agency may submit any debts in excess of $25.00 owed in
accordance with Code Section 48-7-161 to the department for collection through
setoff under the procedure established by this article, except in cases where the
validity of the debt is legitimately in dispute, an alternate means of collection is pending and believed to be adequate, or such collection would result in a loss of
federal funds or federal assistance.

SECTION3. AD laws and parts oflaws in conflict with this Act are repealed.
Approved May 5, 2004.

COMMERCE AND TRADE -CREDIT CARD ISSUERS; CONSUMER ADDRESS
VERIFICATION.
No. 451 (House Bill No. 656).
AN ACT
lt Te.amend Code Section 10-1-393 of the Official Code of Georgia Annotated,
~ to unfair or deceptive practices in consumer transactions, so as to require

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that credit card issuers take steps to verifY a consumer s change of address when a person responds by mail to an unsolicited application for credit and provides an address that is different from the address to which such solicitation was mailed; to provide an exception; 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 I 0-1-3 93 ofthe Official Code ofGeorgia Annotated, relating to unfair or deceptive practices in consumer transactions, is amended by adding a new paragraph (29.1) to read as follows:
'(29.1) With respectto any credit card issuer: (A) A credit card issuer who mails an unsolicited offer or solicitation to apply for a credit card and who receives by mail a completed application in response to the solicitation which lists an address that is not substantially the same as the address on the solicitation may not issue a credit card based on that application until steps have been taken to verifY the applicant" s valid address to the same extent required by regulations prescribed pursuant to , subsection (l) of 31 U.S.C. Section 5318. Any person who violates thi& paragraph commits an unlawful practice within the meaning ofthis Act. (B) Notwithstanding subparagraph (A) of this paragraph, a credit card issuer, upon receiving an application, may issue a credit card to a consumer or commercial customer with whom it already has a business relationship provided the address to which the card is mailed is a valid address based upon information in the records ofthe credit card issuer or its affiliates;'.

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

MENTAL HEALTH- COMMUNITY SERVICE BOARDS;
EMPLOYMENT PROHIBITIONS.
No. 452 (House Bill No. 1568).
AN ACT
To amend Code Section 37-2-6.1 of the Official Code of Georgia Annotated. relating to program director, stat( budget, facilities, powers and duties, and exemption from taxation of community service boards, so as to provide that no

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coDJillunity service board shall employ any person who is receiving a retirement benefit from the Employees Retirement System of Georgia except in compliance
with the provisions of Code Section 47-2-1 10; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 37-2-6.1 of the Official Code of Georgia Annotated, relating to program director, staff, budget, facilities, powers and duties, and exemption from
taXation of community service boards, is amended by inserting at the end thereof the following:
(k) No community service board shall employ or retain in employment, either directly or indirectly through contract, any person who is receiving a retirement benefit from the Employees Retirement System of Georgia except in accordance with the provisions of subsection (c) of Code Section 47-2-110; provided, however, that any such person who is employed as of July I, 2004, may continue to be employed."
SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

PROPERTY- DISPOSSESSION; TENANT'S PROPERTY; ABANDONED STATUS.
No. 454 (House Bill No. 762).
AN ACT
To amend Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to landlord and tenant, so as to change certain provisions relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds paid into court; to provide for removal of a tenant or the tenant's personal property 1lllda' certain circumstances; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
<:bapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to
liibdlord and tenant, is amended in Code Section 44-7-55, relating to judgment, writ of possession, landlord's liability for wrongful conduct, and distribution of funds

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paid into court, by inserting at the end thereof a new subsection (c) to read as follows:
'(c) Any writ of possession issued pursuant to this article shall authorize the removal of the tenant or his or her personal property or both :from the premises and permit the placement of such personal property on some portion of the landlord's property or on other property as may be designated by the landlord and as may be approved by the executing officer; provided, however, that the landlord shall not be a bailee of such personal property and shall owe no duty to the tenant regarding such personal property. After execution of the writ, such property shall be regarded as abandoned:

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

LABOR- SUBSEQUENT INJURY TRUST FUND; INJURY REIMBURSEMENT.
No. 455 (House Bill No. 1579).
AN ACT
To amend Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, so as to provide that the Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for an injury occurring after June 30, 2008, for which a claim is made after June 30, 2008; to provide that the fund shall continue to reimburse self-insured employers and insurers for claims made prior to June 30, 2008; to provide for dissolution of the fund; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Article 9 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Subsequent Injury Trust Fund, is amended by inserting at the end thereof a new Code section to read as follows:
'34-9-368. (a) The Subsequent Injury Trust Fund shall not reimburse a self-insured employer or an insurer for a subsequent injury for which a claim is made for an injury occurring after June 30, 2008. The Subsequent Injury Trust Fund shall

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continue to reimburse self-insured employers or insurers for claims for injuries occurring on and prior to June 30, 2008, which qualifY for reimbursement. (b) Self-insured employers and insurers shall continue to pay assessments pursuant to Code Section 34-9-358 to the extent necessary to fund claims for
injuries occurring on and prior to June 30, 2008.
(c) The Subsequent Injury Trust Fund is directed to complete an actuarial study
not later than January 1, 2005.
(d) Upon or in contemplation of the final payment of all claims filed for
subsequent injuries for which claims are filed for injuries occurring on and prior to June 30, 2008, the board of trustees shall adopt and implement resolutions providing for the final dissolution of the Subsequent Injury Trust Fund. Such resolutions shall become effective when all claims made for injuries occurring on
and prior to June 30, 2008, have been fully paid or otherwise resolved and shall
include provisions for: (I) The termination ofassessments against insurers or self-insurers; (2) The pro rata refund of assessments previously collected and unexpended; (3) The termination of employment of the employees of the fund or the transfer of employment of any employees to any other state agency desiring to accept them; (4) A final accounting ofthe financial affairs of the fund; and (5) The transfer of the books, records, and property of the fund to the custody ofthe State Board ofWorkers Compensation.
Upon the completion of all matters provided for in such resolutions, but not later than December 31, 2020, the Subsequent Injury Trust Fwid and the members of its board of trustees shall be discharged from their duties except for such pusonnel necessary to administer any remaining claims."

SECTION2. This Act shall become effective on July I, 2004.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE- SYMPHONY HALLS; SALES TAX EXEMPTION.

No. 456 (House Bill No. 1511).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property used in direct connection with the construction of certain symphony halls; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking "or" at the end of paragraph (76), by striking the period at the end of paragraph (77) and inserting in its place"; or", and by adding a new paragraph immediately following paragraph (77) to be designated paragraph (78) to read as follows:
'(78)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until September I, 2009, sales of tangible personal property used in direct connection with the construction of a new symphony hall facility owned or operated by an organization which is exempt from taxation under Section 50l(c)(3) ofthe Internal Revenue Code if the aggregate construction cost of such facility is $200 million or more. (B) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letttr issued by the commissioner certifying that the purchaser is entitled to purchase the tangible personal property without paying the tax.'
SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

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PENAL INSTITUTIONS -EARNED TIME ALWWANCES.

No. 457 (House Bill No. 239).

AN ACT

To amend Code Section 42-4-7 ofthe Official Code of Georgia Annotated, relating to mmate records and earned time allowances in county correctional facilities, so
as to change provisions relating to earned time allowances; to increase the
maximum amount of earned time which may be awarded when an inmate does
work on an authorized work detail; to provide exceptions; to provide for related
matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 42-4-7 of the Official Code of Georgia Annotated, relating to inmate records and earned time allowances in county correctional facilities, is amended by slriking subsection (b) and inserting in its place a new subsection to read as follows:
"(b)(1) The sheriff, chief jailer, warden, or other officer designated by the county as custodian of inmates confined as county inmates for probation violations offelony offenses or as provided in subsection (a) of Code Section 17-10-3 may award earned time allowances to such inmates based on institutional behavior. Earned time allowances shall not be awarded which exceed one-half of the period of confinement imposed, except that the sheriff or other custodian may authorize the award of not more than four days credit for each day on which an inmate does work on an authorized work detail; provided, however, that such increased credit for performance on a work detail shall not apply to an inmate who is incarcerated for:
(A) A second or substx~.uent offense of driving under the influence under Code Section 40-6-391 within a five-year period of time, as measured from the date of any previous arrest for which a conviction was obtained or a plea of nolo contendere was accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted; (B) A misdemeanor of a high and aggravated nature; or (C) A crime committed against a family member as defined in Code Section 19-13-1. (2) While an inmate sentenced to confinement as a county inmate is in custody as a county inmate, the custodian of such inmate may award an earned time allowance consistent with this subsection and subsection (b) of Code Section 17-10-4 based on the institutional behavior of such inmate while in custody as a county inmate.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

STATE GOVERNMENT- FUNK HERITAGE/BENNETT CENTER; OFFICIAL
INTERPRETIVE CENTER; DESIGNATE.
No. 458 (House Bill No. 865).
AN ACT
To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Ftmk Heritage/Bennett Center at Reinhardt College as Georgia s official Frontier and Southeastern Indian Interpretive Center; to repeal conflicting laws; and for other purposes.
WHEREAS, the Ftmk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is a musewn 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
WHEREAS, the center offers educational programs, performances, and
demonstrations that encourage the study of Native American history and culture and
enhance public awareness and understanding of the valuable contributions of our native people; and
WHEREAS, the Ftmk 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.

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NOW, THEREFORE, 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 state symbols, is amended by adding at the end thereof a new Code section 50-3-79 to read as follows:
'50-3-79. The Funk Heritage/Bennett Center at Reinhardt College in Waleska, Georgia, is designated as Georgia's official Frontier and Southeastern Indian Interpretive Center.'
SECTION2.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

SOCIAL SERVICES- FOSTER PARENTS BILL OF RIGHTS.
No. 459 (House Bill No. 1580).
AN ACT
To amend Chapter 5 of Title 49 ofthe Official Code of Georgia Annotated, relating
to programs and protection for children and youth, so as to enact the "Foster Parents Bill of Rights"; to provide for a short title; to set out a list of rights for foster parmts; to provide that such rights be taken into consideration in policies of the Division of Family and Children Services of the Department ofHwnan Resources; to provide for the establishment of grievance procedures for violation of the bill of rights; to provide for related matters; to repeal conflicting laws; and for other JUposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding a new article to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"ARTICLE 14

49-5-280. This article shall be known and may be cited as the 'Foster Parents Bill of Rights.'

49-5-281. (a) The General Assembly finds that foster parents who are vohmteers providing care for children who are in the custody of the Department of Human Resources play an integral, indispensable, and vital role in the state's effort to care for dependent children displaced from their homes. The General Assembly further finds that it is in the best interest of Georgia's child welfare system to acknowledge foster parents as active and participating members of this system and to support them through the following bill ofrights:
(I) The right to be treated by the Division of Family and Children Services of the Department of Human Resources and other partners in the care of abused children with dignity, respect, and trust as a primary provider of foster care and a member ofthe professional team caring for foster children; (2) The right not to be discriminated against on the basis of religion, race, color, creed, gender, marital status, national origin, age, or physical handicap; (3) The right to continue with his or her own family values and beliefs, so long as the values and beliefs of the foster child and the birth family are not infringed upon and consideration is given to the special needs of children who have experienced trauma and separation from their families. This shall include the right to exercise parental authority within the limits ofpolicies, procedures, and other directions of the Division of Family and Children Services and within the limits of the laws ofthe State of Georgia; (4) The right to receive both standardized pre-service training, including training in Division of Family and Children Services policies and procedures and appropriate ongoing training, by the Division of Family and Children Services or the placing agency at appropriate intervals to meet mutually assessed needs of the child and to improve foster parents' skills and to apprise foster parents of any changes in policies and procedures of the Division of Family and Children Services and any changes in applicable law; (5) The right to be apprised of information, laws, and guidelines on the obligations, responsibilities, and opportunities of foster parenting and to be kept informed of any changes in laws, policies, and procedures regarding foster parenting by the Division of Family and Children Services in a timely manner and at least annually; (6) The right to receive timely financial reimbursement according to the agreement between the foster parents and the Department of Human Resources from fimds appropriated by the General Assembly and to be notified of anY costs or expenses for which the foster parent may be eligible for reimbursement;

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(7) The right to receive information from the Division of Family and Children Services on how to receive services and reach personnel 24 hours per day, seven days per week; (8) The right prior to the placement of a child to be notified of any issues relative to the child that may jeopardize the health and safety of the foster family or the child or alter the manner in which foster care should be administered; (9) The right to discuss information regarding the child prior to placement. The Division of Family and Children Services will provide such information as it becomes available as allowable under state and federal laws; (I O) The right to refuse placement of a child in the foster home or to request, upon reasonable notice, the removal of a child from the foster home without fear of reprisal or any adverse affect on being assigned any future foster or adoptive placements; (II) The right to receive any infonnation through the Division of Family and Children Services regarding the number of times a foster child has been moved and the reasons therefor; and to receive the names and phone numbers of the previous foster parents if the previous foster parents have authorized such release and as allowable under state and federal law; (I2) The right, at any time during which a child is placed with the foster parent, to receive from the Division of Family and Children Services any and all additional pertinent information relevant to the care ofthe child; ( I3) The right to be provided with a written copy of the individual treatment and service plan concerning the child in the foster parenf s home and to discuss such plan with the case manager, as well as reasonable notification of any changes to that plan; (14) The right to participate in the planning of visitation with the child and the child's biological family with the foster parents recognizing that visitation with his or her biological family is in1portant to the child; (15) The right to participate in the case planning and decision-making process with the Division of Family and Children Services regarding the child as provided in Code Section 15-11-58; ( I6) The right to provide input concerning the plan of services for the child and to have that input considered by the department; (17) The right to communicate for the purpose of participating in the case of the foster child with other professionals who work with such child within the context of the professional team, including, but not limited to, therapists, physicians, and teachers, as allowable under state and federal law; (18) The right to be notified in advance, in writing, by the Division of Family and Children Services or the court of any hearing or review where the case
plan or permanency ofthe child is an issue, including periodic reviews held by
the court or by the Judicial Citizen Review Panel, hearings following revocation of the license of an agency which has permanent custody of a child, permanency hearings, and motions to extend custody, in accordance with Code Section 15-11-58;

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(19) The right to be considered, where appropriate, as a preferential placement option when a child who was formerly placed with the foster parents has reentered the foster care system; (20) The right to be considered, where appropriate, as the first choice as a permanent parent or parents for a child who, after 12 months of placement in the foster home, is released for adoption or permanent foster care; (21) The right to be provided a fair and timely investigation of complaints concerning the operation ofa foster home; (22) The right to an explanation of a corrective action plan or policy violation relating to foster parents; and (23) The right, to the extent allowed Wlder state and federal law, to have an advocate present at all portions of investigations of abuse and neglect at which an accused foster parent is present. Child abuse and neglect investigations shall be investigated pursuant to Division of Family and Children Services policies and procedures, and any removal of a foster child shall be conducted pursuant to those policies and procedures. The Division of Family and Children Services will permit volWlteers with the Adoptive and Foster Parent Association of Georgia to be educated concerning the procedures relevant to investigations of alleged abuse and neglect and the rights of accused foster parents. After such training, a volWlteer will be permitted to serve as an advocate for an accused foster parent. All communication received by the advocate in this capacity shall be strictly confidential. (b) This bill of rights shall be given full consideration when Division of Family and Children Services policies regarding foster care and adoptive placement are developed. (c) Foster parents shall have the right to file a grievance in response to any violation of this article, which shall be such foster parents exclusive remedy for any violation of this article. The Division of Family and Children Services and the Office of the Child Advocate for the Protection of Children, along with an advisory committee comprised in part of representatives from the Adoptive and Foster Parent Association of Georgia, will develop a grievance procedure, including a mediation procedure, to be published in departmental policy manuals and the Foster Parent Handbook within one year of the effective date of the article.'

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

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GUARDIAN AND WARD- COURTS- CRIMES- EMINENT DOMAIN- EVIDENCE- HANDICAPPED PERSONS HEALTH- HIGHWAYS- STATE GOVERNMENTWILLS -COMPlETE REWRITE OF GUARDIAN AND WARD CODE TITLE.

No. 460 (House Bill No. 229).

AN ACT

To amrod Title 29 of the Official Code of Georgia Annotated, relating to guardian
and ward, so as to rewrite said title; to provide fur definitions; to provide fur the appointment, powers, duties, termination, resignation, removal, bond, annual
n:tumS and status reports, compensation, modification, and all matters relative to
guardians ofminors, temporary guardians, standby guardians, permanent guardians,
substitute guardians, successor guardians, emergency guardians, and foreign
guardians; to provide for the rights of minors and alleged incapacitated adults; to
provide for the appointment, powers, duties, termination, resignation, removal, bolld, annual returns and status reports, compensation, modification, and all matters relative to conservators of minors, conservators of adults, temporary conservators,
substitute conservators, successor conservators, emergency conservators, and b'eign conservators; to provide for transfer of guardianships and conservatorships
to a fureign jurisdiction; to provide for appeals; to designate the probate court judge as custodian of certain funds; to provide for all matters relative to appointing
guardians for persons who receive benefits from the United States Department of
Vderans Affairs; to provide for all matters relative to appointing county guardians; to provide for guardians ad litem; to provide for forms of services of process and pleadings; to provide for issuance of citations and the content requirements; to provide for evaluation and legal fees; to provide for confidentiality of records; to
provide for specific elements to be included in an evaluation of a proposed ward; to amend Titles 15, 16, 22, 24, 30, 31, 32, and 53 of the Official Code of Georgia Annotated, relating to courts; crimes and offenses; eminent domain; evidence; handicapped persons; health; highways, bridges, and ferries; and wills, respectively, so as to change cross-references; to amend Code Section 50-18-72 ofthe Official Code ofGeorgia Annotated, relating to when public disclosure shall not be required UDder Article 4 of Chapter 18 of Title 50, so as to provide that disclosure is not
required fur certain records maintained in the probate court; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking said title and inserting in lieu thereofthe following:

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"TITLE 29 CHAPTER 1

29-1-1. Except as otherwise provided, as used in this title, the tenn:
(1) 'Adult' means an individual who is either 18 years of age or older or an emancipated minor. (2) 'Conservator' includes a guardian of the property appointed prior to July 1, 2005, but shall not include a conservator of the estate of an individual who is missing or believed to be dead, as defined in Article 2 of Chapter 9 ofTitle 53 or a foreign conservator as defined in Part 4 of Article 10 of Chapter 3 and Part. 4 ofArticle 13 of Chapter 5 ofthis title. (3) 'County guardian' means an individual described in Chapter 8 of this title. (4) 'Court' means the probate court. (5) 'Emergency conservator' means an individual appointed pursuant to the provisions ofCode Section 29-5-15. (6) 'Emergency guardian' means an individual appointed pursuant to the provisions of Code Section 29-4-14. (7) 'Guardian' means an individual appointed pursuant to the provisions ofthis title and includes a guardian of the person appointed prior to July I, 2005, but shall not include a guardian ad litem. (8) 'Guardian ad litem' means an individual appointed pursuant to the provisions of Code Section 29-9-2. (9) 'Interested person' means any person who has an interest in the welfare of a minor, ward, or proposed ward, or in the management of that individual's assets and may include a governmental agency paying or planning to pay benefits to that individual. (I 0) 'licensed clinical social worker' means a social worker who is licensed in accordance with the provisions of Chapter lOA of Title 43. (II) 'Minor' means an individual who is under 18 years of age and who is not emancipated. (12) 'Natural guardian' means an individual defined by the provisions of Code Section 29-2-3. (13) 'Parent' means a biological or adoptive father or mother whose parental rights have not been surrendered or terminated and, in the case of a child born out of wedlock, the individual or individuals who are entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25. (14) 'Pennanent guardian' means an individual appointed as guardian of a minor pursuant to Part 5 of Article I of Chapter 2 ofthis title. (15) 'Personal representative' means an executor, administrator, successor, personal representative, or the duly qualified and acting personal representative of the estate of a decedent. (16) 'Proposed ward' means an adult for whom a petition for the appointment of a guardian or a conservator has been filed.

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(I7) 'Standby guardian' means an individual appointed pursuant to Part 4 of Article I ofChapter 2 ofthis title. (18) 'Successor conservator' means an individual who has been appointed as conservator pursuant to Code Section 29-3-9I or 29-5-101. (19) 'Successor guardian' means an individual who has been appointed as guardian pursuant to Code Section 29-2-5I or 29-4-6I. (20) 'Sui juris' means an adult who is not suffering from any legal disability. (21) 'Temporary guardian' means an individual who is appointed as a guardian for a minor in accordance with the provisions of Part 3 of Article 1 of Chapter 2 ofthis title. (22) 'Temporary substitute conservator' means an individual who has been appointed as conservator pursuant to Code Section 29-3-90 or 29-5-I 00. (23) 'Temporary substitute guardian' means an individual who has been appointed as guardian pursuant to Code Section 29-2-50 or 29-4-60. (24) 'Testamentary conservator' means a person who has been issued letters ofguardianship pursuant to Code Section 29-3-5. (25) 'Testamentary guardian' means a person who has been issued letters of guardianship pursuant to Code Section 29-2-4. (26) 'VA Guardian' means a person appointed pursuant to the provisions of Chapter 7 ofthis title. (27) 'Ward' means an adult for whom a guardian or conservator has been appointed.

CHAPTER2 ARTICLE I
Part 1

29-2-1. Guardians ofminors may be categorized as follows:
(1) Natural guardians; (2) Testamentary guardians; (3) Temporary guardians; (4) Standby guardians; and (5) Permanent guardians.

29-2-2. (a) Only an individual may serve as guardian of a minor. (b) No individual may be appointed as guardian ofa minor who:
(1) Is a minor, a ward, or a protected person; or (2) Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the minor s best interest.

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Part2 29-2-3. (a) For purposes of this Code section, the terms ]oint legal custody' and 'sole custody' shall have the meanings as provided in Code Section 19-9-6. (b) Except as otherwise provided in this chapter, each parent shall be the natural guardian of any minor child of the parent, except that, if the parents are divorced and one parent has sole custody of the minor, that parent is the sole natural guardian of that minor. If the parents have joint legal custody, both parents are the natural guardians ofthat minor. (c) Ifone parent of a minor dies, the surviving parent is the sole natural guardian of the minor, even if the parents were divorced and the deceased parent had sole custody ofthe minor.

29-2-4. (a) Every parent, by will, may nominate a testamentary guardian for the parent's minor child. (b) Unless the minor has another living parent, upon probate ofthe parent's will, letters of guardianship shall be issued to the individual nominated in the will who shall serve as testamentary guardian without notice or hearing provided that the individual is willing to serve. (c) A testamentary guardian shall not be required to give bond or security. In all other respects a testamentary guardian shall have the same rights, powers, and duties as a permanent guardian appointed by the court.

Part 3

29-2-5. (a) A petition to be appointed the temporary guardian of a minor may be filed by an individual who has physical custody ofthe minor. (b) The petition shall be filed in the probate court of the county of domicile of the petitioner. (c) A petition for the appointment of a temporary guardian shall include the following:
( 1) The name, address, and date ofbirth ofthe minor; (2) The name and address ofthe petitioner and the petitioner s relationship to the minor, if any; (3) A statement that the petitioner is domiciled in the county in which the petition is being filed and has physical custody ofthe minor; (4) The name, address, and county of domicile of any living parent of the minor and a statement of whether one or both of the parents is the minor's natural guardian; (5) A statement of whether one or both of the parents have consented in a notarized writing to the appointment of the petitioner as temporary guardian and, if so, that the consents are attached to the petition;

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(6) If the sole parent or both parents have not consented to the appointment of the temporary guardian, a staten1ent of the circwnstances that give rise to the need for the appointment of a temporary guardian; and (7) The reason for any omission in the petition for temporary guardianship in the event full particulars are lacking.

29-2-6. (a) Except as otherwise provided in subsection (f) of this Code section, if the sole parent or both parents ofthe minor have consented to the appointment of the temporary guardian, as evidenced by notarized written consents attached to the petition, the court shall grant the petition without further notice or hearing and
shall issue letters ofguardianship to the petitioner.
(b)( 1) If one or both of the parents of the minor have not consented to the appointment of the temporary guardian, notice of the petition shall be given to any parent who has not consented. (2) The notice shall be by personal service if the parent resides in this state at a known address; by first-class mail if the parent resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed ifno address is known. (3) The notice shall state that the parent is entitled to object either to the establishment of a temporary guardianship or to the selection of the petitioner as temporary guardian, or both. (4) The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days ofthe date ofthe second publication ofthe notice. (c) Except as otherwise provided in subsection (f) of this Code section, if no parent who is entitled to notice under subsection (b) of this Code section files a timely objection to the petition, the court shall grant the petition without further notice or hearing and shall issue letters of guardianship to the petitioner. (d) If a natural guardian ofthe minor files a timely objection to the establishment of the temporary guardianship, the court shall dismiss the petition. If a natural guardian files a timely objection to the selection of the petitioner as temporary guardian, the court shall hold a hearing to determine who shall serve as temporary guardian. (e) If a parent who is not a natural guardian files a timely o~jection to the establishment of the temporary guardianship or to the selection of the petitioner
as temporary guardian, the court shall hold a hearing to determine all matters at
issue. (f) In all hearings held pursuant to this Code section, the standard for determination for all matters at issue shall be the best interest of the minor. As to the selection of the temporary guardian, the preference of the minor may be heard. In all proceedings under this Code section, the court has the option to refer the petition to the juvenile court which shall, after notice and hearing, determine whether the temporary guardianship is in the best interest ofthe minor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

29-2-7. (a) Except as otherwise provided by law, a temporary guardian shall be entitled to exercise any of the powers of a natural guardian. The court in its discretion may waive the requirement that a temporary guardian file the personal status reports that are required by paragraph (8) of subsection (b) of Code Section 29-2-21. (b) If a temporary guardian, in writing, assumes the obligation to support the minor while the temporary guardianship is in effect, to the extent that no other sources of support are available, then for purposes ofobtaining medical insurance coverage for the minor the temporary guardianship shall be deemed to be a permanent guardianship.

29-2-8. (a) A temporary guardianship shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, the temporary guardian dies, letters of guardianship are issued to a permanent or testamentary guardian, or a court order terminating the temporary guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court may order a hearing in an appropriate case. (b) Either natural guardian of the minor may at any time petition the court to terminate a temporary guardianship; provided, however, that notice of such petition shall be provided to the temporary guardian. If no objection to the termination is filed by the temporary guardian within ten days of the notice, the court shall order the termination of the temporary guardianship. If the temporary guardian objects to the termination of the temporary guardianship within ten days of the notice, the court shall have the option to hear the objection or transfer the records relating to the temporary guardianship to the juvenile court, which shall determine, after notice and hearing, whether a continuation or termination of the temporary guardianship is in the best interest ofthe minor.

Part4

29-2-9. As used in this part, the term:
(1) 'Designating individual' means a parent or guardian who appoints a standby guardian. A designating individual may only be:
(A) A parent of a minor, provided that he or she has physical custody ofthe minor and his or her parental rights have not terminated; and provided, further, that the other parent of the minor is deceased, has had his or her parental rights terminated, cannot be foWld after a diligent search has been made, or has consented to the designation of and service by the standby guardian; or (B) A guardian of the minor who is duly appointed and serving pursuant to court order.

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(2) 'Health care professional' means a person licensed to practice medicine under Chapter 34 of Title 43 or a person licensed as a registered professional nurse under Chapter 26 of Title 43 and authorized by the Georgia Board of Nursing to practice as a nurse practitioner. (3) 'Health determination' means the dated, written determination by a health
care professional that a designating individual is unable to care for a minor due
to the designating individual's physical or mental condition or health including
a condition created by medical treatment.
(4) 'Standby guardian' means an adult who is named by a designating individual to serve as standby guardian ofthe minor.

29-2-10. (a) A designating individual may designate an individual to serve as standby . guardian of a minor upon the health determination being made. (b) Upon the health determination being made and without the necessity of any judicial intervention, the standby guardian shall assume all the rights, duties, and responsibilities of guardianship of the person of the minor. Consistent with the designating individual's physical or mental condition or health, the designating individual may confer with the standby guardian in decision making concerning
1he care and welfare ofthe minor. (c) Upon the health determination being made, the standby guardian shall file with the probate court of the county of domicile of the minor a notice of the
standby guardianship with a copy of the standby guardianship designation and the health determination attached thereto. (d) No bond shall be required of a standby guardian. (e) No proceedings under this part shall relieve any parent, custodial or noncustodial, of a duty to support the minor under the provisions of Chapter 6 of
Title 19.

29-2-11. (a) A designation of a standby guardian shall be in writing and shall be signed by the designating individual or by some other individual in the designating individual's presence and at the designating individual's express direction. The designation shall be attested to and subscribed by two or more competent witnesses. Neither the witness nor an individual signing on behalf of the designating individual may be named the standby guardian. (b) A standby guardian designation shall set forth the name, address, and county of domicile of the designating individual and of the standby guardian; the name, address, county of domicile, and date ofbirth of the minor; and the circumstances which define the parent or guardian as a designating individual. With regard to a parent of the minor who is not the designating individual, the designation shall state, to the extent known, that parent's name and address and if that parent is deceased, has his or her parental rights terminated, and whether that parent cannot be located. The designation shall include a statement of consent, signed by the standby guardian, to serve in such capacity.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) A standby guardian designation shall be in substantially the following fonn and contain the following infonnation:

DESIGNATION OF STANDBY GUARDIAN

(1) IDENTIFICATION OF DESIGNATING INDIVIDUAL: I,

---:::------,----,---,--------,--,----,- (insert name of person designating the

standby guardian), whose address is

(insert address) and

whose county and state of domicile are

(insert name of

county and state), am:

(Check and complete the ones which apply) (A) _ _ The parent with physical custody of the minor child or children

listed below and my parental rights are not terminated; and the other parent,

whose name is

(insert name of other parent) and whose

address is

(insert address of other parent), of the minor

child or children listed below:

_ _ (A-1)

Is deceased;

___ (A-2)

Has his or her parental rights to the minor or minors

_ _ (A-3)

terminated; Cannot be found after a diligent search has been made;

or

___ (A-4)

Has consented to the designation of and service by the

standby guardian as set forth below; or (B) _ _ The guardian of the minor child or children listed below, who is

duly appointed and serving pursuant to court order.

(2) IDENTIFICATION OF MINOR(S): The minor or minors for whom I am

designating a standby guardian are:

NAME

ADDRESS (include county of domicile)

DATE OF BIRTH

(3) DESIGNATION AND IDENTIFICATION OF STANDBY GUARDIAN:

Pursuant to Part 4 of Article 1 of Chapter 2 ofTitle 29 of the Official Code of

Georgia Annotated, I hereby designate

(insert

name of standby guardian), whose address is - - - - . , - - , - - - - (insert address) and whose county and state of domicile are

----:::------:----,-,----(insert name of county and state), to serve as the standby guardian ofthe minor(s) whom I have identified above.

(4) POWERS OF STANDBY GUARDIAN: The standby guardian whom I

have designated above shall have all the rights, duties, and responsibilities

under Georgia law of a guardian of a minor who has been appointed by a court.

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(5) DURATION OF STANDBY GUARDIANSHIP: I understand that upon a health care professional detennining in writing that, due to my physical or mental health condition, I am not able to care for the minor(s) identified above, this standby guardianship shall become effective and the person whom I have designated above shall become the standby guardian of the person of the
roinor(s). I understand that I can revoke this standby guardianship by destroying this document, obliterating it, or by revoking it in writing with proper witnesses. I understand that if I wish to revoke the standby guardianship after the health determination has been made I must file a notice of the revocation of the standby guardianship with the probate court and mail a copy of the notice of revocation to the standby guardian. Finally, I understand that this standby guardianship will automatically end 120 days after the health care professional makes the determination that I am unable to care for the minor(s), unless the standby guardian has filed a petition fur guardianship ofthe minor. If the standby guardian files such a petition, the standby guardianship will remain in effect, unless otherwise revoked, until the judge rules on the petition. In considering such a petition for guardianship, I understand that the judge will give preference for the appointment to the individual whom I name as the standby guardian in this document. (6) SIGNATURE: I certifY that the statements contained herein are true and correct, this _ _ day of_ _ _ _ __

(Designating individual signs here) (Print name of designating individual)
We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian, and state that the designating individual signed this designation in our presence.

(Signature of first witness)

(Print first witness s address)

(Signature of second witness)

(Print second witness s address)

(7) CONSENT OF PARENT (To be completed only ifline A-4 in paragraph

(1) above has been checked):

I,

(insert name of parent other than the one

designating the standby guardian), whose address is _ _ _ _ _ _ _ __

(insert address), am the parent of the above named minor(s). I understand that

by this form, an individual is being designated to serve as a standby guardian

ofmy child (or children). I understand that this standby guardian will have all

the rights, duties, and responsibilities under Georgia law of a guardian of the

pa-son of a minor who has been appointed by a court.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

I further understand that I may object to this designation. Knowing this, I consent to the designation of _ _ _ _ _ _ _ _ _ _ _ (insert name of standby guardian). This _ _ day of_ _ _ _ __

(Other parent signs here) (Print name ofother parent)
We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this docwnent, and state that the above-named parent signed this consent in our presence.

(Signature of first witness)

(Print first witness's address)

(Signature ofsecond witness)

(Print second witness's address)

(8) ACCEPTANCE OF DESIGNATION BY STANDBY GUARDIAN:

I,

(insert name of designated standby guardian),

am the individual designated as the standby guardian in this docwnent. I

hereby accept this designation with full knowledge that upon a health care

professional making a written determination that the parent of the minor(s) is

not able to care for the minor(s) due to his or her physical or mental health or

condition, I automatically take on this guardianship.

Further, I understand that I must file a notice of my becoming a standby

guardian, a copy of this designation, and a copy of the health determination

with the probate court as soon as the health determination has been made. I

understand that within 120 days of the health determination being made I must

petition the probate court to name me as guardian ofthe minor(s).

This _ _ day of_ _ _ _ __

(Standby guardian signs here) (Print name of standby guardian)
We, the undersigned witnesses, are at least 18 years of age, are not designated as the standby guardian in this docwnent, and state that the standby guardian signed this docwnent in our presence.

(Signature of first witness)

(Print first witness s address)

(Signature ofsecond witness)

(Print second witness's address)

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171

29-2-12. (a) At any time before the health determination is made, a standby guardianship m.ay be revoked without no~ice t.o anyo~~ by d~truction or obliteration of the designation done by d1e destgnatmg mdivtdual wtth an mtent to revoke or by a written revocation signed by the designating individual or by some other individual in the designating person s presence and at the designating individual s express direction and attested to and subscribed by two or more competent
wi1Desses. (b) After the health determination has been made the standby guardianship may be revoked by the designating individual by filing a notice of such revocation .with the court in which the standby guardianship was filed the notice as required by Code Section 29-2-10 and by mailing a copy of the notice of revocation by
first-class mail to the standby guardian.

29-2-13. (a) Within 120 days of the health determination being made, the standby guardian shall file with d1e probate court in the county of domicile of the minor a petition seeking temporary guardianship ofthe minor. (b) Except as otherwise provided, a standby guardianship shall automatically terminate 120 days after the making of the health determination unless the standby guardian has filed a petition for temporary guardianship of the minor, in which case the standby guardianship shall remain in effect, unless otherwise revoked, until the petition is ruled upon. (c) If the designating individual dies prior to the entering of an order on a petition fur guardianship of the minor, as contemplated by subsection (a) of this Code section, the standby guardianship shall be terminated. If the designating individual dies subsequent to the entering of an order on such a petition, the ,guardianship created pursuant to that order shall terminate in favor of any testamentary designation of a guardian ofd1e minor or, if there is no testamentary designation, to an order on a petition for guardianship brought thereafter and subject to Code Section 29-2-17.
Part5
29-2-14. The probate court of the county in which a minor is found or in which the proposed permanent guardian is domiciled shall have the power to appoint a ptmlanent guardian for a minor who has no natural guardian, testamentary guardian, or permanent guardian. In its discretion, the probate court of the county in which the petition for appointment of a permanent guardian is filed may transfer the case to the probate court of any other county in this state if such transfer would serve the best interest of the minor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

29-2-15 (a) For purposes of this part, the term 'biological father' means a father of a minor born out of wedlock whose rights regarding the minor have not been surrendered or terminated but who is not entitled to have custody of and exercise parental power over the child pursuant to Code Section 19-7-25.
(b)( 1) Notice of a petition for appointment of a permanent guardian of a minor shall be given to the minor's biological father, if any, in the following circumstances:
(A) Ifthe identity of the biological father is known to the petitioner; (B) Ifthe biological father is a registrant on the putative father registry who has acknowledged paternity of the minor in accordance with subparagraph (d)(2)(A) ofCode Section 19-11-9; (C) If the biological father is a registrant on the putative father registry who has indicated possible paternity of a child of the minor's mother during a period beginning two years immediately prior to the minor s date of birth in accordance with subparagraph (d)(2)(B) ofCode Section 19-11-9; or (D) If the biological father has lived with the minor; contributed to the minor s support; made any attempt to legitimate the minor; or provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth ofthe minor. (2) The notice shall advise the biological father that he will lose all rights to object to the appointment of a permanent guardian for the minor if he does not file an objection with the court within 14 days of the notice and file a petition to legitimate the minor within 30 days of the hearing on his objection. The notice shall include the name of the individual who will be the minor's permanent guardian ifthe petition is granted. (c) If the biological father files a timely objection to the petition, the court shall hear the objection and, ifthe biological father makes a request, shall continue the hearing for 30 days to allow the father to file a petition to legitimate the minor pursuant to Code Section 19-7-22. If the biological father's petition for legitimation of the minor is granted, the petition for the appointment of a permanent guardian for the minor shall be dismissed.
(d) If the biological father does not file a petition for legitimation within 30 days
or files a petition that is subsequently dismissed for failure to prosecute or files a petition and the action is subsequently concluded without a court order declaring that he is the father of the minor, the biological father shall have no further rights to receive notice of or object to the appointment of a permanent guardian for the minor.

29-2-16. (a) The court shall appoint as permanent guardian that individual who will serve the best interest ofthe minor, considering the following order ofpreferences:
(1) The adult who is the preference of the minor ifthe minor is 14 years of age or older;

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(2) The nearest adult relative of the minor determined according to Code Section 53-2-1 ofthe Revised Probate Code of 1998; (3} Other adult relatives ofthe minor; (4) Other adults who are related to the minor by marriage; (5) An adult who was designated in writing by either of the minor s natural guardians in a notarized document or document witnessed by two or more
persons; or (6} An adult who has provided care or support for the minor or with whom the
minor has lived.
(b) The court may disregard an individual who has preference and appoint an
individual who has a lower preference or no preference. In determining what is
m. the best interest of the minor, the court may take into account any facts and
circumstances presented to it, including the statement of a minor who is under 14
years ofage.

29-2-17. (a) Any interested person may file a petition for the appointment of a permanent guardian of a minor. (b) The petition for appointment of a permanent guardian shall set forth:
(1) A statement ofthe facts upon which the court's jurisdiction is based; {2) The name, address, and date ofbirth ofthe minor; (3) The name, address, and county of domicile of the petitioner and the petitioner s relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to the minor, if any; (4) A statement that the minor has no natural guardian, testamentary guardian, or permanent guardian; (5) A statement of whether the child was born out of wedlock and, if so, the name and address ofthe biological father, ifknown; {6) Whether, to the petitioner s knowledge, there exists any notarized or witnessed document made by a parent of the minor that deals with the guardianship of the minor and the name and address of any designee named in the document; {7) In addition to the petitioner and the nominated guardian, the names and addresses of the following relatives of the minor whose whereabouts are known:
(A) The adult siblings of the minor; provided, however, that not more than three adult siblings need to be listed; (B) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be listed; (C) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) Whether a temporary guardian has been appointed for the minor or a petition for the appointment of a temporary guardian has been filed or is being filed; and (9) The reason for any omission in the petition for appointment of a pennanent guardian for a minor in the event full particulars are lacking. (c) In addition to the notice required by Code Section 29-2-15, notice of the
petition for appointment of a pennanent guardian for a minor shall be given to
any designee named in paragraph (6) of subsection (b) of this Code section and the individuals named in paragraph (7) ofsubsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no address is known. The notice shall state that the individual is entitled to object either to the establishment of a pennanent guardianship or to the selection of the petitioner as permanent guardian, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice. (d) If the judge deems it necessary, a temporary guardian may be appointed under the same rules that apply to the appointment of a temporary administrator.

29-2-18. Upon the filing of a petition for the appointment of a pennanent guardian of a minor and the giving of notice, the court shall hold a hearing and the standard for determination for all matters at issue shall be the best interest ofthe minor.

29-2-19. An order granting pennanent guardianship shall specifY:
(1) The name of the pennanent guardian and the basis for the selection of the guardian; (2) A specific listing of any of the additional powers which are granted to the pennanent guardian as provided in subsection (b) ofCode Section 29-2-22; (3) If only a guardian is appointed or if the guardian and the conservator appointed are not the same person, the reasonable sums of property to be provided the guardian to provide adequately for the minor s support, care, education, health, and welfare are subject to modification by subsequent order ofthe court.; and (4) Such other and further provisions of the guardianship as the court shall determine to be in the best interest of the minor.

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ARTICLE2

29-2-20. (a) In every guardianship, the minor has the right to:
(I) A qualified guardian who acts in the best interest ofthe minor;
(2) A guardian who is reasonably accessible to the minor;
(3) Have his or her property utilized as necessary for his or her support, care,
education, health, and welfare; and
(4) Individually or through the minor's representative or legal counsel, bring
an action relating to the guardianship.
(b) The appointment of a guardian is not a determination that a minor who is 14 years of age or older lacks testamentary capacity.

29-2-21. (a) The power of a guardian over the minor shall be the same as that of a parent
oves a child; the guardian standing in place of the parent. A guardian shall at all

: times act as a fiduciary in the minor's best interest and exercise reasonable care,

diligence, and prudence.

,(b) A guardian shall:

(1) Respect the rights and dignity ofthe minor;

(2) Arrange for the support, care, education, health, and welfare of the minor

considering the minor s available resources;

(3) Take reasonable care ofthe minor s personal effects;

(4) Expend money of the minor that has been received by the guardian for the

minor's current needs for support, care, education, health, and welfare;

(S) Conserve for the minor s future needs any excess money of the minor

received by the guardian; provided, however, that if a conservator has been

appointed for the minor, the guardian shall pay to the conservator, at least

quarterly, money to be conserved for the minor's future needs;

(6) Ifnecessary, petition to have a conservator appointed;

(7) Endeavor to cooperate with the conservator, if any;

(8) Within 60 days after appointment and within 60 days after each

anniversary date of appointment, file with the court and provide to the

conservator, if any, a personal status report concerning the minor, which shall

include:

(A) A description of the minor s general condition, changes since the last

, report, and the minor's needs;



(B) All addresses of the minor during the reporting period and the living

arrangements ofthe minor for all addresses; and

(C) Recommendations for any alteration in the guardianship order;

(9) Promptly notifY the court of any conflict of interest between the minor and

the guardian when the conflict arises or becomes known to the guardian and

take such action as is required by Code Section 29-2-23; (1 0) Keep the court infurrned ofthe guardian's current address; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(II) Act promptly to terminate the guardianship when the minor dies, reaches age 18, is adopted, or is emancipated. (c) A guardian, solely by reason of the guardian-minor relationship, is not personally liable for: (I) The minor s expenses; (2) Contracts entered into in the guardian's fiduciary capacity; (3) The acts or omissions ofthe minor; (4) Obligations arising from ownership or control of property of the minor; or (5) Other acts or omissions occurring in the course ofthe guardianship.

29-2-22. (a) The appointment ofa guardian shall vest in the guardian the exclusive power, without court order, to:
(1) Take custody of the person of the minor and establish the minor's place of dwelling within this state; (2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consent or approval that may be necessary for medical or other professional care, counsel, treatment, or services for the minor; (3) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalfofthe minor; (4) Execute a surrender of rights to enable the adoption of the minor pursuant to the provisions of Chapter 8 of Title 19 or the adoption laws of any other state; and (5) Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare ofthe minor. (b) At the time of the appointment ofthe guardian or at any time thereafter, any of the following powers may be specifically granted by the court to the guardian upon such notice, ifany, as the court shall determine, provided that no disposition of the minor s property shall be made without the involvement of a conservator, if any: (I) To establish the minor s place ofdwelling outside this state; (2) To change the jurisdiction of the guardianship to another county in this state that is the county of the minor s place of dwelling, pursuant to Code Section 29-2-60; (3) To change the domicile of the minor to the minor s or the guardian's place of dwelling, in the determination of which the court shall consider the tax ramifications and the succession and inheritance rights of the minor and other parties; (4) To consent to the marriage ofthe minor; (5) To receive reasonable compensation from the estate of the minor for services rendered to the minor; and

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(6) If there is no conservator, to disclaim or renoooce any property or interest
in property of the minor in accordance with the provisions of Code Section
53-1-20 ofthe Revised Probate Code of 1998. (c) Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the minor and shall give
notice to any natural guardian ofthe minor. (d) In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the minor and the views of the conservator, if available, or, if there is no conservator, of others who have custody ofthe minor's property. (e) In performing any of the acts described in this Code section, the guardian
sball act in coordination and cooperation with the conservator or, if there is no
conservator, with others who have custody ofthe minor's property.

29-2-23 . . The guardian must disclose promptly any conflict of interest between the guardian and the minor when it arises or becomes known to the guardian and
seek the court's determination as to whether the conflict is insubstantial or if it is in the best interest ofthe minor for the guardian to continue to serve.

29-2-24. Befure entering upon the duties of the appointment, every guardian appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a guardian and to accooot &ithfully for the estate. The oath or affirmation of a guardian may be subscribed befure the judge or clerk of any probate court of this state. The judge of the probate court who appoints the guardian shall have the authority to grant a connnission to a judge or clerk of any court of record of any ot:l:).er state to administer the oath or affirmation.

29-2-25. (a) A guardian may be required to give bond with good and sufficient security in such amooot as the court may determine from time to time. (b) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody ofthe bonds. (c) If a guardian is required to give bond and has given as security one or more licensed commercial sureties authorized to transact business in this state the bond premium may be paid as part of the cost of administration.

ARTICLE 3
. 29-2-30. (a) The guardianship of a minor shall terminate on the date upon which the earliest of the following occurs: the minor reaches age 18, the minor is adopted, the minor is emancipated, the minor dies, or a court order terminating the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

guardianship is entered. Proof of adoption, death, or emancipation shall be filed with the court and the court in its discretion may order a hearing. (b) Within six months prior to the date the minor reaches 18 years of age, the guardian or any other interested person may file a petition for the appointment of a guardian for the minor when that minor becomes an adult, in accordance with the provisions of Article 2 of Chapter 5 of this title, to take effect on or after the date the minor reaches 18 years of age. (c) The death of the minor automatically terminates the guardianship, except as otherwise provided in Code Section 29-2-31. (d) Upon termination of the guardianship, the guardian shall deliver any money or property to the former minor or, if a guardian or conservator has been appointed for the former minor, to that guardian or conservator or, if the minor is deceased, to the minor" s personal representative.

29-2-31. (a) Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions ofparagraph (8) of subsection (b) of Code Section 29-2-21. Notice shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date of publication. The court shall examine any objections filed. (b) If no objection is filed or if, upon hearing any objection, the court. is satisfied that the order dismissing the guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. Such order shall not bar an action against the guardian.
ARTICLE 4

29-2-40. (a) A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction ofthe court that:
(I) The guardian is unable to continue to serve due to age, illness, infirmity, or other good cause; (2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian;

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(3) Disagreement exists between the minor and the guardian or between the guardian and the conservator in respect of the guardian s care of the minor, which disagreement and conflict appear to be detrimental to the minor; (4) The resignation ofthe guardian will result in or permit substantial financial
benefit to the minor; or (5) The resignation would not be disadvantageous to the minor.
(b) The petition for resignation shall include the name of a suitable person who
is willing to accept the guardianship. (c) Personal service of the petition for resignation shall be made upon the minor
and a guardian ad litem appointed by the court for the minor. Service shall be
toade by first-class mail to the parents of the minor in the event ofthe resignation of a temporary guardian, to the conservator of the minor, if any, and, in the tbllowing order of preference, to the following relatives of the minor whose wha-eabouts are known and who must be persons other than the resigning guardian or the proposed successor guardian:
(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the . . Revised Probate Code of 1998.
(d) Ifafter such hearing as the court deems appropriate, the court is satisfied that
the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing
;, the successor guardian in accordance with the provisions of Code Section
t 29-2-51 and accept the resignation, subject to the resigning guardian turning over to the successor guardian or conservator all property held by the guardian.

29-2-41.
(a) In the event of the death of a guardian, and upon the petition of an interested
person or upon the court s own motion, the court shall appoint a successor
guardian. The court shall notify the minor and any guardian ad litem appointed
b the minor by personal service. Notice shall be given by first-class mail to the
conservator of the minor, if any, to the personal representative of the deceased ,..,dian, if any, and, in the following order of preference, to the following i'elatives of the minor whose whereabouts are known and who must be persons
otha- than the proposed successor guardian:
(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the
Revised Probate Code of 1998.

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(b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section 29-2-51 requiring the personal representative of the deceased guardian to turn over to the successor guardian all property of the minor held by the guardian.

29-2-42. (a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of guardianship or to impose sanctions, the court shall cite the guardian to answer the charge. The court. shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute guardian for the minor during the investigation. (b) Upon investigation the court may in its discretion:
(I) Revoke or suspend the letters of guardianship; (2) Require additional security; (3) Reduce or deny compensation to the guardian or impose such other sanction or sanctions as the court deems appropriate; and (4) Issue any other order as in the court s judgment is appropriate under the circumstances ofthe case. (c) The revocation or suspension of letters of guardianship shall not abate any action pending for or against the guardian. The successor guardian shall be made a party to the action in the manner provided in Code Section 9-11-25.

29-2-43. (a) If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalf of the minor shall have a cause of action as appropriate:
(1) To recover damages; (2) To compel performance ofthe guardian s duties; (3) To enjoin the commission of a breach of fiduciary duty; or (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the minor's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

29-2-44. All actions against a guardian, except on the guardian's bond, shall be brought within six years of the termination of the guardianship of the minor, except as provided in Code Section 9-3-90.

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ARTICLE 5

29-2-50. (a) Upon its own motion or on the petition of any interested party, including the . JPinor, the court may appoint a temporary substitute guardian for a minor if it appears to the court that the best interest of the minor requires immediate action. (b) The temporary substitute guardian shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute guardian an appropriate individual who shall serve the best interest of the minor. (d) Except as otherwise ordered by the court, a temporary substitute guardian has the powers set forth in the order of appointment. The authority of the previously appointed guardian is suspended for as long as the temporary substitute guardian bas authority to act on behalfofthe minor. (e) Notice of the appointment of a temporary substitute guardian shall be served personally on the minor. Notice of the appointment shall be served personally on the previously appointed guardian at the last address provided by that guardian . to the court. Notice of the appointment shall be mailed by first-class mail to the minor's conservator, if any. (f) The court may remove the temporary substitute guardian at any time. A umporary substitute guardian shall make any report the court requires. In all other respects, the provisions of this chapter apply to the temporary substitute
guardian.
29-2-51. (a) The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best interest of the minor. The court shall select the successor guardian in the manner provided in Code Section 29-2-15. (b) In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-2-40 and 29-2-41. In all other cases, notice ofthe proceeding fur appointment of a successor guardian shall be served personally on the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the conservator of the minor, if any, and, in the following order of preference, to the following relatives of the minor whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (2) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (3) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998.

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(c) After such hearing as the court deems appropriate, the court shall enter an order appointing the successor guardian.

29-2-52. Upon the appointment of a successor guardian the predecessor guardian or the personal representative of a deceased predecessor guardian shall deliver to the successor guardian all property of the minor held by the guardian and shall submit a final status report covering the period since the guardian's last status report.

ARTICLE6 Part. I

29-2-60. (a) A guardian may petition to remove the guardianship to the jurisdiction ofthe court ofthe county in this state in which the minor resides. (b) Upon the filing of a petition to remove the guardianship to another county in this state, the court shall appoint a guardian ad litem for the minor. The court of the county in which the guardian was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest ofthe minor. (c) Before the removal of the guardianship to another county in this state, the guardian shall file with the court ofthe county to which the guardianship is to be removed certified copies of all the records pertaining to the guardianship. (d) Following removal of a guardianship to another county in this state, the court of that county shall have the same jurisdiction over the guardian as if the guardian had been first appointed in that county, and every case growing out of or affecting the guardianship shall be heard and tried only in the county to which the guardianship has been removed. (e) The court in which an action or proceeding is pending or which has issued an order for a settlement of accounts, removal, or sanction of a guardian shall retain jurisdiction of such matters even when the guardianship has been removed to another county.

Part 2
29-2-65. (a) For purposes of this part and Part 3 of this article, the term 'guardianship' refers to a legal relationship in which a person is given responsibility by a foreign court for the care of a minor, thereby becoming a guardian. (b) A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreigll guardianship in the court of the county in this state where the minor resides or may reside.

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. (c) The petition shall include the following: (1) An authenticated copy of the foreign guardianship order including: (A) All attachments describing the duties and powers of the guardian; and (B) All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship; (2) The address ofthe foreign court which issued the guardianship order; (3) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses ofthe courts where the petitions have been filed; (4) The petitioner s name, address, and county of domicile; (5) The name, age, and current address of the minor and the new or proposed address of the minor; (6) The names and current addresses of the adult siblings of the minor, if any; (7) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other person currently serving as guardian; (8) The name and address of any person currently acting as legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor; (9) The name and address ofthe minor s conservator, if any; and (1 0) The reason the transfer is in the minor s best interest.
(c) The petition may be combined with other petitions related to the gu3rdianship, including a petition to modifY the terms ofthe guardianship.

. 29-2-66. (a) Notice and a copy of tl1e petition for receipt and acceptance of a foreign gu3rdianship shall be served personally on the minor. The notice shall:
(1) State that the minor has a right to a hearing on the petition; (2) Inform the minor of the procedure to exercise the minor s right to a hearing; and (3) State that the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the transfer ofthe guardianship. (b) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be provided to the foreign court from which the guardianship is to be transferred. Notice to the foreign court. shall include a request tllat the fureign court: (1) CertifYwhether:
(A) Thei foreign court has any record that the guardian has engaged in malfeasance, misfeasance, or nonfeasance during the guardian's appointment; (B) Periodic status reports have been filed in a satisfactory manner; and

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(C) All bond or other security requirements imposed Wlder the guardianship have been performed; and (2) Forward copies of all docwnents filed with the foreign cowt relating to the guardianship including but not limited to: (A) The initial petition for guardianship and other filings relevant to the appointment ofthe guardian; (B) Reports and recommendations of guardians ad litem, cowt visitors, or other individuals appointed by the foreign cowt to evaluate the appropriateness ofthe guardianship; (C) Reports of physical and mental health practitioners describing the condition ofthe minor; (D) Periodic status reports on the condition ofthe minor; and (E) The order to transfer the guardianship. (c) Notice and a copy of the petition for receipt and acceptance of the guardianship shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of their right to object to the receipt and acceptance ofthe guardianship by this state. (d) The minor shall have 30 days from the date of service to request a hearing on the petition. All other persons to whom notice is given Wlder this Code section shall have 30 days from the date of the mailing of the notice to request a hearing on the petition. (e) The court may waive the notice requirements of subsections (a) through (c) ofthis Code section if it finds that: (1) The guardian has filed a petition in the foreign court for transfer and release ofthe guardianship to this state; (2) Notice was given to the minor and all interested persons in conjm1ction with the petition for transfer and release ofthe guardianship; (3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the guardianship filed with the foreign court and proofthat service was made on the minor not more than 90 days from the date the petition for receipt and acceptance of the guardianship is filed in the court; and (4) The minor is represented by legal com1sel with respect to the petition in the foreign court.

29-2-67. (a) On the court"s own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition for receipt and acceptance ofthe foreign guardian. (b) If any interested person challenges the validity of the foreign guardianship or the authority of the foreign court to appoint the guardian, the court may stay its proceeding while the petitioner is afforded the opportWlity to have the foreign court hear the challenge and determine its merits.

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29-2-68. (a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:
(1) The guardian is presently in good standing with the foreign court; and (2) The transfer of the guardianship from the foreign jurisdiction is in the best interest ofthe minor. (b) Subject to subsection (c) ofthis Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship. (c) In order to coordinate efforts with the foreign court to facilitate the orderly . ttansfer ofthe guardianship, tl1e court is authorized to: (I) Delay the effective date of the receipt and acceptance for a reasonable period of time; (2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or (4) Make other arrangements the court. deen1s necessary to effectuate the receipt and acceptance of the guardianship. (d) The denial of a petition for receipt and acceptance of the foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship under Code Section 29-2-16.
Part 3
29-2-69. (a) A guardian may petition a court of this state which has jurisdiction over the guardianship to transfer tlle guardianship to a foreign court of competent jurisdiction iftlle minor has moved permanently to tlle foreign jurisdiction. (b) The minor may be presumed to have moved permanently to tlle foreign jurisdiction if:
{I) The minor has resided in the foreign jurisdiction for more than 12 consecutive months; (2) The guardian notifies the court that the minor will move or has moved permanently to tlle foreign jurisdiction; or (3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship for tlle minor in tlle foreign jurisdiction. (c) To facilitate the transfer the court may order tlle guardian to file a petition for receipt and acceptance oftlle guardianship in tlle foreign jurisdiction.

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(d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.

29-2-70. The petition to transfer a guardianship to a foreign jurisdiction shall include the following:
(I) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship ifpreviously filed in the foreign court; (2) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses ofthe courts where the petitions have been filed; (3) The petitioner s name, address, and county of domicile; (4) The name, age, and current address ofthe minor and the new or proposed address ofthe minor; (5) The names and current addresses of the adult siblings of the minor, if any; (6) The name and address of the person responsible for the care and custody of the minor, if other than the petitioner, and of any other individual currently serving as guardian; (7) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor; (8) The name and address ofthe minor s conservator, if any; (9) The reason for moving the minor; and (I 0) The reason the transfer of the guardianship is in the minor's best interest

29-2-71. (a) Notice and a copy of the petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state:
(I) The date that the hearing shall be held; and (2) That the minor has the right to independent legal counsel and that the court shall appoint legal counsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the receipt and acceptance of the guardianship. (b) Notice and a copy of the petition to transfer the guardianship shall be provided to the foreign court to which the guardianship is to be transferred. (c) Notice and a copy of the petition shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the guardianship by this state.

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29-2-72. On the court's own motion or upon timely motion by the minor or by any interested person, the court shall hold a hearing to consider the petition to transfer the guardianship.
29-2-73. (a) The court may grant a petition to transfer a guardianship to a foreign court ofcompetent jurisdiction ifthe court. finds that the:
(1) Guardian is presently in good standing with the court; and (2) Transfer of the guardianship to the foreign jurisdiction is in the best interest ofthe minor. (b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer ofthe guardianship the court is authorized to: (1) NotifY the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed
in a satisfactory manner and whether all bond or other security requirements
imposed under the guardianship have been performed; and (2) Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
(A) The initial petition for guardianship and other filings relevant to the appointment ofthe guardian; (B) Reports and recommendations of guardians ad litem, court. visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship; (C) Reports of physical and mental health practitioners describing the condition ofthe minor; and (D) Periodic status reports on tl1e condition of the minor. (c) As necessary to coordinate the transfer of the guardianship, the court is authorized to: (1) Delay the effective date ofthe transfer for a reasonable period of time; (2) Make the transfer contingent upon the acceptance of the guardianship or appointment ofthe guardian in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the guardianship for a reasonable period oftime to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or
(4) Make other arrangements that in the sound discretion of the court are
necessary to transfer the guardianship.
Part4
29-2-74. (a) For purposes of this part, the term 'foreign guardian' means a guardian or
other person who has been given responsibility by a court of competent
jUrisdiction in another state or territory governed by the Constitution of the
United States for the care of a minor and whose guardianship has not been

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transferred to and accepted in this state pursuant to the provisions of Part 2 ofthis article. (b) Any foreign guardian of a minor who resides in any other state and who is authorized to sell and convey property of the minor may sell property of the minor which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign guardian must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment as guardian of a minor and must also file with the court or other proper authority bond with good and sufficient security in double the value of the property to be sold for the faithful execution ofthe guardianship as provided by law.

29-2-75. A foreign guardian may institute an action in any court in this state to enforce any right or to recover any property belonging to the minor or accruing to the foreign guardian as such.

29-2-76. Pending an action brought by a foreign guardian pursuant to Code Section 29-2-75, an authenticated copy of the letters of guardianship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court ofrecord, or filed with the papers ifthe action is a summary proceeding.

29-2-77. A foreign guardian submits personally to the jurisdiction ofthe courts ofthis state in any proceeding relating to the guardianship by:
(I) In this state receiving payment of money or taking delivery of personal property belonging to the minor; or (2) Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual.

CHAPTER3 ARTICLE I

29-3-1. (a) For purposes of this Code section, 'personal property' does not include the value of property that is held for the minor s benefit in trust or by a custodian under Article 5 of Chapter 5 of Title 44, 'The Georgia Transfers to Minors Act.' (b) The natural guardian of a minor may not receive the personal property of the minor until the natural guardian becomes the legally qualified conservator of the minor; provided, however, that when the total value of all personal property of the minor is $15,000.00 or less, the natural guardian may receive and shall thereafter hold and use all or part of the personal property for the benefit of the minor and shall be accountable for the personal property but shall not be required to become the legally qualified conservator as to that personal property.

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(c) Upon receiving an affidavit: (1) That the value of all the personal property of a minor will not exceed $15,000.00 in value; (2) That no conservator has been appointed for the minor's estate; and (3) That the affiant is the natural guardian ofthe minor,
any person indebted to or holding personal property of the minor shall be authorized to pay the amount of the indebtedness or to deliver the personal property to the affiant. In the same manner and upon like proof; any person having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon such payment, delivery, transfer, or issuance pursuant to the affidavit, the person shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the minor and shall not be required to see to the application or disposition ofthe personal property. (d) This Code section shall not authorize a temporary, testamentary, or pennanent guardian to receive personal property ofthe minor unless the guardian becomes the legally qualified conservator ofthe minor.

29-3-2. The natural guardian of a minor who has no conservator may release the debtor and compromise a debt when the collection of the debt is doubtful without becoming the conservator of the minor and without such action being approved by the court ifthe amount ofthe debt is $15,000.00 or less.

29-3-3. (a) For purposes of this Code section, the term 'gross settlement' means the present value of all amounts paid or to be paid in settlement of the claim, including cash, medical expenses, expenses of litigation, attorney's fees, and any amounts paid to purchase an annuity or other similar financial arrangement. (b) If the minor has a conservator, the only person who can compromise a minor's claim is the conservator. (c) Whether or not legal action has been initiated, if the proposed gross settlement of a minor's claim is $15,000.00 or less, the natural guardian of the minor may compromise the claim without becoming the conservator ofthe minor and without court approval. The natural guardian must qualify as the conservator ofthe minor in order to receive payment of the settlement if necessary to comply with Code Section 29-3-1. (d) If no legal action has been initiated and the proposed gross settlement of a minor's claim is more than $15,000.00, the settlement must be submitted for approval to the court. (e) If legal action has been initiated and the proposed gross settlement of a minor's claim is more than $15,000.00, the settlement must be submitted for approval to the court in which the action is pending. The natural guardian or conservator shall not be permitted to dismiss the action and present the settlement

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to the court for approval without the approval of the court in which the action is pending. (f) If the proposed gross settlement of a minor s claim is more than $15,000.00, but the gross settlement reduced by:
(1) Attorney s fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and (2) The present value of amounts to be received by the minor after reaching the age ofmajority is $15,000.00 or less, the natural guardian may seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor. The natural guardian must qualifY as the conservator of the minor in order to receive payment of the settlement if necessary to comply with Code Section 29-3-1. (g) If the proposed gross settlement of a minor s claim is more than $15,000.00, but such gross settlement reduced by: ( 1) Attorney s fees, expenses of litigation, and medical expenses which shall be paid from the settlement proceeds; and (2) The present value of amounts to be received by the minor after reaching the age of majority is more than $15,000.00, the natural guardian may not seek approval of the proposed settlement from the appropriate court without becoming the conservator of the minor. (h) If an order of approval is obtained from the judge of the probate court based upon the best interest of the minor, the guardian is authorized to compromise any contested or doubtful claim in favor ofthe minor without receiving consideration for such compromise as a lump sum. Without limiting the foregoing, the compromise may be in exchange for an arrangement that defers receipt ofpart or all of the consideration for the compromise until after the minor reaches the age ofmajority and may involve a structured settlement or creation of a trust on terms which the court approves. (i) Any settlement entered consistent with the provisions of this Code section shall be final and binding upon all parties, including the minor.

29-3-4. No person may be appointed or continue to serve as conservator of a minor who:
(1) Is a minor, a ward, or a protected person; or (2) Has a conflict of interest with the minor unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the minor s best interest.

29-3-5. (a) Every parent, by will, may nominate a testamentary conservator for the parent" s minor child for the property that passes to the minors under the parenf s will.

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(b) Upon probate of the will, letters of conservatorship shall be issued to the individual nominated in the parent's will who shall serve as testamentary conservator without notice or hearing. (c) A testamentary conservator shall not be required to give bond and security on the property that passes to the minor under the parent" s will, except in the case of waste committed or apprehended, in which case the court may require a bond and security. If the testamentary conservator fails to give bond as required, the court may dismiss the conservator and appoint another conservator. If property accrues or has accrued to the minor from sources other than the parent's will, the court may appoint a different conservator for such property or may appoint the testamentary conservator for such property and require the testamentary conservator to give bond for the property thus accruing. (d) In all other respects a testamentary conservator shall have the same rights, powers, and duties as other conservators appointed by the court.

. 29-3-6. (a) The judge of the court in which a minor is found or in which the proposed conservator is domiciled shall have the power to appoint a conservator for the
minor. (b) If a nonresident minor has property in this state, the judge of the court of the county in which the property is located may appoint a conservator who shall have control only over such property.

29-3-7. (a) The court shall appoint as conservator that person who shall best serve the interest ofthe minor considering the following order ofpreferences: . (1) The individual who is the preference of a minor who is 14 years of age or
older; (2) The nearest adult relative of the minor as set forth in Code Section 53-2-1 ofthe Revised Probate Code of 1998; (3) Other adult relatives ofthe minor; (4) Other adults who are related to the minor by marriage; (5) A person who was designated in writing by a minor s natural guardian in
a notarized document or docmnent witnessed by two or more persons;
(6) A person who has provided care or support for the minor or with whom the minor has lived; or (7) The county guardian. (b) The court may disregard an individual who has preference and appoint a person who has a lower preference or no preference. In determining what is in the best interest of the minor, the court may take into account any facts and circumstances presented to it, including the statement of a minor who is under 14 years of age.

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29-3-8. (a) Any person may file a petition for the appointment of a conservator of a minor. (b) The petition for appointment of a conservator shall set forth:
(1) A statement of the facts upon which the court" s jurisdiction is based; (2) The name, address, and date of birth ofthe minor; (3) The name, address, and county of domicile of the petitioner and the petitioner s relationship to the minor, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as conservator and that person s relationship to the minor, if any; (4) Whether to the petitioner's knowledge there exists any notarized or witnessed document made by a parent of the minor that deals with the conservatorship of the minor and the name and address of any designee named in the document; (5) In addition to die petitioner and the nominated conservator, the names and addresses of the following relatives of the minor whose whereabouts are known:
(A) Any parent of the minor whose parental rights have not been terminated; (B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings ofthe minor; provided, however, that not more dian three adult siblings need be listed; (C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be listed; or (D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998; (6) A description of all known assets, income, other sources of funds, liabilities, and expenses of the minor; (7) A disclosure of any financial interest that would cause the proposed conservator to have a conflict of interest with the minor; (8) A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section 29-3-22, that are requested by the conservator and a statement of the circumstances that would justifY the granting of such powers; and (9) The reason for any omission in the petition for appointment of conservator of a minor in the event full particulars are lacking. (c) Notice of the petition for appointment of a conservator for a minor shall be given to any designee named in paragraph (4) of subsection (b) of this Code section and the individuals named in paragraph (5) of subsection (b) of this Code section. The notice shall be by personal service if the individual resides in this state at a known current address; by first-class mail if the individual resides outside this state at a known address; or by publication for two weeks in the official county legal organ for the county in which the petition is filed if no

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address is known. The notice shall state that the individual is entitled to object either to the establishment of a conservatorship or to the selection of the petitioner as conservator, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the date of the mailing of the notice, or within ten days of the date of the second publication ofthe notice. (d) If the judge deems it necessary, a temporary conservator may be appointed under the same rules that apply to the appointment of a temporary administrator as provided in Article 4 ofChapter 6 ofTitle 53.

29-3-9. Upon the filing of a petition for the appointment of a conservator of a minor and the giving of notice, the court may hold a hearing and the standard for
determination for all matters at issue shall be the best interest ofthe minor.

29-3-10. (a) An order granting conservatorship shall specifY:
(1) The name ofthe conservator and the basis for the selection; (2) A specific listing of any of the additional powers, as described in subsections (b) and (c) of Code Section 29-3-22 that are granted to the conservator; (3) If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable sums or property to be provided to the guardian to provide adequately for the minor s support, care, education, health, and welfare, subject to modification by subsequent order ofthe court; (4) If the minor has an interest in real property, the name of the county in which the real property is located; and (5) Such other and further provisions of the conservatorship as the court shall determine to be in the best interest ofthe minor, stating the reasons therefor. (b) In any case involving the appointment of a conservator, if the minor has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the minor owns real property, which shall be recorded in the deed records of the county and indexed under the name of the minor in the grantor index. The certificate shall set forth the name of the minor, the expiration date of the conservatorship, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanied by the same fee required for filing deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate.

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ARTICLE2

29-3-20. (a) In every conservatorship, the minor has the right to:
(1) A qualified conservator who acts in the best interest ofthe minor; (2) A conservator who is reasonably accessible to the minor; (3) Have the minor s property utilized as necessary to provide adequately for the minor s support, care, education, health, and welfare; and (4) Individually or through the minor s representative or legal counsel, bring an action relating to the conservatorship. (b) The appointment of a conservator is not a determination that an individual who is 14 years of age or older lacks testamentary capacity.

29-3-21. (a) A conservator shall receive, collect, and make decisions regarding the minor's property, except as otherwise provided by law or by the court. A conservator shall at all times act as a fiduciary in the minor's best interest and exercise reasonable care, diligence, and prudence. (b) A conservator shall:
(I) Respect the rights and dignity of the minor; (2) Be reasonably accessible to the minor and maintain regular communication with the minor; (3) Petition to have a guardian appointed ifnecessary; (4) Endeavor to cooperate with the guardian, if any; (5) Provide for the support, care, education, health, and welfare of the minor, considering available resources; (6) Give such bond as required by Code Section 29-3-40; (7) Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the minor s property and a plan for administering the property, pursuant to the provisions ofCode Section 29-3-30; (8) Take into account any estate plan of the minor known to the conservator in the administration ofthe conservatorship; (9) Keep accurate records including adequate supporting data and file annual returns as required by Code Section 29-3-60; (10) Promptly notifY the court of any conflict of interest between the minor and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section29-3-23; (11) Keep the court informed ofthe conservator s current address; and (12) Act promptly to terminate the conservatorship when the minor reaches the age of majority. (c) A conservator, solely by reason of the conservator-minor relationship, is not personally liable for: (I) The minor s expenses; (2) Contracts entered into in the conservator s fiduciary capacity; (3) The acts or omissions ofthe minor;

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(4) Obligations arising from ownership or control of property of the minor; or (5) Other acts or omissions occurring in the course ofthe conservatorship.

29-3-22. (a) Without court order, the appointment of a conservator shall vest in the conservator the exclusive power to:
(1) Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare ofthe minor; (2) Enter into contracts for labor or services upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30; (3) Borrow money for one year or less and bind the minor or the minor s property, but only if the amount of the annual payments when combined with other anticipated disbursements does not exceed the amount of the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-3-30 and only if done for purposes of paying the minor s debts, providing for the support, care, education, health, or welfare ofthe minor, or repairing the minor s dwelling place; (4) Receive, collect, and hold the minor s property, additions to the minor s property, and all related records; (5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-3-3I; (6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the minor in the name of or on behalf ofthe minor; (7) Fulfill, as far as possible, or, to the extent permitted by law, disaffirm the executory contracts and comply with the executed contracts of the minor; (8) Examine the will and any other estate planning documents ofthe minor; (9) Appoint an attorney in fact to act for the conservator when the conservator is unable to act; provided, however, that the conservator and the conservator s sureties shall be bound for the acts of the attorney as if the acts were the personal acts ofthe conservator; (10) Invest the minor's property pursuant to the provisions of Code Sections 29-3-32 and 29-3-33; (II) Sell the minor s stocks and bonds pursuant to the provisions ofsubsection (b) of Code Section 29-3-35; ( I2) Compromise any contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is in the amount of$I5,000.00 or less; and

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(13) Release the debtor and compromise all debts in the amount of$15,000.00 or less when the collection ofthe debt is doubtful. (b)( I) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power to:
(A) Invest the minor's property in investments other than those authorized in Code Section 29-3-32, pursuant to the provisions of Code Section 29-3-34, without further court approval of any investment; (B) Sell, rent, lease, exchange, or otherwise dispose of any or all of the minor s real or personal property without complying with the provisions of Code Section 29-3-35, other than the provisions for additional bond set forth in subsection (e) ofCode Section 2-3-35; or (C) Continue the operation of any farm or business in which the minor has an interest (2) Unless the request for the powers described in paragraph (I) of this subsection is made in the petition for the initial appointment ofthe conservator, the court shall order such hearing as the court deems appropriate. Notice shall be given by personal service to the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any; the surety on the conservator s bond; and to the following relatives ofthe minor whose whereabouts are known: (A) Any parent of the minor whose parental rights have not been terminated; (B) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need to be notified; (C) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need to be notified; (D) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined as set forth in Code Section 53-2-1 of the Revised Probate Code of 1998. (c) Aft.er appointment of a guardian ad litem for the minor and such hearing as the court deems appropriate, in granting the petition for appointment of conservator or at any time during the conservatorship, the court may grant the conservator any ofthe following powers on a case-by-case basis: (I) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount which has been approved by the court pursuant to Code Section 29-3-30 for the support, care, education, health, and welfare ofthe minor; (2) To enter into contracts for labor or services for which the compensation payable under the contracts when combined with other disbursements from the estate exceeds the annual income or, if applicable, the annual budget amount which has been approved by the court. pursuant to Code Section 29-3-30;

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(3) To make specific investments of the minor's property that do not comply with the provisions of Code Section 29-3-32, pursuant to the provisions of Code Section 29-3-34; (4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the minor's real or personal property without complying with the provisions of Code Section 29-3-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 2-3-35; (5) Pursuant to the provisions of Code Section 29-3-3, to compromise a contested or doubtful claim for or against the minor if the proposed gross settlement as defined in Code Section 29-3-3 is more than the amount of $15,000.00; (6) To release the debtor and compromise a debt which is in the amount of $15,000.00 or more when the collection ofthe debt is doubtful; (7) To establish or add property to a trust for the benefit of the minor; provided, however, that the trust must provide that the minor may revoke the trust at any time after reaching the age of majority and, unless otherwise provided by court order pursuant to Code Section 29-3-36, the trust shall terminate upon the minor's death and any property remaining in the trust shall be paid to the minor's estate; (8) To disclaim or renounce any property or interest in property of the minor in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998; (9) To engage in estate plamling for the minor pursuant to the provisions of Code Section 29-3-36; and (1 0) To perform such other acts as may be in the best interest ofthe minor. (d) In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, ifthere is no guardian, of others who have custody ofthe minor. (e) In performing any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody ofthe minor.

29-3-23. (a) The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property. (b) The conservator must promptly disclose any conflict of interest between the conservator and the minor when it arises or becomes known to the conservator and seek the court's determination as to whether the conflict is insubstantial or whether it is in the best interest of the minor for the conservator to continue to serve and not forfeit any property right If the court finds that the conflict of interest is substantial or contrary to the best interest of the minor, the conservator may either resign or forfeit the property interest that is the source of the conflict. (c) A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator or the spouse,

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descendant, agent, or lawyer of the conservator or a corporation or other enterprise in which the conservator has a significant beneficial interest.

29-3-24. Before entering upon the duties of the appointment, every conservator appointed pursuant to the tenns of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oath or affirmation of a conservator may be subscribed before the judge or clerk of any probate court of this state. The judge ofthe probate court who appoints the conservator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.

ARTICLE 3

29-3-30. (a) Within two months of appointment, the conservator shall file with the court and provide to the minor s guardian, if any, an inventory of the minor s property and a plan for managing, expending, and distributing the property. (b) The inventory shall describe all the assets and liabilities of the minor and shall include a list of all the personal and real property owned by the minor and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returns, that the inventory contains a true statement of all the assets and liabilities of the minor which are known to the conservator. (c) The plan for managing, expending, and distributing the minor's property must be based on the actual needs of the minor and take into consideration the best interest of the minor. The conservator shall include in the plan projections for expenses and resources and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of funds in excess of tl1e anticipated income from the property must be approved by the court. With each annual return filed iliereaft.er, the conservator shall file wiili ilie court and provide to the guardian, if any, an updated plan pursuant to ilie provisions of this subsection.

29-3-31. (a) A conservator may retain ilie property received by the conservator on the creation of ilie conservatorship, including, in ilie case of a corporate fiduciary, stock or oilier securities of its own issue, even iliough ilie property may not otherwise be a legal investment and shall not be liable for ilie retention, except for gross neglect. In ilie case of corporate securities, ilie conservator may likewise retain any securities into which the securities originally received may be converted or which may be derived ilierefrom as a result of merger,
consolidation, stock dividends, splits, liquidations, and similar procedures; and

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the conservator may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. (b) In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities ofthe corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally
held; and such authority shall also apply to the continued retention of all new
stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authority shall have reference, inter alia, .to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed
or already existing, and whether or not any of the corporations own assets
identical or similar to the assets of or carry on business identical or similar to the corporation whose stock or securities were previously received by the fiduciary
and the continued retention of stock or securities, or both, of the holding
company; and such authority shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common .with the corporation whose stock or securities were previously received by the
fiduciary.

29-3-32. A conservator is authorized to invest estate fimds in the following and shall not otherwise be liable for such investment, except in the case of gross neglect:
(1) Bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds; (2) Bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 ofArticle 2 of Chapter 82 of Title 36; (3) Bonds and other securities issued by this state or by the Board of Regents ofthe University System of Georgia; (4) Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds ofwhich are guaranteed by the United States government; (5) Interest-bearing deposits in any financial institution located in this state, to the extent the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or comparable insurance; (6) Bonds or other obligations issued by a housing authority pursuant to Article 1 of Chapter 3 of Title 8 or issued by any public housing authority or agency of the United States when such bonds or other obligations are secured

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by a pledge of ammal contributions to be paid by the United States government or any agencythereo:t; as authorized by Code Section 8-3-81; (7) Bonds or other obligations issued by a housing authority in connection with a redevelopment program pursuant to Chapter 4 of Title 8, as authorized by Code Section 8-4-11; (8) Bonds issued by the Georgia Education Authority, pursuant to Part 3 of Article 11 of Chapter 2 ofTitle 20, as authorized by Code Section 20-2-570; (9) Bonds issued by tl1e Georgia Building Authority (Hospital), pursuant to Article 2 of Chapter 7 of Title 31, as authorized by Code Section 3 1-7-27; (10) Bonds issued by the Georgia Highway Authority, pursuant to Code Section 32-10-30, as authorized by Code Section 32-10-45; (11) Bonds or other obligations issued by a municipality or county pursuant to Chapter 61 of Title 36 or by any urban redevelopment agency or housing authority vested with urban redevelopment project powers under Code Section 36-61-17, provided that such bonds or other obligations are secured by an agreement between the issuer and the federal governnwnt in accordance with Code Section 36-61-13, as authorized by Code Section 36-61-13; (12) Bonds issued by the Georgia Building Authority (Penal), pursuant to Chapter 3 of Title 42, as authorized by Code Section 42-3-21; (13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, 12 U.S.C. Sections 2001, et seq., and any notes, bonds, debentures, or other sinlilar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286; (14) Real property loans, as authorized by Code Section 53-12-284:
(A) Which are not in default; (B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and (D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and (15) Any other investments which are designated under the laws of this state as lawful or legal investments for guardians or conservators.

29-3-33. (a) Whenever by law or by court order the conservator is authorized, permitted. required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States govermnent, or obligations of the agencies of the United States government enumerated in Code Section 29-3-32, the conservator may invest in and hold such obligations either directly or in the form of securities or other

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interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 u.s.C. Sections 80a-1, et seq., so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (b) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

29-3-34. (a) After receiving court approval as required in subsection (b) or (c) of Code Section 29-3-22, in making investments and in acquiring and retaining those investments and managing property of the minor, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making such investment decisions, a conservator
may consider the general economic conditions, the anticipated tax consequences
of the investments, the anticipated duration of the account, and the needs of the minor. (b) Within the limitations ofthe standard provided in subsection (a) of this Code section and with prior approval by the court in accordance with Code Section 29-5-23, a conservator is authorized to acquire and retain every kind ofproperty, including real, personal, or mixed and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-l, et seq. The propriety of an investment is to be determined by what the conservator knew or should have known at the time of the decision about the inherent nature and expected performance of a particular investment, including probable yield, the attributes of the portfolio, the general economy, and the needs of the minor as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the minor s portfolio as a whole. Within the limitations of such standard, a conservator may retain property properly acquired without limitation as to time and without regard to its suitability for original purchase.

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(c) A conservator that is a financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

29-3-35. (a) A conservator may sell perishable property of the minor, property of the minor that is liable to deteriorate from keeping, or property of the minor that is expensive to keep as early as practicable and in the manner as the court shall determine is in the best interest of the minor, after notice and opportunity for hearing, if any, as the court shall deem practicable under the circumstances. (b) A conservator may sell stocks or bonds of the minor that are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia at a sales price not less than the stock exchange bid price or the published bid price at the time of sale and pay reasonable brokerage commissions not in excess of those customarily charged by stock exchange members. (c) Except as otherwise provided in subsections (a) and (b) of this Code section, a conservator may petition the court to sell, rent, lease, exchange, or otherwise dispose of property of the minor, whether real or personal or mixed. The petition shall set forth the property involved and the interests therein, the specific purpose of the transaction, the proposed price, the anticipated net proceeds of the sale, all other terms or conditions proposed for the transaction, and that the proposed transaction is in the best interest ofthe minor. (d) Upon the filing of the petition, the court shall appoint a guardian ad litem for the minor. The petition and notice shall be served personally on the minor and the guardian ad litem. (e) If no written o~jection by a person notified pursuant to subsection (d) of this Code section is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the court shall order the sale summarily in the manner and under the terms petitioned; provided, however, that if real property is to be converted to personal property, the court shall order the conservator to post additional bond to cover the amount of the anticipated net proceeds of the sale prior to the closing of the sale. If an objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the minor, which may require the sale to be private or at public auction, including confirmation ofthe sale by the court or otherwise. (f) A conservator shall make a full return to the court within 30 days of every sale, specifYing the property sold, the purchasers, and the amounts received together with the terms ofthe sale.

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(g) The recital in the conservator s deed of a compliance with legal provisions
shall be prima-facie evidence ofthe facts recited.
(b) Where a conservator sells real property under the provisions of this Code section, liens thereon may be divested and transferred to the proceeds of the sale
as a condition of the sale.
(i) A temporary substitute conservator is authorized to petition the court for leave to sell or otherwise deal with the property of the estate only if good cause is shown for not waiting until a different type of conservatorship is created or the
conservatorship is terminated.

29-3-36. (a) After notice to interested parties and other persons as the court may direct, and upon a showing that the minor shall probably remain in need of a conservator tbroughout the minor's lifetime and that it is in the best interest of the minor, the court may order the conservator to apply such principal or income of the minor
as is not required for the support, care, education, health, and welfare of the
minor toward the establishment or continuation of an estate plan for the minor
and make transfers of the minor s personal or real property, outright or in trust,
provided that the court finds that a competent, reasonable person in the minor s circumstances would make such transfers and there is no evidence that the minor, ifnot in need of a conservator, would not adopt such an estate plan. (b) Prior to authorizing such transfers, the court shall appoint a guardian ad litem fur the minor and shall consider:
(1) The composition and value of the entire estate of the minor, other known sources ofsupport available to the minor, and the income produced thereby; (2) The probable expenses for the support, care, education, health, or welfare
of the minor for the remainder of the minor's lifetime in the standard of living to which the minor has become accustomed; (3) The identity ofthe proposed transferees and, in particular, whether they are 'natural objects of the minor s bounty by relationship or prior behavior of the
minor; (4) The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; (5) Any previous history or predisposition toward making similar transfers by
the minor.

ARTICLE4

29-3-40. (a) A conservator appointed by the court shall give bond with good and sufficient security. '(b) A financial institution, trust company, national or state bank, savings bank, Or savings and loan association described in Code Section 7-1-242 that seeks to quality as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less

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than $3 million as reflected in its last statement filed with the Comptroller of the Currency ofthe United States or the commissioner ofbanking and finance. (c) The clerk of the court shall record bonds in books kept for that purpose and shall retain custody ofthe bonds.
29-3-41. (a) The bond of a conservator shall be:
(I) Secured by an individual who is a domiciliary of this state or by a licensoo commercial surety authorized to transact business in this state; (2) Payable to the court for the benefit ofthe minor; (3) Conditioned upon the faithful discharge of the conservator's duty, as is required by law; and (4) Attested by the judge or clerk ofthe court.. (b) The court may order a conservator who is required to give bond to post bond fur a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. (c) The bond shall be in a value equal to double the estimated value of the minor" s estate; provided, however, that the bond shall be in an amount equal to the estimated value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon but, upon conversion ofthe real property into personal property, a bond shall be given based upon the value of the estate, including the value ofthe personal property into which the real property was converted. (d) Substantial compliance with these requirements for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requirements as to payee, amount, or condition, where the manifest intention was to give bond as conservator and a breach of the fiduciary's duty as such has been proved.
29-3-42. If the value of the minor s bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator.

29-3-43. (a) When it comes to the attention of the court, either by annual return or otherwise:
(1) That additional personal property has accrued to the minor by descent, gift, or otherwise or that for any other reason the bond or security ofthe conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-3-40; or

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(2) That the bond or security is otherwise insufficient in the judgment of the
court, the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator s bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with code Section 29-3-82. (b) When it comes to the attention of the court that the surety on the conservator" s bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator" s bond Ifthe conservator fails to comply with the notice, the court. may revoke the letters of conservatorship in accordance with Code Section 29-3-82.

29-3-44. (a) A conservator who is required to give bond, and who has given as security on such bond one or more licensed commercial sureties, may pay any bond premiwn from the estate. (b) When the guardian is required to give bond pursuant to Code Section 29-2-25, the conservator shall pay any bond prerniwn from the estate.

29-3-45. If the appointment of a conservator for any cause is declared void, the surety of
that conservator shall nevertheless be responsible on the bond for any property
received by the conservator.

29-3-46. The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies and leaves an unrepresented estate, or is in such a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator s representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person s representative capacity.

29-3-47.
(a) When a judgment has been obtained against the conservator or the surety on
the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi fa. (b) The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized

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to grant judgment and execution in favor of the surety against the conservator upon payment ofthe judgment by the surety.

29-3-48. In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety.

29-3-49. (a) The surety on the bond of any conservator or, if the surety is dead, the surety s personal representative, may at any time petition the court regarding any misconduct of the conservator in the discharge of the conservator s trust or to show the court. its desire for any reason to be relieved as surety. The death of a surety shall be a sufficient ground for the discharge of the surety from future liability. (b) Upon a petition by the surety or the surety's personal representative, the court shall cite the conservator to appear and show cause, if any, why the surety should not be discharged. After hearing the parties and the evidence, the court, in its discretion, may issue an order discharging the surety from all future liability and requiring the conservator to give new and sufficient security or be removed as conservator. (c) If new security is given, the discharged surety shall be discharged only from liability fur future misconduct of the conservator from the time the new security is given. The new surety shall be liable for past as well as future misconduct of the conservator. (d) If new security is not given and the conservator is removed, the discharged surety shall be bound for a true accounting of the conservator with the successor conservator or with the minor if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up to the time of the settlement with the new conservator or the minor.

ARTICLES

29-3-50. (a) Other than an emergency conservator or a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to:
(l) Two and one-half percent commission on all sums of money received by the conservator on account ofthe estate, except on money loaned by and repaid to the conservator, and 2 112 percent commission on all sums paid out by the conservator; (2) An additional commission equal to one-half of I percent computed on the market value of the estate as of the last day of the reporting period. This

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commission shall be proportionately reduced for any reporting period of less than 12 months; (3) Ten percent commission on the amount of interest made if, during the course of the conservatorship, the conservator shall receive interest on money loaned by the conservator in that capacity and shall include the same on the return to the court so as to become chargeable with the interest as a part of the corpus ofthe estate; (4) Reasonable compensation, as determined in the discretion of the court and after such notice, if any, as the court shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the court., irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the court and irrespective of whether the property, except money, is tangible or intangible or personal or real; and (5) In the discretion of the court, compensation for working land for the benefit of the minor, but not to exceed 10 percent of the annual income of the managed property. (b) Whenever any portion of the dividends, interest, or rents payable to a conservator is required by law of the United States or other governmental unit to ,be withheld by the person paying the same for income tax purposes, the amount withheld shall be deemed to have been collected by the conservator. (c) Where some or all of the estate passes through the hands of several conservators by reason of the death, removal, or resignation of the first qualified conservator or otherwise, the estate shall not be subject to diminution by charges of commission of each successive conservator holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first conservator who receives the property for the benefit ofthe estate or that person s representative, and commissions for paying out shall be paid to the conservator
who actually distributes the fund, and no commissions shall be paid for handing
over the fund to a successor conservator. If there is more than one conservator serving simultaneously, the division of the compensation allowed them shall be according to the services rendered by each. '(d) A conservator shall not be entitled to any commissions for any sums paid to
any conservator ofthe estate as commissions or other compensation.
(e) Conservators who fail to make annual returns as required by law shall forfeit all commissions for transactions during the year within which no return is made unless the probate court, upon cause shown, shall by special order entered on the record, relieve them from the forfeiture. :(f) A conservator may renounce the right to all or any part of the compensation to which the conservator is entitled under this Code section.

;'29-3-51.
,Conservators shall be allowed reasonable expenses incurred in the administration ofthe estate, including without limitation, expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond.

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Such reasonable expenses shall be detennined after notice, if any, as the court shall direct. The conservator's commissions are part of the expense of administering the estate and may be charged against the corpus of the estate as well as the income ofthe estate.

29-3-52. (a) A conservator may petition the court for compensation that is greater than that allowed under Code Section 29-3-50. Service of notice of the petition for extra compensation shall be made to the minor and to a guardian ad litem appointed for the minor. Service shall be made in the manner described in Chapter 9 of this title and shall direct the parties served to file any written objections to the petition for extra compensation with the court within ten days. (b) After hearing any objection filed by or on behalf of the minor, the court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest.

29-3-53. (a) Any conservator who is a domiciliary ofthis state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the minor owns an interest in the corporation or other business enterprise, provided that:
(1) The services furnished by the conservator to the corporation or other business enterprise are of a managerial, executive, or business advisory nature; (2) The compensation received for the services is reasonable; and (3) The services are performed and the conservator is paid pursuant to a contract executed by the conservator and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the conservator and are not related to the conservator and provided the contract is approved by the court ofthe county which has jurisdiction over the conservatorship. (b) Any conservator receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 29-3-52; provided, however, that nothing in this Code section shall prohibit the receipt by the conservator of extra compensation for services rendered in respect to other assets or matters involving the estate. (c) Nothing in this Code section shall prohibit the receipt by conservators of normal commissions and compensation for the usual services performed by conservators pursuant to law. (d) The purpose of this Code section is to enable additional compensation to be paid to a conservator for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity ofpetitioning for extra compensation pursuant to Code Section 29-3-52.

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29-3-54. A temporary substitute conservator may apply to the court for reasonable coiDPensation after notice to interested parties in compliance with Chapter 9 of
this tide. The court shall award reasonable compensation to a temporary
substitute conservator and such compensation shall be the only compensation or coou:nission paid to the temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed
and compensation awarded to a temporary substitute conservator, the court may
reduce the compensation due the conservator under other provisions of this
article.
ARTICLE 6

29-3-60. (a) Each year, within 60 days of the anniversary date of qualification, every conservator shall file with the court a verified return consisting of a statement of the receipts and expenditures ofthe conservatorship during the year preceding the anniversary date of qualification, an updated inventory consisting of a statement ofthe assets and liabilities ofthe estate as ofthe anniversary date of qualification, an updated plan for managing, expending, and distributing the minor s property,
a note or memorandum of any other fact necessary to show the true condition of
the estate, and a statement of the current amount of the bond. The conservator
shall mail a copy of the return by first-class mail to the surety on the
conservator s bond and the minor s guardian, if any. Ifthe minor has no guardian
or ifthe guardian and the conservator are the same person, the conservator shall mail a copy ofthe return by first-class mail to the minor.
(b) Upon petition of the conservator or upon the court's own motion, the court may change the reporting period from the year immediately preceding the anniversary date ofqualification to the year immediately preceding a date ordered .by the court. In lieu of changing the reporting date, the court is authorized to accept a return for filing even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order ofthe court, unless the court also enters an order changing the reporting date. (c) The court shall carefully examine each return of a conservator and, upon petition of any interested person or upon the court's own motion, may require the conservator to produce the original documents that support the return. Except as otherwise provided in this subsection, if no objection is filed within 30 days of the time the conservator's return is filed, the court shall record the return within 60 days of its filing. The return shall be kept on file in the court. The recorded return shall be prima-facie evidence of its correctness. If there is an objection to the return or if the court on its own motion determines that the conservator may have wasted the property of d1e minor or failed in any manner to comply wid1 applicable law, the court shall hold a hearing or take such other action as the court deems appropriate.

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(d) The court shall keep a docket of conservators liable to file returns. Upon the failure of any conservator to file any return within the time frame required by law, the court shall cite the conservator to appear and show reason for the delay. A conservator who fails to file an annual return as required by law shall forfeit all commissions and other compensation for the year within which no return is filed unless otherwise ordered by the court. A willful and continued failure to file a retum shall be good cause for removal.

29-3-61. (a) At any time aft.er the six-month period following qualification, but not more frequently than once every 24 months, a conservator may petition the court for an interim settlement of accounts. The court shall appoint a guardian ad litem for the minor upon the filing ofthe petition for interim settlement. (b) The petition for an interim settlement of accounts shall be accompanied by a report which shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:
(I) The period which the report covers; (2) The name and address of the minor, the name and address of the minor's guardian, if any, and the name ofthe surety on the conservator s bond, with the amount ofthe bond; and (3) Such other facts as the court may require. (c) The court, upon the petition for an interim settlement of accounts being filed shall issue a citation and shall require any o~jections to be filed in accordance with Chapter 9 of this title. The minor and the guardian ad litem shall be served personally, and the minor s guardian, if any, and the surety of the conservator's bond shall be served by first-class mail.

29-3-62. Any interested person may file an objection to the conservator s interim settlement of accounts. Upon receipt of objections or on the court. s own motion, the court. shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the conservator shall be discharged from liability for the period covered by the interim settlement of accounts.

29-3-63. lfthe court finds that the conservator is liable to the minor, the court shall enter a judgment against the conservator and any surety in the amount of such liability.

29-3-64. (a) The conservatorship of a minor shall terminate on the date upon which tht minor reaches 18 years of age or, earlier, if the minor becomes emancipated Proof of emancipation shall be filed with the court and where the court. deem! appropriate, the court may order a hearing on the issue of termination. (b) Within six months prior to the date the minor reaches 18 years of age, the conservator or any other interested person may file a petition for the appointment

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of a conservator for the minor when that minor becomes an adult, in accordance with the provisions ofArticle 2 of Chapter 5 ofthis title, to take effect on the date the minor reaches 18 years of age. (c) The death of the minor automatically terminates the conservatorship, but the conservator or the conservator s personal representative must comply with the provisions in Code Section 29-3-70. (d) Upon termination of the conservatorship, the conservator shall deliver any Jll()ney or property to the former minor or, if a conservator has been appointed for the furmer minor, to that conservator, or, if the minor is deceased, to the minor's personal representative.
ARTICLE 7

29-3-70. (a) Upon the termination of the conservatorship or upon the resignation of the .conservator, the conservator may petition the court for an order dismissing the .conservator from office. The petition shall include a final return to the court which covers the period from the last annual return filed by the conservator. The final return shall contain the information required for annual returns and shall otherwise comply with the provisions of Code Section 29-3-60. Notice shall be published one time in the newspaper in which sheriffs advertisements are published in the coWlty in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which date shall not be less then 30 days ftom the date ofpublication. The court shall examine any objections filed. (b) Ifno o~jection is filed or it; upon hearing any objection, the court is satisfjed that the order dismissing the conservator from office is appropriate, the court shall enter an order dismissing the conservator from office. Such order shall not bar an action against the conservator or the conservator s surety.

29-3-71. (a) A minor who has reached the age of majority, the personal representative of a deceased minor, a successor conservator, or any interested person may petition the court for an order requiring a conservator or that conservator s personal representative to appear and submit to a final settlement of the conservator s 3CCOW1ts. Alternatively the court on its own motion may issue such an order. The settlement period shall be the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of 3CCOWlts. If the conservator fails or refuses to appear as cited, the court may 'Proceed without the appearance of the conservator. If the conservator has been required to give bond, the surety on the bond shall be boWld by the settlement if the surety is given notice by first-class mail ofthe settlement proceeding. (b) A conservator, a former conservator, the conservator of a conservator, or the personal representative of a deceased conservator shall be allowed to cite the minor, the minor s personal representative, or a successor conservator to appear

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and be present at a final settlement of the conservator's accmmts and discharge from liability in the manner provided for in subsection (a) of this Code section. The settlement period shall be the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. Notice by first-class mail of the settlement proceeding must be given to the surety on the conservator s bond and to the minor's guardian, if any. If the minor has not reached 18 years of age or if the conservator is the minor's personal representative, the court shall appoint a guardian ad litem for the minor who shall be served personally. (c) Upon the return of a notice referred to in subsections (a) and (b) ofthis Code section, the court shall proceed to examine all returns and accounts of the conservator during the settlement period and to hear any objection to the settlement and discharge. (d) The court shall order any property in the hands of the conservator to be delivered to the minor, the minor s personal representative, or to the successor conservator and shall issue a judgment, writ of fieri facias, and execution thereon for any sums found to be due from the conservator. If the court is satisfied that the conservator has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the conservator from all liability.

ARTICLE 8

29-3-80. (a) A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator acting on behalf ofthe conservator may resign upon petition to the court showing to the satisfaction of the court that:
(1) The conservator is unable to continue serving due to age, illness, infirmity, or other good cause; (2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the conservator was qualified and the additional burdens work a hardship upon the conservator; (3) Disagreement exists between the minor and the conservator or between the guardian and the conservator in respect to the conservator s management ofthe minor s property, which disagreement and conflict appear to be detrimental to the minor; (4) The resignation of the conservator will result in or permit substantial financial benefit to the minor; or (5) The resignation would not be disadvantageous to the minor. (b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship. (c) Personal service of the petition for resignation shall be made upon the minor and a guardian ad litem appointed by the court for the minor. Service shall be made by first-class mail to the guardian of the minor, if any, the surety on the

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conservator's bond, and to the following relatives of the minor who are persons other than the resigning conservator or the proposed successor conservator:
(1) Any parent of the minor whose parental rights have not been terminated; (2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; (4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to 53-2-1 of the Revised Probate
Code of 1998. (d) I( after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-3-91 and shall accept the conservator s resignation, subject to the resigning conservator turning over to the successor conservator all property held by the
. conservator.

29-3-81. (a) In the event of the death of a conservator and upon the petition of an interested person or upon the court s own motion, the court shall appoint a successor conservator. The court shall notifY the minor and a guardian ad litem appointed for the minor by personal service. Notice shall be given by first-class
mail to the guardian ofthe minor, if any, the surety on the conservator s bond, the
personal representative of the deceased conservator, if any, and, in the following order of preference, and to the following relatives of the minor who are persons other than the proposed successor conservator:
(1) Any parent of the minor whose parental rights have not been terminated; (2) If there is no parent of the minor whose parental rights have not been terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served; (3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or (4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998. {b) After such hearing as the court deenlS appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-3-91 and require the personal representative of the deceased conservator to turn over to the successor conservator all property of the minor held by the conservator.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

29-3-82. (a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of conservatorship or to impose sanctions, the court shall cite the conservator to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute conservator to take possession of and to administer the minor's property during the investigation. (b) Upon investigation the court may in its discretion:
(I) Revoke or suspend the letters of conservatorship; (2) Require additional security; (3) Require the conservator to appear and submit to a settlement of accounts following the procedure as set forth in Code Section 29-3-71, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed; (4) Reduce or deny compensation to the conservator or impose such other sanction or sanctions as the court deems appropriate; and (5) Issue such other orders which the court deems appropriate under the circumstances of the case. (c) The revocation or suspension of letters of conservatorship shall not abate any action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.

29-3-83. (a) If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a minor or an interested person on behalfof the minor shall have a cause of action as appropriate:
(1) To recover damages; (2) To compel performance ofthe conservator s duties; (3) To enjoin the commission of a breach offiduciary duty; or (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the minor s assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

29-3-84. All actions against a conservator, except on a conservator s bond, shall be brought within six years of the termination of the conservatorship of the minor, except as provided in Code Section 9-3-90.

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ARTICLE 9

29-3-90. (a) Upon its own motion or on the petition of any interested party, including the JDinor, the court may appoint a temporary substitute conservator for a minor if it appears to the court that the best interest of the minor requires immediate action. (b) The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest ofthe
JDinor. (d) Except as otherwise ordered by the court, a temporary substitute conservator bas the powers set forth in the order of appointment. The authority of the previously appointed conservator is suspended for as long as the temporary substitute conservator has authority. (e) Notice of the appointment of a temporary substitute conservator shall be served personally on the minor. Notice of the appointment shall be served personally on the previously appointed conservator at the last address provided by that conservator to the court. Notice of the appointment shall be mailed by first-class mail to the surety of the previously appointed conservator and to the minor's guardian, if any. (f) The court may remove the temporary substitute conservator at any time. A ttmporary substitute conservator shall make any report and shall give any bond the court deems appropriate. In all other respects, the provisions of this chapter apply to the temporary substitute conservator.

29-3-91. (a) The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the minor. The court shall select the successor conservator in the manner provided in Code Section 29-3-7. (b) In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided
.,rin Code Sections 29-3-80 and 29-3-81. In all other cases, notice ofthe proceeding appointment of a successor conservator shall be served personally on the minor and a guardian ad litem appointed for the minor. Notice shall be given by first-class mail to the guardian of the minor, if any, and to the following relatives
ofthe minor, in the following order ofpreference, who are persons other than the
proposed successor conservator: (1) Any parent of the minor whose parental rights have not been terminated; (2) If there is no parent of the minor whose parental rights have not been
terminated, the adult siblings of the minor; provided, however, that not more than three adult siblings need be served; or (3) If there is no adult sibling of the minor, the grandparents of the minor; provided, however, that not more than three grandparents need be served; or

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(4) If there is no grandparent of the minor, any three of the nearest adult relatives of the minor determined according to Code Section 53-2-1 of the Revised Probate Code of 1998. (c) After any hearing the court deems appropriate the court shall enter an order appointing the successor conservator and require that bond be posted in the amount set forth in Code Section 29-3-40.

29-3-92. Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property ofthe minor held by the conservator and shall submit a final return covering the period since the conservator's last annual return. The surety of the predecessor conservator shall be liable for all acts ofthe
conservator in relation to the minor's property up to the time of the receipt of all
ofthe minor's property by the successor conservator.

ARTICLE 10 Part 1

29-3-100. (a) A conservator may petition to remove the conservatorship to the jurisdiction ofthe court ofthe county in this state in which the minor resides. (b) Upon the filing of a petition to remove the conservatorship to another county in this state, the court shall appoint a guardian ad litem for the minor. The court of the county in which the conservator was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest ofthe minor. (c) Before the removal of the conservatorship to another county in this state, the
conservator must give bond and good security to the court of such county as if the conservator had been first appointed by that court and a certificate to this
effect shall be filed in the court in which the conservator was appointed. The conservator shall file with the court of the county to which the conservatorship is to be removed certified copies of all the records pertaining to the conservatorship. (d) Following removal of a conservatorship to another county in this state, the court to which the conservatorship is removed shall have the same jurisdiction over the conservator as ifthe conservator had been first appointed in that county.
and every case growing out of or affecting the conservatorship shall be heard and
tried only in the county to which the conservatorship has been removed. (e) The sureties on the conservator s first bond shall be liable only for misconduct of the conservator up until the giving of new bond and security. The sureties on the new bond shall be liable for both past and future misconduct of the conservator. (f) The court in which an action or proceeding is pending or which has issued aD order for a settlement of accounts, removal, or sanction of a conservator shall

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retain jurisdiction of such matters even though the conservatorship has been rerooved to another county.
Part 2

29-3-105. (a) For purposes of this part and Part 3 of this article, the term 'conservatorship' refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of a minor, thereby becoming a conservator. (b) A conservator who has been appointed by a foreign court. of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the minor resides or
may reside. (c) The petition shall include the following:
(1) An authenticated copy ofthe foreign conservatorship order, including: (A) All attachments describing the duties and powers of the conservator;
and (B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship; (2) The address ofthe foreign court which issued the conservatorship order; (3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have .been filed; (4) The petitioner s name, address, and county of domicile; (5) The name, age, and current address ofthe minor; (6) The names and current addresses of the adult siblings of the minor, if any; (7) The name and address of the person responsible for the care and custody ofthe minor, if other than the petitioner, and of any other conservator currently serving; (8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the minor; (9) The name and address of the minor s guardian, if any; (1 0) The name and address ofthe surety on the conservator s bond; (11) The reason the transfer is in the minor" s best interest; and (12) To the extent known to the petitioner, a statement of the location and estimated value of the minor s property and the source and amount of any anticipated income or receipts. (d) The petition may be combined with other petitions related to the conservatorship, including a petition to modifY the terms of the conservatorship.

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29-3-106. (a) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the minor. The notice shall:
(1) State that the minor has a right to a hearing on the petition; (2) Inform the minor of the procedure to exercise the minor" s right to a hearing; and (3) State that the minor has the right to independent legal coWlSel and that the court shall appoint legal coWlSel for the minor llllless the minor has retained colUlsel or legal colUlsel has been appointed by the foreign court to represent the minor in the transfer ofthe conservatorship. (b) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be provided to the court from which the conservatorship is to be transferred. Notice to the foreign court shall include a request that the foreign court: ( 1) Certify whether:
(A) The foreign court has any record that the conservator has engaged in malfeasance, misfeasance, or nonfeasance during the conservator's appointment; (B) Periodic reports have been filed in a satisfactory manner; and (C) All bond or other security requirements imposed lUlder the conservatorship have been performed; (2) Forward copies of all documents filed with the foreign court relating to the conservatorship, including but not limited to: (A) The initial petition for conservatorship and other filings relevant to the appointment of the conservator; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness ofthe conservatorship; (C) Reports of physical and mental health practitioners describing the condition ofthe minor; (D) Periodic status reports on the condition of the minor and the minor's assets; and (E) The order to transfer the conservatorship, if any. (c) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be mailed to all other persons named in the petition by first-class mail. The notice shall inform these persons of their right to object to the receipt and acceptance ofthe conservatorship by this state. (d) The minor shall have 30 days from the date of service of the petition for receipt and acceptance of the foreign conservator to request a hearing on the petition. All other persons to whom notice is given lUlder this Code section shall have 30 days from the mailing of the notice to request a hearing on the petition. (e) The court may waive the notice requirements of subsections (a) through (c) ofthis Code section if:
(1) The conservator has filed a petition in the foreign court for transfer and
release ofthe conservatorship to this state;

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(2) Notice was given to the minor and all interested persons in conjWlction with the petition for transfer and release of the conservatorship; (3) The petitioner provides the court with an authenticated copy of the petition for transfer and release of the conservatorship filed with the foreign court and proof that service was made on the minor not more than 90 days from the date the petition for receipt and acceptance of the conservatorship is filed in the court; and (4) The minor is represented by legal COWlsel with respect to the petition in the
foreign court.

29-3-107. (a) Upon the court s own motion or upon timely motion by the minor or by any
interested person, the court shall hold a hearing to consider the petition for receipt
and acceptance ofthe foreign conservator.
(b) If any interested person challenges the validity of the foreign conservator or the authority of the foreign court to appoint the conservator, the court may stay
this proceeding while the petitioner is afforded the opportWlity to have the
fureign court hear the challenge and determine its merits.

29-3-108. (a) The court may grant a petition for receipt and acceptance of a foreign .Conservatorship provided the court finds that:
(1) The conservator is presently in good standing with the foreign court; and (2) The transfer of the conservatorship from the foreign jurisdiction is in the best interest ofthe minor. (b) The court may require the conservator to file an inventory of the minors property at the time of the transfer from the foreign jurisdiction. (c) Subject to subsection (d) of this Code section, at all times following the entry ,1of the order accepting the guardianship, the laws of the State of Georgia shall apply to the conservatorship. (d) In order to coordinate efforts with the foreign court to facilitate the orderly transfer ofthe conservatorship, the court is authorized to: (1) Delay the effective date of the receipt and acceptance for a reasonable period oftinw; (2) Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the conservatorship or to tenninate the conservatorship and discharge the conservator in the foreign jurisdiction; or (4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance ofthe conservatorship. (e) The denial of a petition for receipt and acceptance of the foreign conservatorship does not affect the right of a conservator appointed by a foreign

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court ofcompetent jurisdiction to petition for conservatorship llllder Code Section 29-3-8.

Part 3

29-3-110. (a) A conservator may petition the Georgia court which has jurisdiction over the conservatorship to transfer the conservatorship to a foreign court of competent jurisdiction ifthe minor has moved permanently to the foreign jurisdiction. (b) The minor may be preswned to have moved permanently to the foreign jurisdiction if
(1) The minor has resided in the foreign jurisdiction for more than 12 consecutive months; (2) The conservator notifies the court. that the minor will move or has moved permanently to the foreign jurisdiction; or (3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship for the minor in the foreign jurisdiction. (c) To facilitate the transfer of conservatorship the court. may order the conservator to file a petition for receipt and acceptance of the conservatorship in the foreign jurisdiction. (d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.

29-3-111. The petition to transfer a conservatorship to a foreign jurisdiction shall include the following:
(1) The name and address of the foreign court to which the conservatorship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign conservatorship if previously filed in the foreign court; (2) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses of the courts where the petitions have been filed; (3) The petitioner s name, address, and collllty of domicile; (4) The name, age, and current address of the minor and the new or proposed address of the minor; (5) The names and current addresses of the adult siblings of the minor, if any; (6) The name and address of the person responsible for the care and custody ofd1e minor, if other than the petitioner, and of any other conservator currently serving; (7) The name and address ofthe minor's guardian, if any; (8) The name and address ofthe surety on the conservator s bond; (9) The name and address of any legal representative, other than the petitioner, including any legal colUlsel, guardian ad litem, or court visitor appointed by the foreign court for the minor;

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(I O) The reason for moving the minor; and (11) The reason the transfer of the conservatorship is in the minor's best interest.

29-3-112. (a) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the minor not less than ten days prior to the date set for the hearing. The notice shall state:
(I) The date that the hearing shall be held; and (2) That the minor has the right to independent legal counsel and that the court shall appoint legal cmmsel for the minor unless the minor has retained counsel or legal counsel has been appointed by the foreign court to represent the minor in the receipt and acceptance ofthe guardianship. (b) Notice and a copy of the petition to transfer the conservatorship shall be provided to the foreign court to which the conservatorship is to be transferred. (c) Notice and a copy of the petition to transfer the conservatorship shall be mailed to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer of the conservatorship by this state.

29-3-Il3. Upon the court s own motion or upon timely motion by the minor or by any interested person the court shall hold a hearing to consider the petition to transfer the conservatorship.

29-3-114. (a) The court may grant a petition to transfer a conservatorship to a foreign court ofcompetent jurisdiction ifthe court finds that:
(I) The conservator is presently in good standing with the court; and (2) The transfer of the conservatorship to the foreign jurisdiction is in the best interest ofthe minor. (b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer ofthe conservatorship, the court is authorized to: (I) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the conservatorship have been performed; (2) Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment ofthe conservator; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court. to evaluate the appropriateness of the conservatorship;

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(C) Reports of physical or mental health practitioners describing the condition ofthe minor; and (D) Periodic status reports on the condition of the minor and the minor's assets; and (3) Require the conservator to file an inventory of the minor's property at the time ofthe transfer to the foreign jurisdiction. (c) As necessary to coordinate the transfer of the conservatorship the court is authorized to: (1) Delay the effective date of the transfer for a reasonable period oftime; (2) Make the transfer contingent upon the acceptance of the conservatorship or appointment of the conservator in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or (4) Make other arrangen1ents that in the sound discretion of the court are necessary to transfer the conservatorship.

Part4

29-3-115. (a) For purposes of this part, a 'foreign conservator' is a conservator or othaperson who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of a minor and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions ofPart 2 ofthis article. (b) Any foreign conservator of a minor who resides in any other state and who is authorized to sell and convey property of the minor may sell property of the minor which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign conservator must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient security, in double the value of the property to be sold, for the faithful execution of the conservatorship, as provided by law.
29-3-116. A foreign conservator may institute an action in any court in this state to enforce any right or to recover any property belonging to the minor or accruing to the foreign conservator in his or her capacity as conservator.

29-3-117. Pending an action brought by a foreign conservator pursuant to Code Section 29-3-116, an authenticated copy of the letters of conservatorship shall be filed

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with the clerk of the court to become a part of the record ifthe case is pending in a court of record, or filed with the papers if the action is a slUlllTiary proceeding.

29-3-118. A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by:
(1) Receiving payment of money or taking delivery of personal property in this state belonging to the minor; or (2) Doing any act as a conservator in this state that would have given this state jurisdiction over the conservator as an individual.

29-3-119. Any resident of this state who is interested as a creditor, heir, or will beneficiary of a minor whom a foreign conservator represents may apply to the proper court to compel the foreign conservator to protect his or her interest according to {X}uity and good conscience before selling the minors assets or removing the minors assets beyond the limits ofthis state.

29-3-120. (a) A person who is indebted to or has possession of tangible or intangible property of a minor may pay the debt or deliver the property to a foreign conservator of the minor. Payment of the debt or delivery of the property may be made upon proof that the foreign conservator has been appointed and is entitled to the debt payment or to receive delivery of the property. (b) Payment of the debt or delivery of the property in response to the demand discharges the debtor or possessor, unless the debtor or possessor has knowledge ofproceedings for the appointment of a guardian, conservator, or other protective proceeding in this state.

CHAPTER4 ARTICLE 1

29-4-1. (a) The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety. (b) No guardian, other than a guardian ad litem, shall be appointed for an adult except pursuant to the procedures ofthis chapter. (c) No guardian shall be appointed for an adult unless the appointment is in the best interest ofthe adult. (d) No guardian shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a guardian for that adult unless the petitioner shows a significant change in the condition or circumstances ofthe adult.

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(e)(l) No adult shall be preswned to be in need of a guardian unless aqjudicated to be in need of a guardian pursuant to this chapter. (2) An adult shall not be presumed to be in need of a guardian solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
(A) Code Section 37-1-1; (B) Code Sections 37-3-1 through 37-3-6; (C) Articles 2 through 6 of Chapter 3 ofTitle 37; (D) Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8; (E) Articles 2 through 5 of Chapter 4 ofTitle 37; (F) Code Section 37-5-3; (G) Code Sections 37-7-1,37-7-2, and 37-7-4 through 37-7-7; and (H) Articles 2 through 6 ofChapter 7 ofTitle 37. (f) All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult's actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate.

29-4-2. (a) Only an individual may serve as guardian ofan adult. (b) No individual may be appointed as guardian of an adult who:
(1) Is a minor, a ward, or a protected person; (2) Has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment would be in the adult's best interest; or (3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.

29-4-3. (a) The court shall appoint as guardian that individual who will best serve the interest of the adult, considering the order of preferences set forth in this Code section. The court may disregard an individual who has preference and appoint an individual who has a lower preference or no preference; provided, however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) ofthis Code section only upon good cause shown. (b) Individuals who are eligible have preference in the following order:
( 1) The individual last nominated by the adult in accordance with the provisions of subsection (c) ofthis Code section; (2) The spouse of the adult or an individual nominated by the adult's spouse in accordance with the provisions of subsection (d) ofthis Code section; (3) An adult child of the adult or an individual nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section;

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(4) A parent of the adult or an individual nominated by a parent of the adult in accordance with the provisions of subsection (d) ofthis Code section; (5) A guardian appointed during the minority ofthe adult; (6) A guardian previously appointed in Georgia or another state; (7) A friend, relative, or any other individual; and (8) The county guardian or the director of the department of family and children services of the county of domicile of the adult or of the county in which the adult is found; provided, however, that the director of the county department of family and children services may delegate the guardianship duties to responsible employees ofthe department. (c) At any time prior to the appointment of a guardian, an adult may nominate in writing an individual to serve as that adulf s guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions of Code Section 31-36-5. (d) At any time prior to the appointment of a guardian, a spouse, adult child, or parent of an adult may nominate in writing an individual to serve as that adulf s guardian should the adult be judicially determined to be in need of a guardian, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of
this Code section or, if in a will, is executed in accordance with the provisions of
Code Section 53-4-20 ofthe Revised Probate Code of 1998. (e) A writing nominating the guardian of an adult:
(1) Must contain an express nomination of the individual who shall serve as guardian and must be signed or acknowledged by the individual making the nomination in the presence of two witnesses who sign in the individual s presence; and (2) May be revoked by the individual by obliteration, cancellation, or by a subsequent inconsistent writing, whether or not witnessed.

ARTICLE2

29-4-10. (a) Any interested person or persons, including the proposed ward, may file a petition for the appointment of a guardian. The petition shall be filed in the court
ofthe county in which the proposed ward is domiciled or is found, provided that
the court of the county where the proposed ward is found shall not have jurisdiction to hear any guardianship petition if it appears that the proposed ward was removed to that county solely for the purposes of filing a petition for the appointment of a guardian. (b) The petition for appointment of a guardian shall set forth:
(1) A statement ofthe facts upon which the court's jurisdiction is based; (2) The name, address, and county of domicile of the proposed ward, if known;

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(3) The name, address, and county of domicile of the petitioner or petitioners and the petitioner s relationship to the proposed ward, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as guardian and that person s relationship to the proposed ward, if any; (4) A statement of the reasons the guardianship is sought, including the facts which support the claim of the need for a guardian; (5) Any foreseeable limitations on the guardianship; (6) Whether, to the petitioner's knowledge, there exists any living will, durable power of attorney for health care, order relating to cardiopulmonary resuscitation, or other instrument that deals with the management of the person of the proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrument; (7) The names and addresses of the following whose whereabouts are known:
(A) The spouse ofthe proposed ward; and (B) All children ofthe proposed ward; or (C) If there are no adult children, then at least two adults in the following order ofpriority:
(i) Lineal descendants of the proposed ward; (ii) Parents and siblings of the proposed ward; and (iii) Friends of the proposed ward; (8) If known, the name and address of any individual nominated to serve as guardian by the proposed ward, as described in paragraph (I) of subsection (b) ofCode Section 29-4-3; (9) If known, the name and address of any individual nominated to serve as guardian by the proposed ward s spouse, adult child, or parent, as described in paragraph (2), (3), or (4) of subsection (b) of Code Section 29-4-3; (I 0) Whether any nominated guardian has consented or will consent to serve as guardian; (II) If known, whether any nominated guardian is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the proposed ward is receiving care, and, ifso, whether the nominated guardian is related to the proposed ward by blood, marriage, or adoption; ( I2) Whether an emergency guardian has been appointed for the proposed ward or a petition for the appointment of an emergency guardian has been filed or is being filed; ( I3) If known, a disclosure of any ownership or other financial interest that would cause any nominated guardian to have a conflict of interest with the proposed ward; ( I4) A specific listing of any of the additional powers, as described in subsection (b) of Code Section 29-4-23, that are requested by the guardian and a statement of the circumstances that would justifY the granting of additional powers;

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(15) Whether a guardian or conservator has been appointed in another state or whether a petition for the appointment of a guardian or conservator is pending in another state; (16) That to petitioner's knowledge, there has been no petition for guardianship denied or dismissed within two years by any court ofthis state or, if so, that there has been a significant change in the condition or circmnstances of the individual, as shown by the accompanying affidavits or evaluation; and (17) The reason for any omission in the petition for appointment of a guardian in the event full particulars are lacking, (c)( 1) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker who is authorized to practice in that facility, (2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing ofthe petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the proposed ward's health or safety (3) In addition to stating the facts that support the claim of the need for a guardian, the affidavit shall state the foreseeable duration of the guardianship and may set forth the affiant's opinion as to any other limitations on the guardianship,

29-4-11, (a) Upon the filing of a petition for guardianship of a proposed ward, the court shall review tl1e petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-1. (b) If the court determines that there is no probable cause to believe that the proposed ward is in need of a guardian, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition. (c) If the court determines that iliere is probable cause to believe iliat the proposed ward is in need of a guardian:
(1) The court shall inmlediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have a guardian appointed for ilie proposed ward, iliat the proposed ward has the right to attend any hearing that is held, and that, if a guardian is appointed,

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the proposed ward may lose important rights to control the management of the proposed ward's person; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by subsection (d) of this Code section; and (D) Inform the proposed ward of the proposed ward's right to independent legal counsel and that the court shall appoint counsel within two days of service unless the proposed ward indicates that he or she has retained counsel in that time fran1e; (2) Upon notice that the proposed ward has retained legal counsel or upon the appointment of legal counsel by the court, the court shall furnish legal counsel with a copy of the petition, the affidavit, if any, and the order for evaluation provided for by subsection (d) ofthis Code section; (3) The court shall give notice of the petition by first-class mail to all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (7), (8), and (9) of subsection (b) of Code Section 29-4-10; and (4) On the motion of any interested person or on the court's own motion, the court shall determine whether to appoint a guardian ad litem. (d)(l) Ifthe petition is not dismissed under subsection (b) ofthis Code section, the court shall appoint an evaluating physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that federal facility, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-4-10. (2) When evaluating the proposed ward, the physician, psychologist, or licensed clinical social worker shall explain the purpose ofthe evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be
inadmissable as evidence in any proceeding other than a proceeding under this
chapter. The proposed ward's legal counsel shall have the right to be present but shall not participate in the evaluation. (3) The evaluation shall be conducted with as little interference with the proposed ward's activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and the legal counsel and the time set shall not be sooner than tl1e fifth day after the service of notice on the proposed ward. The court, however, shall have the exclusive power to change the place and time of the exalllination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility or the office of the physician.

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psychologist, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours of the facility or office and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:
(A) A self-report from the proposed ward, ifpossible; (B) Questions and observations of the proposed ward to assess the functional abilities of the proposed ward; (C) A review ofthe records for the proposed ward including, but not limited to, medical records, medication charts, and other available records; (D) An assessment of cultural factors and language barriers that may impact the proposed ward s abilities and living environment; and (E) All other factors the evaluator determines to be appropriate to the evaluation. (4) A written report shall be filed with the court no later than seven days after the evaluation and the court shall serve a copy ofthe report by first-class mail upon the proposed ward and the proposed ward s legal counsel and, if any, the guardian ad litem. (5) The report shall be signed under oath by the physician, psychologist, or licensed clinical social worker and shall: (A) State the circumstances and duration of the evaluation, including a summary ofquestions or tests utilized, and the elements ofthe evaluation; (B) list all persons and other sources of information consulted in evaluating the proposed ward; (C) Describe the proposed ward s mental and physical state and condition, including all observed facts considered by the physician or psychologist or licensed clinical social worker; (D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and (E) Describe the needs of the proposed ward and their foreseeable duration. (6) The proposed wards legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing. The response may include, but is not limited to, independent evaluations, affidavits of individuals with personal knowledge ofthe proposed ward, and a statement of applicable law.

29-4-12. (a) After the filing of the evaluation report the court shall review the pleadings and the evaluation report. (b) If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a guardian within the meaning of Code Section 29-4-l, the court shall dismiss the petition. (c) If, after the review, the court finds that there is probable cause to support a finding that the proposed ward is in need of a guardian, the court shall schedule a hearing on the petition. Notice of the hearing shall be served by first-class mail upon the proposed ward, the proposed ward s legal counsel, and the proposed

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ward's guardian ad litem, if any; the petitioner or the petitioner s legal counsel, if any; and all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (7), (8), and (9) of subsection (b) of Code Section 29-4-10. The date ofthe hearing shall not be less than ten days after the notice is mailed.
(d)( I) The hearing shall be held in a courtroom or, for good cause shown, at such other place as the court may choose. At the request ofthe proposed ward or the proposed ward's legal counsel and for good cause shown, the court may exercise its discretion to exclude the public from the hearing and the record shall reflect the court. s action. The proposed ward or the proposed ward's legal counsel may waive the appearance ofthe proposed ward at the hearing. (2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45 days from the date ofthe entry of the order described in Code Section 29-4-13. (3) The court shall apply the rules of evidence applicable in civil cases. (4) The court shall utilize the criteria in Code Section 29-4-1 to determine whether there is clear and convincing evidence of the need for a guardianship in light of the evidence taken at the hearing. In addition, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. (5) Upon determination of the need for a guardianship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-4-21 and whether any additional powers are to be granted to the guardian, pursuant to the provisions of subsection (b) of Code Section29-4-23. (6) If the court determines that a guardianship is necessary and the proposed ward is present, the proposed ward may suggest any individual as guardian. The court shall select as guardian the individual who will serve the best interest of the ward. (7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for such hearing, the judge shall appoint an individual to hear the case and exercise all the jurisdiction of the court in the case. Any individual appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge s successor in office. The compensation of an individual appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority of the county for which the individual is appointed, and shall be paid from county fimds. All fees collected for the service of the appointed individual shall be paid into the general fimds of the county.

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29-4-13. (a) The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting guardianship shall specify:
(1) The name ofthe guardian and the basis for the selection; (2) Any powers retained by the ward pursuant to Code Section 29-4-21; (3) The limitations on the guardianship; (4) A specific listing of any of the additional powers, as described in subsection (b) ofCode Section 29-4-23, that are granted to the guardian; (5) If only a guardian is appointed or if the guardian and the conservator appointed are not the san1e person. the reasonable sums of property to be provided the guardian to provide adequately for the ward's support, care, education, health, and welfare, subject to modification by subsequent order of the court; (6) The type and frequency of any physical, mental, and social evaluations of the ward's condition which the court may require to supplement the reports submitted pursuant to paragraph (9) of subsection (a) ofCode Section 29-4-22;
and (7) Such other and further provisions of the guardianship as the court shall determine to be in the best interest ofthe ward, stating the reasons therefor. (b) Service of the court.s order shall be made by first-class mail upon the ward, the ward's legal counsel, the guardian ad litem, if any, the guardian, the petitioner, and other persons designated for service of the petition for guardianship. (c) After service of an order granting guardianship, the ward's legal counsel shall make reasonable efforts to explain to the ward the order and the ward's rights under the order.

29-4-14. (a) Any interested person. including the proposed ward, may file a petition for the appointment of an emergency guardian. The petition shall be filed in the court ofthe county in which the proposed ward is domiciled or is found. (b) The petition for appointmt.nt of an emergency guardian shall set. forth:
(1) A statement ofthe facts upon which the court's jurisdiction is based; (2) The name, address, and county of domicile of the proposed ward, if known; (3) The name, address, and county of domicile of the petitioner and the petitioner s relationship to the proposed ward; (4) A statement of the reasons the emergency guardianship is sought, including the facts that support the need for a guardian and the facts that establish an inunediate and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed; (5) The reasons why compliance with the procedures of Code Sections 29-4-10 through 29-4-13 is not appropriate in the circumstances;

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(6) The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; and (7) The reason for any omission in the petition for appointment of emergency guardian in the event full particulars are lacking. (c) The petition shall state whether a petition for the appointment of a guardian or conservator has been filed or is being filed in conjunction with the petition for the appointment of an emergency guardian. (d)( I) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility. (2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing ofthe petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the proposed ward s health or safety and that there is an immediate and substantial risk of death or serious physical injury, illness, or disease unless an emergency guardian is appointed. (3) In addition to stating the facts that support the claim of the need for an emergency guardianship, the affidavit shall state the foreseeable duration ofthe emergency guardianship and may set forth the affiant's opinion as to any other limitations on the emergency guardianship.

29-4-15. (a) Upon the filing of a petition for an emergency guardianship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency guardian within the meaning of paragraph (4) of subsection (b) of Code Section 29-4-14. (b) If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition. (c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency guardian, the court shall:
( 1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel ofthe appointment;

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(2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing ofthe petition; (3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-4-10. The evaluation shall be conducted within 72 hours of the time the order was issued and a written report shall be fumished to the court and made available to the parties within this time fran1e, which evaluation and report shall be govemed by the provisions of subsection (c) ofCode Section 29-4-6; (4) Immediately notifY the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have an emergency guardian appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency guardian is appointed, the proposed ward may lose important rights to control the management ofthe proposed ward s person; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection; (D) Inform the proposed ward ofthe appointment oflegal counsel; and (E) Inform the proposed ward of the date and time of the hearing on the emergency guardianship; and (5) Appoint an emergency guardian to serve until the emergency hearing, with or witllout prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker. Appointment of an emergency guardian under this paragraph is not a frnal detemlination of the proposed ward s need for a nonemergency guardian. Any emergency guardian appointed under this paragraph shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the inlmediate threatened risk to the ward.

29-4-16. (a) The court shall conduct the emergency guardianship hearing, at the time and date set forth in its order, to detemline whether there is clear and convincing evidence of the need for an emergency guardianship in light ofthe evidence taken

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at the hearing. In addition to the evidence at the hearing the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days. (b) If the court at the emergency hearing finds that an emergency guardianship is necessary, the court shall order the emergency guardianship; provided, however, that:
(I) Any emergency guardian shall have only those powers and duties specifically enumerated in the letters of emergency guardianship and the powers and duties shall not exceed those absolutely necessary to respond to the inunediate threatened risk to the ward; (2) The court may order the emergency guardian to make any report. the court requires; and (3) The emergency guardianship shall terminate on the earliest of
(A) The court's removal ofthe emergency guardian, with or without cause; (B) The effective date ofthe appointment of a guardian; (C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a guardian; (D) The date specified for the termination in the order appointing the emergency guardian; or (E) Sixty days from the date of appointment ofthe emergency guardian.

ARTICLE 3

29-4-20. (a) In every guardianship, the ward has the right to:
(1) A qualified guardian who acts in the best interest ofthe ward; (2) A guardian who is reasonably accessible to the ward; (3) Have the ward's property utilized to provide adequately for the ward's support, care, education, health, and welfare; (4) Communicate freely and privately with persons other than the guardian, except as otherwise ordered by a court ofcompetent jurisdiction; (5) Individually, or through the ward's representative or legal counsel, bring an action relating to the guardianship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by this chapter and Chapter 5 ofthis title and including the right to bring an action to modifY or terminate the guardianship pursuant to the provisions of Code Sections 29-4-41 and 29-4-42; (6) The least restrictive furm of guardianship assistance, taking into consideration the ward s functional limitations, personal needs, and preferences; and (7) Be restored to capacity at the earliest possible time. (b) The appointment of a guardian is not a determination regarding the right of the ward to vote.

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:(c) The appointm~t of a guardian is not a determination that the ward lacks teStamentary capacity.

29-4-21. (a) Unless the court's order specifitls that one or more of the following powers are to be retained by the ward, the appointment of a guardian shall remove from the ward the power to:
(1) Contract marriage; (2) Make, modifY, or terminate other contracts; (3) Consent to medical treatment; (4) Establish a residence or dwelling place; (5) Change domicile; (6) Revoke a revocable trust established by the ward; and (7) Bring or defend any action at law or equity, except an action relating to the
guardianship. (b) The mere appointment of a guardian does not revoke the powers of an agent who was previously appointed by the ward to act as an agent under a durable power of attorney fur health care.

29-4-22. 1(a) Except as otherwise provided by law or by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs. To the extent known, a guardian, in making decisions, shall consider the expressed desires and personal values of the ward. A guardian shall at all times act as a fiduciary in the ward's best interest and exercise reasonable care, diligence, and prudence. (b) A guardian shall:
(1) Respect the rights and dignity ofthe ward; (2) Become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and mental health; (3) Ifnecessary, petition to have a conservator appointed; (4) Endeavor to cooperate with the conservator, if any; (5) Take reasonable care ofthe ward's personal effects; (6) Arrange for the support, care, education, health, and welfare of the ward, considering the ward's needs and available resources; (7) Expend money of the ward that has been received by the guardian for the ward's current needs for support, care, education, health, and welfare; (8) Conserve for the ward's future needs any excess money of the ward received by the guardian; provided, however, that if a conservator has been appointed for the ward, the guardian shall pay to the conservator, at least quarterly, money to be conserved for the ward's future needs;

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(9) Within 60 days after appointment and within 60 days aft.er each anniversary date of appointment, file with the court and provide to the ward and to the conservator, if any, a personal status report concerning the ward, which shall include:
(A) A description of the ward s general condition, changes since the last report, and needs; (B) All addresses of the ward during the reporting period and the living arrangements ofthe ward for all addresses; (C) A description of the amount and expenditure of any funds that were received by the guardian pursuant to paragraph (7) ofthis subsection; and (D) Reconunendations for any alteration in the guardianship order; (10) Promptly notifY the court of any change in the ward's condition that in the opinion of the guardian might require modification or termination of the guardianship; (11) Promptly notifY the court of any conflict of interest between the ward and the guardian when the conflict arises or becomes known to the guardian and take any action as is required by Code Section 29-4-24; and (12) Keep the court informed ofthe guardian s current address. (c) A guardian, solely by reason of the guardian-ward relationship, is not personally liable fur: (1) The ward's expenses or the expenses of those persons who are entitled to be supported by the ward; (2) Contracts entered into in the guardian s fiduciary capacity; (3) The acts or omissions ofthe ward; (4) Obligations arising from ownership or control of property of the ward; or (5) Other acts or omissions occurring in the course ofthe guardianship.

29-4-23. (a) Unless inconsistent with the terms of any court order relating to the guardianship, a guardian may:
( 1) Take custody of the person of the ward and establish the ward's place of dwelling within this state; (2) Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consents or approvals that may be necessary for medical or other professional care, counsel, treatment, or service for the ward; (3) Bring, defend, or participate in legal, equitable, or administrative proceedings, including alternative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the ward in the name of or on behalfoftheward; and (4) Exercise those other powers reasonably necessary to provide adequately for the support, care, education, health, and welfare ofthe ward. (b) At the time of the appointment of the guardian or at any time thereaft.er, anY of the following powers may be specifically granted by the court to the guardian upon such notice, if any, as the court shall determine, provided that no disposition

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of the ward's property shall be made without the involvement of a conservator,
ifany: (1) To establish the ward's place of dwelling outside this state; (2) To change the jurisdiction of the guardianship to another county in this state that is the county of the ward's place of dwelling, pursuant to Code Section 29-4-80; (3) To change the domicile of the ward to the ward's or the guardian's place of dwelling, in the determination of which the court shall consider the tax ramifications and succession and inheritance rights of the ward and other parties; (4) To bring an action for the divorce of the ward based on any ofthe grounds listed in Code Section 19-5-3, except on the ground that the marriage is irretrievably broken; (5) To consent to the adoption ofthe ward; (6) To receive reasonable compensation from the estate of the ward for services rendered to the ward; and (7) Ifthere is no conservator, to disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20 ofthe Revised Probate Code of 1998.
(c) Before granting any of the powers described in subsection (b) of this Code section, the court shall appoint a guardian ad litem for the ward. (d) In granting any of the powers described in subsection (b) of this Code section, the court shall consider the property rights of the ward and the views of the conservator, if any, or, if there is no conservator, of others who have custody ofthe ward's property. (e) In performing any of the acts described in this Code section, the guardian shall act in coordination and cooperation with the conservator or, if there is no conservator, with others who have custody ofthe ward's property.

29-4-24. The guardian must promptly disclose any conflict of interest between the guardian and the ward when it arises or becomes known to the guardian and seek the court's determination as to whether the conflict is insubstantial or if it is in the best interest ofthe ward for the guardian to continue to serve.

29-4-25. Before entering upon the duties of the appointment, every guardian appointed pursuant to the terms of this chapter shall take an oath or affinnation before the court to perform well and truly the duties required of a guardian and to account faithfully for the estate. The oath or affinnation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints the guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affinnation.

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ARTICLE4

29-4-30. (a) A guardian may be required to give bond with good and sufficient security in such amount as the court may determine from time to time.
(b) The clerk of the court shall record bonds in books kept for that purpose and
shall retain custody ofthe bonds. (c) If a guardian is required to give bond and has given as security one or more licensed commercial sureties authorized to transact business in this state the bond premium may be paid as part ofthe cost of administration.

ARTICLE 5

29-4-40. (a) Upon the petition of any interested person, including the ward, or upon the court s own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that notice of the inquiry be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward s legal counsel, if any, and the ward's conservator, if any. The court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both. (b) No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court within two years after the denial or dismissal on the merits of a petition alleging that the ward is being unjustly denied substantially the same right or privilege unless the petitioner shows a significant change in the condition or circumstances ofthe ward.

29-4-41. (a) Upon the petition of any interested person, including the ward, or upon the court s own motion, the court may modifY the guardianship by adjusting the duties or powers of the guardian, as defined in Code Sections 29-4-14 and 29-4-15, or the powers of the ward, as defined in Code Section 29-4-13, or by making other appropriate aqjustments to reflect the extent ofthe current capacity of the ward or other circumstances of the guardianship. Except for good cause shown, the court shall order that notice ofthe petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward s legal counsel, and the ward s conservator, if any. In any proceeding under this Code section that would expand or increase tl1e powers of the guardian or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both. (b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician

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licensed to practice medicine m1der Chapter 34 of Title 43, a psychologist licensed to practice ooder Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that there has been a significant change in the capacity ofthe ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity ofthe ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall schedule a hearing, with notice as the court deems appropriate. (c) If the petition for modification does not allege a significant change in the capacity of the ward, the court in its discretion may modifY the guardianship upon a showing that the modification is in the ward's best interest; provided, however, that the court may order compliance with any of the provisions of subsection (b) ofthis Code section prior to granting the petition for modification. (d) In any proceeding ooder this Code section that would expand or increase the powers of the guardian or further restrict the powers of the ward, the burden is on the petitioner to show by clear and convincing evidence that the modification is in the ward's best interest. In any proceeding ooder this Code section that would restrict the powers of the guardian or restore powers to the ward, the burden is on the petitioner to show by a preponderance of the evidence that the modification is in the ward' s best interest. (e) No petition for modification shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for substantially the same modification ml1ess the petitioner shows a significant change in the condition or cirCllllStances ofthe ward.

29-4-42. (a) Upon the petition of any interested person, including the ward, or upon the court's own motion, and upon a proper showing that the need for a guardianship is ended, the court may terminate the guardianship and restore all personal and . property rights to the ward. Except for good cause shown, the court shall order that notice ofthe petition be given, in whatever form the court deems appropriate, to the ward, the guardian, the ward's legal colllSel, if any, and the ward's conservator, if any. The court shall appoint legal colllSel for the ward and may, in its discretion, appoint a guardian ad litem. (b) A petition for termination must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine ooder Chapter 34 of Title 43, a psychologist licensed to practice m1der Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the guardianship should be terminated, the court

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shall dismiss the petition. Ifthe petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-4-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the guardianship should be terminated, the court shall dismiss the petition. Ifthe petition is not dismissed, the court shall schedule a hearing, with such notice as the court deems appropriate. (c) In any proceeding under this Code section, the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the guardianship. (d) No petition for termination of a guardianship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the guardianship unless the petitioner shows a significant change in the condition or circumstances ofthe ward. (e) The death of the ward automatically terminates the guardianship, except as otherwise provided in Code Section 29-4-43. (f) Upon termination of the guardianship, the guardian shall deliver any money or property to the ward or, if a conservator has been appointed for the ward, to that conservator or, ifthe ward is deceased, to the ward's personal representative.

29-4-43. (a) Upon the termination of the guardianship or the resignation of the guardian, the guardian may petition the court for an order dismissing the guardian from office. The petition shall include a final status report to the court which covers the period of time from the latest annual status report filed by the guardian. The final status report shall contain the information required for annual status reports and shall otherwise comply with the provisions of Code Section 29-4-22. Notice shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less than 30 days from the date ofpublication. The court shall examine any objections filed. (b) If no objection is filed or if, upon hearing any objection, the court is satisfied that the order dismissing the guardian from office is appropriate, the court shall enter an order dismissing the guardian from office. An order dismissing the guardian shall not bar an action against the guardian.

ARTICLE6

29-4-50. (a) A guardian or the duly authorized guardian, conservator, or attorney in fact of a guardian, acting on behalf of the guardian, may resign upon petition to the court, showing to the satisfaction ofthe court that:
(1) The guardian is unable to continue serving due to age, illness, infirmity, or other good cause;

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(2) Greater burdens have devolved upon the office of guardian than those that were originally contemplated or should have been contemplated when the guardian was qualified and the additional burdens work a hardship upon the guardian; (3) Disagreement exists between the ward and the guardian or between the guardian and the conservator in respect of the guardian's care of the ward, which disagreement and conflict appear to be detrimental to the ward; (4) The resignation ofthe guardian will result in or permit substantial financial benefit to the ward; or (5) The resignation would not be disadvantageous to the ward. (b) The petition for resignation shall include the name of a suitable person who is willing to accept the guardianship. (c) The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the ward's legal counseL Service shall be made by first-class mail to the conservator of the ward, if any,
and to the following persons whose whereabouts are known and who must be
persons other than resigning guardian or the proposed successor guardian: (1) The spouse ofthe ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority: (A) lineal descendants ofthe ward; (B) Parents and siblings ofthe ward; and (C) Friends ofthe ward.
(d) I( after such hearing as the court deems appropriate, the court. is satisfied that the petition for the resignation of the guardian and the appointment of the successor guardian should be granted, the court shall enter an order appointing the successor guardian in accordance with the provisions of Code Section 29-4-61 and accepting the resignation, su~ject to the resigning guardian turning over to the successor guardian or conservator all property held by the guardian.

29-4-51. (a) In the event of the death of a guardian, and upon the petition of an interested person or on the court's own motion, the court shall appoint a successor guardian. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward's legal counseL Notice shall be given by first-class mail to the conservator of the ward, if any, the personal representative of the deceased guardian, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
(1) The spouse of the ward; and (2) All adult children ofthe ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) lineal descendants of the ward;

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(B) Parents and siblings ofthe ward; and (C) Friends ofthe ward. (b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor guardian in accordance with the provisions of Code Section 29-4-61, requiring the personal representative of the deceased guardian to tum over to the successor guardian all property of the ward held by the guardian.

29-4-52. (a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of a guardian or to impose sanctions, the court shall cite the guardian to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute guardian for the ward during the investigation. (b) Upon investigation, the court may, in the court's discretion:
(I) Revoke or suspend the guardian's letters; (2) Require additional security; (3) Reduce or deny compensation to the guardian or impose any other sanction or sanctions as the court deems appropriate; and (4) Issue any other order as in the court's judgment is appropriate under the circumstances ofthe case. (c) The revocation or suspension of letters of guardianship shall not abate any action pending for or against the guardian The successor guardian shall be made a party to the action against the guardian in the manner provided in Code Section 9-11-25.

29-4-53. (a) If a guardian commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate to:
(1) Recover damages; (2) Compel performance ofthe guardian's duties; (3) Enjoin the commission of a breach offiduciary duty; or (4) Compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the ward's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets. (c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.

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29-4-54.
All actions against a guardian, except on the guardian s bond, shall be brought
within six years of the termination of the guardianship of the ward, except as
provided in Code Section 9-3-90.

ARTICLE 7

29-4-60. (a) Upon its own motion or on the petition of any interested party, including the ward, the court may appoint a temporary substitute guardian for a ward if it appears to the court that the best interest of the ward requires immediate action. (b) The temporary substitute guardian shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute guardian an appropriate individual who shall serve the best interest ofthe ward. (d) Except as otherwise ordered by the court, a temporary substitute guardian has the powers set forth in the order of appointment. The authority of the previously appointed guardian is suspended for as long as the temporary substitute guardian bas authority. (e) Notice of the appointment of a temporary substitute guardian shall be served pa-sonally on the ward. Notice of the appointment shall be served personally on the previously appointed guardian at the last address provided by that guardian to the court. Notice of the appointment shall be mailed by first-class mail to the ward's conservator, if any. (t) The court may remove the temporary substitute guardian at any time. A temporary substitute guardian shall make any report the court requires. In all other respects, the provisions of this chapter apply to the temporary substitute guardian.

29-4-61. (a) The court shall appoint a successor guardian upon the resignation, death, or revocation of the letters of the guardian if the appointment of a successor guardian is in the best Interest of the ward. The court shall select the successor guardian in the manner provided in Code Section 29-4-11. (b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the guardian, notice of the proceeding for appointment of a successor guardian shall be given as provided in Code Sections 29-4-50 and 29-4-51. In all other cases, notice of the proceeding for appointment of a successor guardian shall be served personally on the ward and the ward s legal counsel. Notice shall be made by first-class mail to the conservator of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor guardian:
(I) TI1e spouse ofthe ward; and (2) All adult children of the ward; or

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(3) Ifthere is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants ofthe ward; (B) Parents and siblings ofthe ward; and (C) Friends ofthe ward. (c) After a hearing which the court deems appropriate, the court shall enter an order appointing the successor guardian.

29-4-62. Upon the appointment of a successor guardian, the predecessor guardian or the personal representative of a deceased predecessor guardian shall deliver to the successor guardian all property ofthe ward held by the guardian and shall submit a final status report covering the period since the guardian's last status report.

ARTICLE 8

29-4-70.
(a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward,
individually or by the ward's legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless the parties by agreement specifically limit the issues. The ward shall retain the right to counsel or to have counsel appointed; provided, however, that if counsel was appointed by the probate court, the appointment shall continue on appeal to the superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. (b) All rights of appeal from the superior court shall be as provided by law. (c) The filing of an appeal to the superior court from the judgment ofthe probate court shall act as a supersedeas. (d) Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency guardian with such powers and duties as are described in Code Section 29-4-16; provided, however, that an emergency guardian may be appointed only upon the filing of an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker setting forth the existence of the emergency circumstances described in subsection (d) of Code Section 29-4-14 and after a hearing at which other evidence may be presented. The appointment of an emergency guardian is not appealable.

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ARTICLE 9 Part I

29-4-80. (a) A guardian may petition to remove the guardianship to the jurisdiction of the

court ofthe COWlty in this state in which the ward resides.

.

(b) Upon the filing of a petition to remove the guardianship to another coWity in

this state, the court shall appoint a guardian ad litem for the ward. The court of

the coWlty in which the guardian was appointed shall grant the petition for

removal only if the court determines that the removal is in the best interest of the

ward. (c) Before the removal of the guardianship to another coWlty in this state, the

guardian shall file with the court of the coWity to which the guardianship is to be

removed certified copies of all the records pertaining to the guardianship.

(d) Following removal of a guardianship to another coWity in this state, the court

of that coWity shall have the same jurisdiction over the guardian as if the

guardian had been first appointed in that coWity, and every case growing out of

or affecting the guardianship shall be heard and tried only in the coWity to which

the guardianship has been removed.

(e) The court in which an action or proceeding is pending or which has issued

an order for a settlement of accoWits, removal, or sanction of a guardian shall

retain jurisdiction of such matters even though the guardianship has been

removed to another COWlty.

Part2

29-4-85. (a} For purposes of this part and Part 3 of this article, the term 'guardianship' refers to a legal relationship in which a person is given responsibility by a foreign court of competent jurisdiction for the care of an incapacitated adult, referred to
as the 'ward,' thereby becoming a guardian.
(b) A guardian who has been appointed by a foreign court of competent jurisdiction may petition to have the guardianship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign guardianship in the court of the coWity in this state where the ward resides or may reside. (c) The petition shall include the following:
(1) An authenticated copy of the foreign guardianship order including: (A) All attachments describing the duties and powers of the guardian; and (B) All amendments or modifications to the foreign guardianship order entered subsequent to the original order, including any order to transfer the guardianship;
(2} The address ofthe foreign court which issued the guardianship order;

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(3) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses ofthe courts where the petitions have been filed; (4) The petitioner s name, address, and coWlty ofdomicile; (5) The name, age, and address ofthe ward; (6) The names and addresses ofthe following, ifliving:
(A) The spouse ofthe ward; and (B) All children ofthe ward; or (C) If there are no adult children, then at least two adults in the following order ofpriority:
(i) Lineal descendants ofthe ward; (ii) Parents and siblings ofthe ward; and (iii) Friends ofthe ward; (7) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other guardian currently serving; (8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel or guardian ad litem appointed by the foreign court for the ward; (9) The name and address ofthe ward's conservator, if any; and (I 0) The reason the transfer is in the ward's best interest (c) The petition may be combined with other petitions related to the guardianship, including a petition to modify the terms ofthe guardianship.

29-4-86. (a) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be served personally on the ward. The notice shall:
(I) State that the ward has a right to a hearing on the petition; (2) Inform the ward of the procedure to exercise the ward's right to a hearing; and (3) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the transfer ofthe guardianship. (b) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be provided to the foreign court from which the guardianship is to be transferred. Notice to the foreign court shall include a request that the foreign court: (I) Certify whether:
(A) The foreign court has any record that the guardian has engaged in malfeasance, misfeasance or nonfeasance during the guardian's appointment; (B) Periodic reports have been filed in a satisfactory manner; and (C) All bond or other security requirements imposed Wlder the guardianshiP have been performed;

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(2) Forward copies of all docwnents filed with the foreign court relating to the guardianship including but not limited to:
(A) The initial petition for guardianship and other filings relevant to the appointment ofthe guardian; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness ofthe guardianship; (C) Reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs; (D) Periodic status reports on the condition ofthe ward; and (E) The order to transfer the guardianship, if any. (c) Notice and a copy of the petition for receipt and acceptance of a foreign guardianship shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons ofthe right to object to the petition fur receipt and acceptance ofthe guardianship by this state. (d) The ward shall have 30 days from the date of service to request a hearing on the petition for receipt and acceptance of a foreign guardianship. All other persons to whom notice is given under this Code section shall have 30 days from the date ofthe mailing of the notice to request a hearing on the petition. (e) The court may waive the notice requirements of subsections (a) through (c) ofthis Code section if (1) The guardian has filed a petition in the foreign court for transfer and release ofthe guardianship to this state; (2) Notice was given to the ward and all interested persons in conjunction with the petition for transfer and release of the guardianship; (3) The petitioner provides the court with an authenticated copy ofthe petition fur transfer and release of the guardianship filed with the foreign court and proof that service was made on the ward not more than 90 days from the date the petition for receipt and acceptance of the guardianship is filed in the court; and (4) The ward is represented by legal counsel with respect to the petition in the foreign court.

29-4-87. (a) On the court's own motion or upon timely motion by the ward or by any interested person the court shall hold a hearing to consider the petition for receipt and acceptance ofthe foreign guardian. (b) If any interested person challenges the validity of the foreign guardianship or the authority of the foreign court. to appoint the guardian, the court may stay its proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.

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29-4-88. (a) The court may grant a petition for receipt and acceptance of a foreign guardianship provided the court finds that:
(I) The guardian is presently in good standing with the foreign court; and (2) The transfer of the guardianship from the foreign jurisdiction is in the best interest ofthe ward. (b) In granting the petition, the court shall give full faith and credit to the provisions of the foreign guardianship order concerning the determination of the ward s incapacity. (c) Subject to subsection (d) ofthis Code section, at all times following the entry of the order accepting the guardianship the laws of the State of Georgia shall apply to the guardianship. (d) In order to coordinate efforts with the foreign court to facilitate the orderly transfer ofthe guardianship, the court is authorized to: (I) Delay the effective date of the receipt and acceptance for a reasonable period oftime; (2) Make the receipt and acceptance contingent upon the release of the guardianship or the termination of the guardianship and the discharge of the guardian in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the guardianship for a reasonable period of time to permit the foreign court to release the guardianship or to terminate the guardianship and discharge the guardian in the foreign jurisdiction; or (4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance ofthe guardianship. (e) The denial of a petition for receipt and acceptance ofthe foreign guardianship does not affect the right of a guardian appointed by a foreign court of competent jurisdiction to petition for guardianship Wider Code Section 29-4-11.

Part 3

29-4-90. (a) A guardian may petition the Georgia court that has jurisdiction over the guardianship to transfer the guardianship to a foreign court of competent jurisdiction ifthe ward has moved permanently to the foreign jurisdiction. (b) The ward may be presumed to have moved permanently to the foreign jurisdiction if
(1) The ward has resided in the foreign jurisdiction for more than 12 consecutive months; (2) The guardian notifies the court that the ward will move or has moved permanently to the foreign jurisdiction; or (3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for guardianship for the ward in the foreign jurisdiction. (c) To facilitate the transfer, the court may order the guardian to file a petition for receipt and acceptance ofthe guardianship in the foreign jurisdiction.

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(d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign guardianship, the court may order the guardian to file a petition for guardianship in the foreign jurisdiction.

29-4-91. The petition to transfer a guardianship to a foreign jurisdiction shall include the
following: (1) The name and address of the foreign court to which the guardianship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign guardianship ifpreviously filed in the foreign court; (2) A listing of any other guardianship petitions that are pending in any jurisdiction and the names and addresses ofthe courts where the petitions have been filed; (3) The petitioner s name, address, and county of domicile; (4) The name, age, and current address of the ward and the new or proposed address ofthe ward; (5) The names and addresses ofthe following, ifliving: (A) The spouse ofthe ward; and (B) All children ofthe ward; or (C) If there are no adult children, then at least two adults in the following order ofpriority: (i) Lineal descendants ofthe ward; (ii) Parents and siblings ofthe ward; and (iii) Friends ofthe ward; (6) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other guardian currently serving; (7) The name and address of any legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward; (8) The name and address ofthe ward's conservator, if any; and (9) The reason for moving the ward and the reason the transfer of the guardianship is in the ward's best interest.

29-4-92. (a) Notice and a copy of tl1e petition to transfer a guardianship to a foreign jurisdiction shall be served personally on the ward not less than ten days prior to the date set for the hearing. The notice shall:
(I) State the date that the hearing shall be held; and (2) State that the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the receipt and acceptance ofthe guardianship. (b) Not;.ce and a copy of the petition to transfer tl1e guardianship shall be provided to the foreign court to which the guardianship is to be transferred.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) Notice and a copy of the petition shall be mailed to all other persons named in the petition. The notice shall infonn these persons of the date of the hearing and oftheir right to file objections to the transfer of the guardianship by this state.

29-4-93. Upon the court's own motion or upon timely motion by the ward or by any interested person, the court shall hold a hearing to consider the petition to transfer the guardianship.

29-4-94. (a) The court may grant a petition to transfer a guardianship to a foreign court of competent jurisdiction if the court finds that:
(I) The guardian is presently in good standing with the court; and (2) The transfer of the guardianship to the foreign jurisdiction is in the best interest of the ward. (b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer of the guardianship, the court is authorized to: (I) Noti.fY the foreign court of any significant problems that may have occurred including whether periodic reports and accountings have been filed in a satisfactory manner and whether all bond or other security requirements imposed under the guardianship have been performed; and (2) Forward copies of all documents filed with the court relating to the guardianship, including but not limited to:
(A) The initial petition for guardianship and other filing relevant to the appointment ofthe guardian; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the court to evaluate the appropriateness of the guardianship; (C) Reports of physical or mental health practitioners describing the capacity ofthe ward to care for himself or herself; and (D) Periodic status reports on the condition ofthe ward. (c) As necessary to coordinate the transfer of the guardianship, the court is authorized to: (I) Delay the effective date of the transfer for a reasonable period of time; (2) Make the transfer contingent upon the acceptance of the guardianship or appointment ofthe guardian in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the guardianship for a reasonable period oftime to permit the foreign court to accept the guardianship or appoint the guardian in the foreign jurisdiction; or
(4) Make other arrangements that in the sound discretion of the court are
necessary to transfer the guardianship.

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Part 4

29-4-95. (a) For purpos.es ofthis p~.. ~'foreign guardian' is a gu~nl~an.o~ other person who has been g~ven responsibility by a court of competent Jurisdiction in another state or territory governed by the Constitlltion of the United States for the care of
an incapacitated adult referred to as the 'ward' and whose guardianship has not
been transferred to and accepted in this state pursuant to the provisions of Part 2 ofthis article. (b) Any foreign guardian of a ward who resides in any other state and who is authorized to sell and convey property of the ward may sell property of the ward which is in this state, under the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign guardian must file and have recorded in the court or other proper court, at the time ofpetitioning fur sale, an authenticated copy of the letters of appointinent and must also file
with the court or other proper authority bond with good and sufficient security in
double the value of the property to be sold for the faithful execution of the guardianship as provided by law.
29-4-96.
A fureign guardian may institute an action in any court in this state to enforce any
right or to recover any property belonging to the ward or accruing to the foreign guardian as such.
29-4-97. Pending an action brought by a foreign guardian pursuant to Code Section 29-4-96, an authenticated copy of the letters of guardianship shall be filed with
the clerk of the court to become a part of the record, if the case is pending in a court ofrecord, or filed with the papers ifthe action is a smnmary proceeding.
29-4-98.
A foreign guardian submits personally to the jurisdiction ofthe courts of this state in any proceeding relating to the guardianship by:
(1) Receiving payment of money or taking delivery of personal property in this state belonging to the ward; or (2) Doing any act as a guardian in this state that would have given this state jurisdiction over the actor as an individual.
CHAPTERS ARTICLE 1
29-5-1.
(a) The court may appoint a conservator for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property.

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(b) No conservator, except a conservator for the estate of an individual who is missing or who is believed to be dead, shall be appointed for any adult except pursuant to the procedures ofthis chapter. (c) No conservator shall be appointed for an adult unless the appointment is in the best interest of the adult. (d) No conservator shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a conservator for that adult unless the petitioner shows a significant change in the condition or circumstances ofthe adult.
(e)(l) No adult shall be presumed to be in need of a conservator unless adjudicated to be in need of a conservator pursuant to this chapter. (2) An adult shall not be presumed to be in need of a conservator solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:
(A) Code Section 37- I- I; (B) Code Sections 37-3-I through 37-3-6; (C) Articles 2 through 6 ofChapter 3 ofTitle 37; (D) Code Sections 37-4-I through 37-4-3 and 37-4-5 through 37-4-8; (E) Articles 2 through 5 of Chapter 4 ofTitle 37; (F) Code Section 37-5-3; (G) Code Sections 37-7-I, 37-7-2, and 37-7-4 through 37-7-7; and (H) Articles 2 through 6 of Chapter 7 ofTitle 37. (t) All conservatorships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult's actual and adaptive limitations after a determination that less restrictive alternatives to the conservatorship are not available or appropriate.

29-5-2. No person may be appointed or continue to serve as conservator of the estate of an adult who:
(1) Is a minor, a ward, or a protected person; (2) Who has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in the adult's best interest; or (3) Is an owner, operator, or employee of a long-term care or other caregiving institution or facility at which the adult is receiving care, unless related to the adult by blood, marriage, or adoption.

29-5-3. (a) The court shall appoint as conservator that individual who shall best serve the interest of the adult taking into consideration the order of preferences set forth in ' this Code section. The court may disregard a person who has preference and appoint a person who has a lower preference or no preference; provided.

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however, that the court may disregard the preferences listed in paragraph (1) of subsection (b) ofthis Code section only upon good cause shown. (b) Persons who are eligible and not disqualified have preference in the fullowing order:
(I) The person last nominated by the adult in accordance with the provisions ofsubsection (c) ofthis Code section; (2) The spouse of the adult or a person nominated by the adult's spouse in accordance with the provisions of subsection (d) ofthis Code section; (3) An adult child of the adult or a person nominated by an adult child of the adult in accordance with the provisions of subsection (d) of this Code section; (4) A parent of the adult or a person nominated by a parent of the adult in accordance with the provisions of subsection (c) ofthis Code section; (5) A conservator appointed during the minority of the adult; (6) A conservator previously appointed in Georgia or another state; (7) A :friend, relative, or any other person; or (8) The county guardian. (c) At any time prior to the appointment of a conservator, an adult may nominate in writing a person to serve as that adult's conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference set forth in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or the provisions ofCode Section 31-36-5. (d) At any time prior to the appointment of a conservator, a spouse, adult child, or parent of an adult may nominate in writing a person to serve as the adult's conservator should the adult be judicially determined to be in need of a conservator, and that nomination shall be given the preference described in this Code section, provided that it is signed in accordance with the provisions of subsection (e) of this Code section or, if in a will, is executed in accordance with the provisions of Code Section 53-4-20 ofthe Revised Probate Code ofl998. (e) A writing nominating the conservator of an adult: (I) Must contain an express nomination of the person who shall serve as conservator and must be signed or acknowledged by the individual making the nomination in the presence of two witnesses who sign in the individual's presence; and (2) May be revoked by the individual by obliteration, cancellation, or by a subsequent inconsistent writing, whether or not witnessed.

29-5-4 . . (a) Upon receiving an affidavit:
(I) That the total personal property of an incapacitated adult does not exceed $2,500.00 in value; (2) That no conservator has been appointed for the incapacitated adult's estate; and (3) That the affiant is the spouse or that there is no spouse and the affiant is a relative having the responsibility ofthe support ofthe incapacitated adult,

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any person or corporation indebted to or holding personal property of the incapacitated adult shall be authorized to pay the amount of the indebtedness or deliver the personal property to the affiant. In the same manner and upon like proo( any person or corporation having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon payment, delivery, transfer, or issuance pursuant to the affidavit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer or issuance had been made to tl1e legally qualified conservator of the incapacitated adult and shall not be required to see to the application or disposition ofthe personal property. (b) The person making the affidavit and receiving the personal property shall be authorized to expend or otherwise dispose ofthe personal property for the benefit ofthe incapacitated adult in the person s judgment as may be just and proper.

ARTICLE2

29-5-10. (a) Any interested person or persons, including the proposed ward, may file a petition for the appointment of a conservator. The petition shall be filed in the court ofthe county in which the proposed ward is domiciled or is found, provided that the court of the county where the proposed ward is found shall not have jurisdiction to hear any conservatorship petition if it appears that the proposed ward was removed to that county solely for the purposes of filing a petition for the appointment of a conservator. (b) The petition for appointment of a conservator shall set forth:
( 1) A statement ofthe facts upon which the court's jurisdiction is based; (2) The name, address, and county of domicile of the proposed ward, if known; (3) The name, address, and county of domicile of the petitioner or petitioners and the petitioner s relationship to the proposed ward, if any, and, if different from the petitioner, the name, address, and county of domicile of the person nominated by the petitioner to serve as conservator and that person's relationship to the proposed ward, if any; (4) A statement of the reasons the conservatorship is sought, including the facts which support the clainl of the need for a conservator; (5) Any foreseeable limitations on the conservatorship; (6) Whether, to the petitioner's knowledge, there exists any power of attorney, trust, or other instrunlent that deals with the management of the property ofthe proposed ward in the event of incapacity and the name and address of any fiduciary or agent named in the instrunlent;
(7) A description of all known assets, income, other sources of funds,
liabilities, and expenses ofthe proposed ward; (8) The names and addresses of the following whose whereabouts are known:
(A) The spouse ofthe proposed ward; and

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(B) All children of the proposed ward; or (C) If there are no adult children, then at least two adults in the following order ofpriority:
(i) Lineal descendants of the proposed ward; (ii) Parents and siblings ofthe proposed ward; and (iii) Friends ofthe proposed ward; (9) If known, the name and address of any person nominated to serve as conservator by the proposed ward, as described in paragraph (1) of subsection (b) ofCode Section 29-5-3; (10) If known, the name and address of any person nominated to serve as conservator by the proposed ward s spouse, adult child, or parent, as described in paragraphs (2) through (4) ofsubsection (b) of Code Section 29-5-3; (11) The name and address of any person nominated to serve as conservator by the petitioner; (12) Whether any nominated conservator has consented or will consent to serve as conservator; (13) If known, whether any nominated conservator is an owner, operator, or employee of a long-tenn care or other caregiving institution or facility at which the proposed ward is receiving care, and, if so, whether the nominated conservator is related to the proposed ward by blood, marriage, or adoption. (14) Whether an emergency conservator has been appointed for the proposed ward or a petition for the appointment of an emergency conservator has been filed or is being filed; (15) If known, a disclosure of any ownership or other financial interest that would cause any nominated conservator to have a conflict of interest with the proposed ward; (16) A specific listing of any additional powers, as described in subsections (b) and (c) of Code Section 29-5-23, that are requested by the conservator and a statement of the circumstances which would justify the granting of additional powers; (17) Whether a guardian or con<;ervator has been appointed in another state or whether a petition for the appointment of a guardian or conservator is pending in another state; (18) That to petitioner's knowledge, there has been no petition for conservatorship denied or dismissed within two years by any court of this state or, if so, that there has been a significant change in the condition or circumstances of the individual, as shown by the accompanying affidavits or evaluation; and (19) The reason for any omission in the petition for appointment of conservator in the event full particulars are lacking. (c){l) The petition shall be swom to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist,

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or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility. (2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based upon the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the management of the proposed ward's property. (3) In addition to stating the facts that support the claim of the need for a conservator, the affidavit shall state the foreseeable duration of the conservatorship and may set forth the affiant's opinion as to any other limitations on the conservatorship.

29-5-11. (a) Upon the filing of a petition for conservatorship of the estate of a proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a conservator within the meaning ofCode Section 29-5-1. (b) If the court determines that there is no probable cause to believe that the proposed ward is in need of a conservator, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition. (c) If the court determines that there is probable cause to believe that the proposed ward is in need of a conservator:
(1) The court shall immediately notifY the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have a conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that if a conservator is appointed the proposed ward may lose important rights to control the management of the proposed ward's property; (C) Inform the proposed ward of the place and time at which the proposed
ward shall submit to the evaluation provided for by subsection (d) of this
Code section; and (D) Inform the proposed ward of the proposed ward's right to independent legal counsel and that the court. shall appoint counsel within two days of service unless the proposed ward indicates that he or she has retained counsel within that time frame; (2) Upon notice that the proposed ward has retained legal counsel or upon the appointment of legal counsel by the court, the court shall furnish legal counsel with a copy of the petition, the affidavit, if any, and the order for evaluation provided for by subsection (d) ofthis Code section.

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(3) The court shall give notice of the petition by first-class mail to all adult individuals and other persons who are named in the petition pursuant to the requirements ofparagraphs (8) through (10) ofsubsection (b) of Code Section 29-5-1 0; and (4) Upon the court.s own motion or upon the motion of any interested person, the court shall determine whether to appoint a guardian ad litem. (d)( I) If the petition is not dismissed pursuant to subsection (b) of this Code section, the court shall appoint an evaluating physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that federal facility, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to subsection (c) of Code Section 29-5-10. (2) When evaluating the proposed ward, the physician, psychologist, or licensed clinical social worker shall explain the purpose ofthe evaluation to the proposed ward. The proposed ward may remain silent. Any statements made by the proposed ward during the evaluation shall be privileged and shall be inadmissable as evidence in any proceeding other than a proceeding under this chapter. The proposed ward" s legal counsel shall have the right to be present but shall not participate in the evaluation. (3) The evaluation shall be conducted with as little interference with the proposed ward s activities as possible. The evaluation shall take place at the place and time set in the notice to the proposed ward and to his or her legal counsel and the time set shall not be sooner than the fifth day after the service of notice on the proposed ward. The court, however, shall have the exclusive power to change the place and time of the examination at any time upon reasonable notice being given to the proposed ward and to his or her legal counsel. If the proposed ward fails to appear, the court may order that the proposed ward be taken directly to and from a medical facility, office of a physician, psychologist, or licensed clinical social worker for purposes of evaluation only. The evaluation shall be conducted during the normal business hours ofthe facility or office and the proposed ward shall not be detained in the facility or office overnight. The evaluation may include, but not be limited to:
(A) A self-report from the proposed ward, ifpossible; (B) Questions and observations of the proposed ward to assess the functional abilities ofthe proposed ward; (C) A review ofthe records for the proposed ward including, but not limited to, medical records, medication charts, and other available records; (D) An assessment ofcultural factors and language barriers that may impact the proposed ward" s abilities and living enviromnent; and

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(E) All other factors the evaluator determines to be appropriate to the evaluation. (4) A written report shall be filed with the court no later than seven days after the evaluation and the court shall serve a copy of the report by first-class mail upon the proposed ward and the proposed ward's legal counsel and guardian ad litem, if appointed. (5) The report shall be signed under oath by the physician, psychologist, or licensed clinical social worker and shall: (A) State the circumstances and duration of the evaluation, including a summary of questions or tests utilized, and the elements ofthe evaluation; (B) List all persons and other sources of information consulted in evaluating the proposed ward; (C) Describe the proposed ward's mental and physical state and condition, including all observed facts considered by the physician, psychologist, or licensed clinical social worker; (D) Describe the overall social condition of the proposed ward, including support, care, education, and well-being; and (E) Describe the needs of the proposed ward and their foreseeable duration. (6) The proposed ward' s legal counsel may file a written response to the evaluation, provided the response is filed no later than the date of the commencement of the hearing on the petition for conservatorship. The response may include, but is not linrited to, independent evaluations, affidavits of individuals with personal knowledge of the proposed ward, and a statement of applicable law.

29-5-12. (a) After the filing of the evaluation report the court shall review the pleadin~ and the evaluation report. (b) I( after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a conservator within the meaning ofCode Section 29-5-1, the court shall dismiss the petition. (c) I( after the review, the court finds that there is probable cause to support a finding that the proposed ward is in need of a conservator, the court shall schedule a hearing on the petition. Notice of the hearing shall be served by first-class mail upon the proposed ward, the proposed ward's legal counsel, and the proposed ward's guardian ad litem, if any; the petitioner or the petitioner's legal counsel, if any; and all adult individuals and other persons who are named in the petition pursuant to the requirements of paragraphs (8) through ( 10) of subsection (b) of Code Section 29-5-10. The date of the hearing shall not be less than ten days after the date the notice is mailed.
(d)(l) The hearing shall be held in a courtroom or, for good cause shown, at any other place as the court may set. At the request ofthe proposed ward or the proposed ward's legal cow1sel and for good cause shown, the court maY. exercise its discretion to exclude the public from the hearing and the record

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shall reflect the court' s action. The proposed ward or the proposed ward's legal
counsel may waive the appearance ofthe proposed ward at the hearing. (2) The hearing shall be recorded by either a certified court reporter or a sound-recording device. The recording shall be retained for not less than 45
days from the date of the entry of the order described in Code Section
29-5-138. (3) The court shall apply the rules of evidence applicable in civil cases. (4) The court shall utilize the criteria in Code Section 29-5-1 to determine whether there is clear and convincing evidence of the need for a conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the
petitioner. (5) Upon determination of the need for a conservatorship, the court shall determine the powers, if any, which are to be retained by the proposed ward, in accordance with the provisions of Code Section 29-5-21 and whether any additional powers shall be granted to the conservator pursuant to the provisions ofsubsections (b) and (c) ofCode Section 29-5-23. (6) If the court determines that a conservatorship is necessary and the proposed ward is present, the proposed ward may suggest any person as conservator. The court shall select as conservator the person who shall serve the best interest ofthe ward. (7) In any procedure under this chapter in which the judge of the court is unable to hear a case within the time required for a hearing on the petition for conservatorship, the judge shall appoint an individual to serve to hear the case and exercise all the jurisdiction of the court. in the case. Any individual so appointed shall be a member of the State Bar of Georgia who is qualified to serve as the probate judge in that county and who is, in the opinion of the appointing judge, qualified for the duties by training and experience. The appointment may be made on a case-by-case basis or by making a standing appointment of one or more individuals. Any individual who receives a standing appointment shall serve at the pleasure of the judge who makes the appointment or the judge s successor in office. The compensation of an individual so appointed shall be as agreed upon by the judge who makes the appointment and the individual appointed, with the approval of the governing authority ofthe county for which the individual is appointed, and shall be paid ttom county fimds. All fees collected for the service of the appointed individual shall be paid into the general fimds ofthe county.

29-5-13. (a) The court shall issue an order that sets forth the findings of fact and IIODClusions of law that support the grant or denial of the petition. An order wanting conservatorship shall specifY:
(1) The name ofthe conservator and the basis for the selection; (2) Any powers retained by the ward pursuant to Code Section 29-5-21;

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(3) The limitations on the conservatorship; (4) A specific listing of any additional powers which are granted to the conservator as set forth in subsections (b) and (c) of Code Section 29-5-23; (5) If a guardian is also appointed and if the guardian and conservator are not the same person, the reasonable swns or property to be furnished to the guardian to provide adequately for the ward's support, care, educatio~ health, and welfare, subject to modification by subsequent order ofthe court; (6) Ifthe ward has an interest in real property, the name ofthe county in which the real property is located; and (7) Such other and fiuther provisions of the conservatorship as the court shall determine to be in the best interest ofthe ward, stating the reasons therefor. (b) Service of the court's order shall be made by first-class mail upon the ward, the ward's legal counsel, the guardian ad litem, if any, the conservator, the petitioner, and other persons designated for service of the petition for conservatorship. (c) After service of an order granting a conservatorship, the ward's legal counsel shall make reasonable efforts to explain to the ward the order of conservatorship and the ward's rights under the order. (d) In any case involving the appointment of a conservator, if the ward has an interest in real property, the court shall file, within 30 days of granting the petition for conservatorship, a certificate with the clerk of the superior court of each county in this state in which the ward owns real property, to be recorded in the deed records of the county and indexed under the name of the ward in the grantor index. The certificate shall set forth the name of the ward, the expiration date of the conservatorship, if limited by court order, the date of the order granting the conservatorship, and the name of the conservator. The certificate shall be accompanioo by the same fee requiroo for filing deeds with the clerk of
the superior court. The filing fee and any fee for the certificate shall be taxtXI as
costs to the estate.

29-5-14. (a) Any interested person, including the proposoo ward, may file a petition for the appointment of an emergency conservator. The petition shall be filoo in the court ofthe county in which the proposoo ward is domiciloo or is found. (b) The petition for appointment of an emergency conservator shall set forth:
( 1) A statement ofthe facts upon which the court's jurisdiction is basoo; (2) The name, address, and county of domicile of the proposoo ward, if known; (3) The name, address, and county of domicile of the petitioner and the petitioner's relationship to the proposed ward; (4) A statement of the reasons the emergency conservatorship is sought, including the facts which support the need for a conservator and the facts which establish an immediate and substantial risk of irreparable waste or dissipation of the proposoo ward's property unless an emergency conservator is appointoo;

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(5) The reasons why compliance with the procedures of Code Sections 29-5-10 through 29-5-13 is not appropriate in the circumstances; (6) The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; and (7) The reason for any omission to the petition for appointment of emergency conservator in the event full particulars are lacking. (c) The petition shall state whether a petition for the appointment of a conservator or guardian has been filed or is being filed in conjunction with the petition for the appointment of an emergency conservator; and, if no other petition has been filed or is being filed, shall include a summary description of
all known assets, income, other sources of funds, liabilities, and expenses of the
proposed ward. (d)(l) The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, or licensed clinical social worker is not available, a physician, psychologist, or licensed clinical social worker authorized to practice in that facility. (2) Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing ofthe petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the management ofthe proposed ward's property and that there is an immediate and substantial risk of irreparable waste or dissipation of the proposed ward's property unless an emergency conservator is appointed. (3) In addition to stating the facts that support the need for an emergency conservator, the affidavit shall state the foreseeable duration of the emergency conservatorship and may set forth the affiant's opinion as to any other limitations on the emergency conservatorship.

29-5-15. (a) Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-149. (b) If the court determines that there is no probable cause to believe that the proposed ward is in need ofan emergency conservator, the court. shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition. (c) If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency conservator, the court. shall:
(1) Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed

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to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel ofthe appointment; (2) Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing ofthe petition; (3) Order an evaluation of the proposed ward by a physician who shall be a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, other than the physician, psychologist, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10, to be conducted within 72 hours and a written report to be furnished to the court and made available to the parties within 72 hours, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-5-14; (4) Immediately notifY the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:
(A) Be served personally on the proposed ward by an officer of the court and shall not be served by mail; (B) Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management ofthe proposed ward's property; (C) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection; (D) Inform the proposed ward ofthe appointment oflegal counsel; and (E) Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and (5) Appoint an emergency conservator to serve until the emergency hearing, with or witl1out prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by tlle affidavit of a physician licensed to practice medicine under Chapter 34 ofTitle 43, a psychologist licensed to practice under Chapter 39 of Title 43, or licensed clinical social worker; provided, however, tllat, pending tlle emergency hearing, tlle court shall order tllat no witlldrawals may be made from any account on the autl10rity of tlle proposed ward's signature witllout the
court's prior approval and that tlle emergency conservator shall not expend any fimds of the proposed ward without prior court approval. Appointment of an
emergency conservator under this paragraph is not a final determination of the proposed ward's need for a nonemergency conservator.

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29-5-16. (a) The court shall conduct the emergency conservatorship hearing at the time and date set furth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court. may grant a continuance ofthe case for a period not to exceed 30 days. (b) If the court at the emergency hearing finds that an emergency conservatorship is necessary, the court shall order the emergency
conservatorship; provided, however, that:
(1) Any emergency conservator shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward; (2) The court may order the emergency conservator to make any report the court requires; and (3) The emergency conservatorship shall terminate on the earliest of:
(A) The court's removal of the emergency conservator, with or without cause; (B) The effective date of the appointment of a conservator; (C) Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a conservator; {D) The date specified for the termination in the order appointing the emergency conservator; or (E) Sixty days from the date of appointment of the emergency conservator.
ARTICLE 3

29-5-20. (a) In every conservatorship the ward has the right to:
(1) A qualified conservator who acts in the best interest ofthe ward; (2) A conservator who is reasonably accessible to the ward; (3) Have the ward s property utilized as necessary to provide adequately for the ward s support, care, education, health, and welfare; (4) Communicate freely and privately with persons other than the conservator, except as otherwise ordered by a court of competent jurisdiction; (5) Individually, or through the ward's representative or legal counsel, bring an action relating to the conservatorship, including the right to file a petition alleging that the ward is being unjustly denied a right or privilege granted by Chapter 4 of this title and this chapter and tl1e right to bring an action to modifY or terminate the conservatorship pursuant to the provisions of Code Sections 29-5-71 and 29-5-72;

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(6) The least restrictive form of conservatorship, taking into consideration the ward's functional limitations, personal needs, and preferences; and (7) Be restored to capacity at the earliest possible time. (b) The appointment of a conservator is not a detennination regarding the right ofthe ward to vote. (c) The appointment of a conservator is not a detennination that the ward lacks testamentary capacity.

29-5-21. (a) Unless the court's order specifies that one or more of the following powers are to be retained by the ward, the appointment of a conservator shall remove from the ward the power to:
(I) Make, modifY, or tenninate contracts, other than the power to contract marriage; (2) To buy, sell, or otherwise dispose ofor encumber property; (3) Enter into or conduct other business or commercial transactions; (4) Revoke a revocable trust established by the ward; and (5) Bring or defend any action at law or equity, except an action relating to the conservatorship. (b) The mere appointment of a conservator does not revoke the powers of an agent who was previously appointed by the ward to act as the ward's agent under a durable power of attorney for health care.

29-5-22. (a) Except as otherwise provided by law or by the court, a conservator shall receive, collect, and make decisions regarding the ward's property. A conservator shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward's own behal( and develop or regain the ability to manage the ward's property. A conservator, in making decisions, shall consider the expressed desires and personal values of the ward which are known to the conservator. A conservator shall at all times act as a fiduciary in the ward's best interest and exercise reasonable care, diligence, and prudence. (b) A conservator shall:
(1) Respect the rights and dignity of the ward; (2) Be reasonably accessible to the ward and maintain regular communication with the ward; (3) Ifnecessary, petition to have a guardian appointed; (4) Endeavor to cooperate with the guardian, if any; (5) Provide for the support, care, education, health, and welfare of the ward and persons who are entitled to be supported by the ward, to the extent consistent with the current and future needs and resources of the ward; (6) Give such bond as required by Code Section 29-5-40; (7) Within two months of appointment, file with the court and provide to the guardian, if any, an inventory of the ward s property and a plan for administering the property, pursuant to the provisions ofCode Section 29-5-30.

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(8} Take into acco\Ult any estate plan of the ward known to the conservator in the administration of the conservatorship; (9} Keep accurate records, including adequate supporting data, and file annual returns, as required by Code Section 29-5-60; (IO) Promptly notify the court of any change in the ward's condition that in the opinion ofthe conservator might require modification or termination of the conservatorship; (II) Promptly notify the court of any conflict of interest between the ward and the conservator when the conflict arises or becomes known to the conservator and take such action as is required by Code Section 29-5-24; and (I2) Keep the court infom1ed of the conservator s current address. (c) A conservator, solely by reason of the conservator-ward relationship, is not personally liable for: (1} The ward's expenses or the expenses of those entitled to be supported by the ward; (2} Contracts entered into in the conservator's fiduciary capacity; (3} The acts or omissions of the ward; (4) Obligations arising from ownership or control of property of the ward; or (5) Other acts or omissions occurring in the course ofthe conservatorship.

29-5-23. (a) Unless inconsistent with the terms of any court order relating to the conservatorship, a conservator without court order may:
( 1) Make reasonable disbursements from the annual income or, if applicable, from the annual budget amolUlt that has been approved by the court pursuant to Code Section 29-5-30 for the support, care, education, health, and welfare ofthe ward and those persons who are entitled to be supported by the ward; (2) Enter into contracts for labor or service upon such terms as the conservator may deem best, but only to the extent that the annual compensation payable under such contracts, when combined with other anticipated disbursements, does not exceed the amollllt of the annual income or, if applicable, the annual budget amollllt that has been approved by the court pursuant to Code Section 29-5-30; (3) Borrow money for one year or less and bind the ward or the ward's property, but only if the amolUlt of the annual payments, when combined with other anticipated disbursements, does not exceed the amo\Ult of the annual income or, if applicable, the annual budget amo\Ult that has been approved by the court pursuant to Code Section 29-5-30 and only if done for purposes of paying the ward's debts, repairing the ward's dwelling place, or providing for the support, care, education, health, or welfare ofthe ward and the persons who are entitled to be supported by the ward; (4) Receive, collect, and hold the ward's property, additions to the ward's property, and all related records; (5) Retain the property received by the conservator upon the creation of the conservatorship in accordance with the provisions of Code Section 29-5-3I;

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(6) Bring, defend, or participate in legal, equitable, or administrative proceedings, including altemative dispute resolution, as are appropriate for the support, care, education, health, or welfare of the ward in the name of or on behalfofthe ward; (7) Fulfill, as far as possible, or, to the extent pennitted by law, disaffirm the executory contracts and comply with the executed contracts ofthe ward; (8) Revoke a revocable trust set up by the ward or exercise such other powers of revocation, amendment, or withdrawal that are exercisable by the ward, but only if the governing instrument expressly allows a conservator to revoke the trust or exercise the powers; (9) Examine the will and any other estate planning documents ofthe ward; (10) Appoint an attomey in fact to act for the conservator when the conservator is Wlab1e to act; provided, however, that the conservator and the conservator s sureties shall be bound for the acts of the attomey as if the acts were the personal acts ofthe conservator; (11) Invest the ward's property pursuant to the provisions of Code Sections 29-5-32 and 29-5-33; (12) Sell the ward's stocks and bonds pursuant to the provisions of subsection (b) ofCode Section 29-5-35; (13) Compromise any contested or doubtful claim for or against the ward if the proposed gross settlement as defined in Code Section 29-3-3 is in the amoWlt of$15,000.00 or less; and (14) Release the debtor and compromise all debts in the amoWltof$15,000.00 or less when the collection ofthe debt is doubtful. (b)( I) In the petition for appointment, or at any time during the conservatorship, the conservator may request the continuing power:
(A) To invest the ward's property in investments other than those authorized in Code Section 29-5-32, pursuant to the provisions of Code Section 29-5-34, without further court approval of any investment; (B) To sell, rent, lease, exchange, or otherwise dispose of any or all of the ward's real or personal property without complying with the provisions of Code Section 29-5-35 other than the provisions for additional bond set forth in subsection (e) of Code Section 29-5-35; or (C) To continue the operation of any farm or business in which the ward has an interest (2) Unless the request for the powers described in paragraph (1) of this subsection is made in the petition for the initial appointment ofthe conservator, the court shall order a hearing as the court deems appropriate. Notice shall be given by personal service to the ward and a guardian ad litem appointed for the ward. Notice shall be given by first-class mail to the guardian of the ward, if any; the surety on the conservator's bond; and to the following relatives of the ward whose whereabouts are known: (A) The spouse ofthe ward; and (B) All adult children ofthe ward; or

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(C) If there is no adult child, then at least two adults in the following order of priority:
(i) Lineal descendants ofthe ward; (ii) Parents and siblings ofthe ward; and (iii) Friends of the ward. (c) At the time of the appointment of the conservator or at any time thereaft.er, and after appointment of a guardian ad litem for the ward and a hearing as the court deems appropriate, any ofthe following powers may be specifically granted to the conservator on a case-by-case basis, upon notice as the court shall
determine: (1) To make disbursements that exceed by no more than a specific amount the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30 for the support, care, education, health, and welfare of the ward and those persons who are entitled to be supported by the ward; (2) To enter into contracts for labor or service for which the compensation payable under such contracts, when combined with other disbursements from the estate, exceeds the annual income or, if applicable, the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30; (3) To make specific investments of the ward's property that do not comply with the provisions of Code Section 29-5-32, pursuant to the provisions of Code Section 29-5-34; (4) To sell, rent, lease, exchange, or otherwise dispose of specific items of the ward's real or personal property without complying with the provisions of Code Section 29-5-35 other than the provisions for additional bond set forth in subsection (e) ofCode Section 29-5-35; (5) To compromise a contested or doubtful claim for or against the ward if the proposed gross settlement as defined in Code Section 29-3-3, is more than $15,000.00; (6) To release the debtor and compromise all debts for which the collection is doubtful when the amount of the debt is $15,000.00 or more; (7) To use the ward's property to erect a dwelling for the ward or make an addition or renovation to the ward's dwelling place; (8) To establish or add property to a trust for the benefit of the ward and, if applicable, those individuals who are entitled to support from the ward; provided, however, unless otherwise provided by court order pursuant to Code Section 29-5-36, the trust must provide that the ward may revoke the trust if the ward is restored to capacity and the trust shall terminate upon the ward's death and any property remaining in the trust shall be paid to the ward's estate; (9) To disclaim or renounce any property or interest in property of the ward in accordance with the provisions of Code Section 53-1-20 of the Revised Probate Code of 1998; (10) To engage in estate planning for the ward pursuant to the provisions of Code Section 29-5-36; and (I I) To perform such other acts as may be in the best interest ofthe ward.

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(d) In granting any of the powers described in subsections (b) and (c) of this Code section, the court shall consider the views of the guardian, if available, or, ifthere is no guardian, ofothers who have custody ofthe ward. (e) In perfonning any of the acts described in this Code section, the conservator shall endeavor to cooperate with the guardian or, if there is no guardian, with others who have custody ofthe ward.

29-524. (a) The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property. (b) The conservator must disclose promptly any conflict of interest between the conservator and the ward when it arises or becomes known to the conservator. The conservator must seek the court' s determination as to whether the conflict is insubstantial or whether it is in the best interest of the ward for the conservator to continue to serve and not forfeit any property right. If the court finds that the conflict of interest is substantial or contrary to the best interest of the ward, the conservator may either resign or forfeit the property interest that is the source of the conflict. (c) A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator or the spouse, descendant, agent, or lawyer of the conservator or a corporation or other enterprise in which the conservator has a significant beneficial interest.

29-5-25. Before entering upon the duties of the appointment, every conservator appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oath or affirmation of a conservator may be subscribed befure the judge or clerk of any probate court of this state. The judge ofthe probate court who appoints the conservator shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation.

ARTICLE4

29-5-30. (a) Within two months of appointment, the conservator shall file with the court and provide to the ward's guardian, if any, an inventory of the ward's property and a plan for managing, expending, and distributing the property. (b) The inventory shall describe all the assets and liabilities ofthe ward and shall include a list ofall the personal and real property owned by the ward and describe how the property is titled. When the inventory is returned to the court, the conservator shall swear or affirm, in addition to the usual oath on making returnS

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that the inventory contains a true statement of all the assets and liabilities of the ward known to the conservator. (c) The plan for managing, expending, and distributing the ward's property must be based on the actual needs of the ward and take into consideration the best interest of the ward. The conservator shall include in the plan an estimate of the duration of the conservatorship, projections for expenses and resources, and any proposals to change the title of any of the assets in the conservatorship estate. The plan and any proposed budget for the expenditure of ftu1ds in excess of the anticipated income from the property must be approved by the court. With each annual return filed thereafter, the conservator shall file with the court and provide to the guardian, if any, an updated plan pursuant to the provisions of this subsection.

29-5-31. (a) A conservator may retain the property received by the conservator on the creation of the conservatorship, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and shall not be liable for the retention, except fur gross neglect. In the case ofcorporate securities, the conservator may likewise retain any securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and sinlilar procedures; and the conservator may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. (b) In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities ofthe corporate fiduciary s own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and sinlilar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authority shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing, and whetller or not any of the corporations own assets identical or sinlilar to the assets of or carry on business identical or sinlilar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or botll, of the holding company; and such authority shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary.

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29-5-32. A conservator is authorized to invest estate fimds in the following and shall not otherwise be liable for such investment, except in the case of gross neglect:
(I) Bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds; (2) Bonds issued by any county board of education under Subpart I of Part 3 of Article 9 of Chapter 2 ofTitle 20 for the purpose ofbuilding and equipping schoolhouses, which bonds have been validated and confinned as required under Part I ofArticle 2 of Chapter 82 ofTitle 36; (3) Bonds and other securities issued by this state or by the Board of Regents ofthe University System of Georgia; (4) Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds ofwhich are guaranteed by the United States govermnent; (5) Interest-bearing deposits in any financial institution located in this state, to the extent the deposits are insured by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund, or comparable insurance; (6) Bonds or other obligations issued by a housing authority pursuant to Article I of Chapter 3 of Title 8 or issued by any public housing authority or agency of the United States when such bonds or other obligations are secured by a pledge of annual contributions to be paid by the United States government or any agency thereo( as authorized by Code Section 8-3-8I; (7) Bonds or other obligations issued by a housing authority in connection with a redevelopment program pursuant to Chapter 4 of Title 8, as authorized by Code Section 8-4-II; (8) Bonds issued by the Georgia Education Authority, pursuant to Part 3 of Article II of Chapter 2 ofTitle 20, as authorized by Code Section 20-2-570; (9) Bonds issued by the Georgia Building Authority (Hospital), pursuant to Article 2 of Chapter 7 ofTitle 3I, as authorized by Code Section 3I-7-27; (10) Bonds issued by the Georgia Highway Authority, pursuant to Code Section 32-10-30, as authorized by Code Section 32-10-45; (II) Bonds or other obligations issued by a municipality or county pursuant to Chapter 6I of Title 36 or by any urban redevelopment agency or housing authority vested with urban redevelopment project powers under Code Section 36-61-17, provided that such bonds or other obligations are secured by an agreement between the issuer and the federal government in accordance with Code Section 36-6I-13, as authorized by Code Section 36-6I-I3; (12) Bonds issued by the Georgia Building Authority (Penal), pursuant to Chapter 3 ofTitle 42, as authorized by Code Section 42-3-21; (13) Farm loan bonds issued by federal land banks or joint-stock land banks under the Federal Farm Loan Act, I2 U.S.C. Sections 200I, et seq., and any notes, bonds, debentures, or other similar obligations, consolidated or otherwise, issued by farm credit institutions pursuant to the Farm Credit Act

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of 1971, 12 U.S.C. Sections 2001, et seq., as authorized by Code Section 53-12-286; (14) Real property loans, as authorized by Code Section 53-12-284:
(A) Which are not in default; (B) Which are secured by mortgages or deeds to secure debt conveying a first security title to improve real property; (C) Which are insured pursuant to the National Housing Act, 12 U.S.C. Sections 1701, et seq.; and (D) With respect to which loans, on or after default, pursuant to such insurance, debentures in at least the full amount of unpaid principal are issuable, which debentures are fully and unconditionally guaranteed both as to principal and interest by the United States; and (15) Any other investments which are designated under the laws of this state as lawful or legal investments for guardians or conservators.

29-5-33. (a) Whenever by law or by court order the conservator is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States govermnent, obligations unconditionally guaranteed by the United States govermnent, or obligations of the agencies of the United States govermnent enumerated in Code Section 29-5-32, the conservator may invest in
and hold such obligations either directly or in the form of securities or other
interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq., so long as:
(1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (b) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

29-5-34. (a) After receiving court approval as required in subsections (b) and (c) of Code Section 29-5-23, in making investments and in acquiring and retaining those investments and managing property of the ward, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making such investment decisions, a conservator

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may consider the general economic conditions, the anticipated tax consequences of the investments, the anticipated duration of the account, and the needs of the ward and those entitled to support from the ward. (b) Within the limitations of the standard provided in subsection (a) ofthis Code section and with prior approval by the court in accordance with Code Section 29-5-23, a conservator is authorized to acquire and retain every kind ofproperty, including real, personal, or mixed and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. Sections 80a-1, et seq. The propriety of an investment is to be determined by what the conservator knew or should have known at the time of the decision about the inherent nature and expected performance of a particular investment, including probable yield, the attributes ofthe portfolio, the general economy, and the needs of the ward and those entitled to support from the ward as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the ward s portfolio as a whole. Within the limitations of such standard, a conservator may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. (c) A conservator that is a financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 shall not be precluded from acquiring and retaining securities of or other
interests in an investment company or investment trust because the bank or trust
company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services.

29-5-35. (a) A conservator may sell perishable property of the ward, property ofthe ward that is liable to deteriorate from keeping, or property ofthe ward that is expensive to keep, as early as practicable and in such manner as the court shall determine is in the best interest of the ward, after such notice and opportunity for hearing, if any, as the court shall deem practicable under the circumstances. (b) A conservator may sell stocks or bonds of the ward that are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia at a sales price not less than the stock exchange bid price or the published bid price at the time of sale and pay reasonable brokerage commissions not in excess of those customarily charged by stock exchange members. (c) Except as otherwise provided in subsections (a) and (b) of this Code section. a conservator may petition the court to sell, rent, lease, exchange, or otherwise

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disPose of property of the ward, whether real or personal or mixed. The petition
shall set forth the property involved and the interests therein, the specific purpose
ofthe transaction, the proposed price, the anticipated net proceeds ofthe sale, all other terms or conditions proposed for the transaction, and that the proposed transaction is in the best interest of the ward. (d) Upon the filing ofthe petition, the court shall appoint a guardian ad litem for the ward. The petition and notice shall he served personally on the ward and the guardian ad litem. (e) Ifno written objection by a person notified pursuant to subsection (d) of this Code section is filed within 30 days following the mailing of notice or service upon the guardian ad litem, the court shall order such sale summarily in the manner and terms petitioned; provided, however, that if real property is to be converted to personal property, the court shall order the conservator to post additional bond to cover the amount of the anticipated net proceeds of the sale prior to the closing of the sale. If an objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the ward, which may require the sale to be private or at public auction, including confirmation ofthe sale by the court or otherwise. (f) A conservator shall make a full return to the court within 30 days of every sale, specifYing the property sold, the purchasers, and the amounts received, together with the terms ofthe sale. (g) The recital in the conservator's deed of a compliance with legal provisions shall be prima-facie evidence ofthe facts recited. (h) Where a conservator sells real property under the provisions of this Code section, liens thereon may be divested and transferred to the proceeds of the sale as a condition ofthe sale. (i) An emergency or temporary substitute conservator is authorized to petition the court for leave to sell or otherwise deal with the property of the estate only if good cause is shown for not waiting until a different type of conservatorship is created or the conservatorship is terminated.

29-5-36. (a) After notice to interested parties and other persons as the court may direct, and upon a showing that the ward will probably remain in need of a conservator throughout the ward's lifetime and that it is in the best interest of the ward, the court may order the conservator to apply such principal or income of the ward as is not required for the support, care, education, health, and welfare of the ward and such individuals who are entitled to support from the ward toward the establishment or continuation of an estate plan for the ward and make transfers ofthe ward's personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the ward's circumstances would make such transfers and there is no evidence that the ward, if not in need of a conservator, would not adopt such an estate plan. (b) Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the ward and shall consider:

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(I) The composition and value of the entire estate of the ward, other known sources of support available to the ward and individuals who are entitled to be supported by the ward, and the income produced thereby; (2) The probable expenses for the support, care, education, health, or welfare of the ward and such individuals who are entitled to be supported by the ward for the remainder of the ward's lifetime in the standard of living to which the ward and the other individuals have become accustomed; (3) The identity ofthe proposed transferees and, in particular, whether they are natural objects of the ward's bounty by relationship or prior behavior of the ward; (4) The purpose and estate planning benefit to be derived by the transfer as well as the possible harm to any interested party; (5) Any previous history or predisposition toward making similar transfers by the ward.

ARTICLE 5

29-5-40. (a) A conservator appointed by the court shall give bond with good and sufficient security. (b) A financial institution, trust company, national or state bank, savings bank, or savings and loan association described in Code Section 7-1-242 that seeks to quality as a conservator is not required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $3 million as reflected in its last statements signed by the Comptroller ofthe Currency ofthe United States or the conunissioner ofbanking and finance. (c) The clerk ofthe court shall record bonds in books kept for that purpose and shall retain custody ofthe bonds.

29-5-41. (a) The bond of a conservator shall be:
(I) Secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state; (2) Payable to the court for the benefit of the ward; (3) Conditioned upon the faithful discharge of the conservator's duty, as such is required by law; and (4) Attested by the judge or clerk of the court. (b) The court may order a conservator who is required to give bond to post bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions oflaw for the discharge of a surety applicable to other bonds. (c) The bond shall be in a value equal to double the estimated value ofthe ward's estate; provided, however, that the bond shall be in an amount equal to the

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estimated value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes ofthe bond shall be determined without regard to the value of any real property or improvements thereon but upon conversion of the real property into personal property, a bond shall be given based upon the value of the estate including the value ofthe personal property into which the real property was converted. (d) Substantial compliance with these requirements for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requirements as to payee, amount, or condition, where the manifest intention was to give bond as conservator and a breach of the fiduciary's duty as such has been proved.

29-5-42. If the value of the ward's bonded estate decreases, the court may permit a corresponding reduction in the value of the bond, but this reduction does not affect the liability of the surety for prior waste or misconduct of the conservator.

29-5-43. (a) Whenever it comes to the knowledge of the court, either by annual returns or otherwise that:
(1) Additional personal property has accrued to the ward by descent, gift, or otherwise; (2) For any other reason the bond or security ofthe conservator fails to comply with the minimum statutory bond amount set forth in Code Section 29-5-40; or (3) The bond or security is otherwise insufficient in the judgment of the court, the court shall give notice to the conservator to appear and give additional bond or security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-92. (b) When it comes to the knowledge of the court that the surety on the conservator's bond has died, become insolvent, or removed from this state or if from other cause the security becomes insufficient, the court may give notice to the conservator to appear and give other and sufficient security. Notice shall be mailed by first-class mail to the conservator and to the surety on the conservator's bond. If the conservator fails to comply with the notice, the court may revoke the letters of conservatorship in accordance with Code Section 29-5-102.

29-5-44. (a) A conservator who is required to give bond, and who has given as security on the bond one or more licensed commercial sureties, may pay any bond premium from the estate. (b) When the guardian is required to give bond pursuant to Code Section 29-4-30, the conservator shall pay any bond premium from the estate.

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29-5-45. If the appointment of a conservator for any cause is declared void, the surety of that conservator shall nevertheless be responsible on the bond for any property received by the conservator.

29-5-46. The conservator and any surety shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a conservator moves beyond the limits of this state, dies, and leaves an unrepresented estate, or is in a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that conservator in the conservator s representative capacity may institute an action against any one or more of the sureties on the bond of the conservator in the first instance, without first obtaining a judgment against the conservator in that person s representative capacity.

29-5-47. (a) When a judgment has been obtained against the conservator or the surety on the bond of a conservator, or both, a levy may be made upon any property of any defendant in fi. fa. (b) The court shall be authorized to enter a judgment and to issue a writ of execution against the conservator and surety on the bond and shall be authorized to grant judgment and execution in favor of the surety against the conservator upon payment ofthe judgment by the surety.

29-5-48. In all cases of judgments recovered against a conservator or any surety of a conservator, the execution shall first be levied on the property of the surety and no levy shall be made on the property of the conservator until there is a return of nulla bona as to the surety.

29-5-49. (a) The surety on the bond of any conservator or, if the surety is dead, the surety s personal representative, may at any time petition the court regarding any misconduct of the conservator in the discharge of the conservator's trust or to show the court its desire for any reason to be relieved as surety. The death of a surety shall be a sufficient ground for tl1e discharge of the surety from future liability. (b) Upon a petition by the surety or the surety s personal representative, the court shall cite the conservator to appear and show cause, if any, why the surety should not be discharged. After hearing the parties and the evidence, the court, in its discretion, may issue an order discharging the surety from all future liability and require the conservator to give new and sufficient security or be removed. (c) If new security is given, the discharged surety shall be discharged only frolll liability for future misconduct of the conservator from the time the new security

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is given. The new surety shall be liable for past as well as future misconduct of the conservator. (d) If new security is not given and the conservator is removed, the discharged surety shall be bound for a true accounting of the conservator with the successor conservator or with the ward if no other conservator is appointed. In all cases where letters of conservatorship are revoked, any surety on the bond shall be liable for all acts of the conservator in relation to the trust up until the time ofthe settlement with the new conservator or the ward.

ARTICLE 6

29-5-50. (a) Other than an emergency conservator or a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to:
(I) Two and one-half percent commission on all sums of money received by the conservator on account ofthe estate, except on money loaned by and repaid to the conservator, and 2 112 percent commission on all sums paid out by the conservator; (2) An additional commission equal to one-half of I percent computed on the market value of the estate as of the last day of the reporting period. This commission shall be proportionately reduced for any reporting period of less than I2 months; (3) Ten percent commission on the amount of interest earned if it is earned during the course ofthe conservatorship. The conservator shall receive interest on money loaned by the conservator in that capacity and shall include the interest on the money loaned on the return to the court so as to become chargeable with the interest as a part ofthe corpus ofthe estate; (4) Reasonable compensation, as determined in the discretion of the court and after such notice, if any, as the court. shall direct, for the delivery over of property in kind, not exceeding 3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent ofthe fair value as found by the court, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the court and irrespective of whether the property, except money, is tangible or intangible or personal or real; and (5) In the discretion of the court, compensation for working land for the benefit of the parties in interest, but not to exceed I 0 percent of the annual income ofthe managed property. (b) Whenever any portion of the dividends, interest, or rents payable to a conservator is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount withheld shall be deemed to have been collected by the conservator. (c) Where some or all of the estate passes through the hands of several conservators by reason of the death, removal, or resignation of the first qualified conservator or otherwise, the estate shall not be subject to diminution by charges of commission of each successive conservator holding and receiving in the same

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right but rather commissions for receiving the estate shall be paid to the first conservator who receives the property for the benefit ofthe estate or that persons representative, and commission<> for paying out shall be paid to the conservator who actually distributes the fimd. No commissions shall be paid for handing over the fimd to a successor conservator. If there is more than one conservator serving simultaneously, the division of the compensation allowed each conservator shall be according to the services rendered by each conservator. (d) A conservator shall not be entitled to a commission for any sums paid to any conservator ofthe estate as commissions or other compensation. (e) Conservators who fail to make annual returns as required by law shall forfeit all commission for transactions during the year within which no return is made unless the court, upon cause shown, shall by special order entered on the record, relieve the conservator from the forfeiture. (t) A conservator may renounce his or her right to all or any part of the compensation to which the conservator is entitled under this Code section.

29-5-51. Conservators shall be allowed reasonable expenses incurred in the administration ofthe estate, including without limitation, expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservator s commissions are part of the expense of administering the estate and may be charged against the corpus of the estate as well as the income ofthe estate.

29-5-52. (a) A conservator may petition tl1e court for compensation that is greater than the commissions allowed under Code Section 29-5-50. Service of notice of the
petition for extra compensation shall be made to the ward and to a guardian ad
litem appointed for the ward. Service shall be made in the manner described in Chapter 9 of this title and shall direct the parties served to file any writtro objections to the petition for extra compensation with tlle court within ten days from tlle date ofservice. (b) After hearing any objection filed by or on behalfof the ward, tlle court shall allow such extra compensation as tile court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest.

29-5-53. (a) Any conservator who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or oilier business enterprise where the estate of the ward owns an interest in the corporation or other business enterprise, provided that:
(1) The services furnished by the conservator to the corporation or othtt business enterprise are of a managerial, executive, or business advisory nature; (2) The compensation received for tile services is reasonable; and

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(3) The services are performed and the conservator is paid pursuant to a contract executed by the conservator and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the conservator and who are not related to the conservator and provided the contract is approved by the court ofthe county which has jurisdiction over the conservatorship. (b) Any conservator receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 29-5-52; provided, however, that nothing in this Code section shall prohibit the receipt by the conservator of extra compensation for services rendered in respect to other assets or matters involving the estate. (c) Nothing in this Code section shall prohibit the receipt by a conservator of normal commissions and compensation for the usual services performed by a conservator pursuant to law. (d) The purpose of this Code section is to enable additional compensation to be paid to a conservator for business management and advisory services to corporations and business enterprises pursuant to a contract without the necessity ofpetitioning for extra compensation pursuant to Code Section29-5-52.

29-5-54. An emergency conservator or temporary substitute conservator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 9 of this title. The court shall award reasonable compensation to an emergency conservator or temporary substitute conservator and such compensation shall be the only compensation or commission paid to the emergency conservator or temporary substitute conservator for services performed in that capacity. For good cause, including but not limited to services performed and compensation awarded to an emergency conservator or temporary substitute conservator, the court may reduce the compensation due the conservator under other provisions ofthis article.

ARTICLE 7

29-5-60. (a) Each year, within 60 days of tl1e anniversary date of qualification, every conservator shall file with the court a verified return consisting of a statement of the receipts and expenditures ofthe conservatorship during the year preceding the anniversary date of qualificatio11, an updated inventory consisting of a statement of the assets and liabilities ofthe estate as ofthe anniversary date of qualification, an updated plan for managing, expending, and distributing the ward s property, a note or memorandum of any other fact necessary to show the true condition of the estate, and a statement of the current amount of the bond. The conservator

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shall mail a copy of the return by first-class mail to the surety on the conservator s bond, the ward, and the ward s guardian, if any. (b) Upon petition of the conservator or upon the court s own motion, the court may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the court. In lieu of changing the reporting date, the court is authorized to accept a return for filing even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order ofthe court, tmless the court also enters an order changing the reporting date. (c) The court shall carefully examine each return of a conservator and, upon petition of any interested person or upon the court s own motion, may require the conservator to produce the original documents that support the return. Except as otherwise provided in this subsection, if no objection is filed within 30 days of the time the return is filed, the court shall record the return within 60 days of its filing. The return shall be kept on file in the court. The recorded return shall be prima-facie evidence of its correctness. If there is an objection to the return or if the court on its own motion determines that the conservator may have wasted the property of the ward or failed in any manner to comply with applicable law, the court shall hold a hearing or take such other action as the court deems appropriate. (d) The court shall keep a docket of conservators liable to file returns. Upon the failure of any conservator to file any return by the time frame required by law, the court shall cite the conservator to appear and show reason for the delay. A
conservator who fails to file an annual return as required by law shall forfeit all
commissions and other compensation for the year within which no return is filed tmless otherwise ordered by the court. A willful and continued failure to file a return shall be good cause for removal.

29-5-61. (a) At any time after the six-month period following qualification, but not more frequently than once every 24 months, a conservator may petition the court fur an interim settlement of accotmts. The court shall appoint a guardian ad litem fur the ward upon the filing ofthe petition for an interim settlement of accounts. (b) The petition for an interim settlement of accounts shall be accompanied by a report which shall set forth all of the information required by law in annual returns and, in addition thereto, shall show:
(I) The period which the report covers; (2) The name and address of the ward, the name and address of the wards guardian, if any, and the name of the surety on the conservator s bond, with the amount ofthe bond; and (3) Such other facts as the court may require. (c) The court, upon the petition for an interim settlement of accounts being filed. shall issue a citation and shall require any objections to be filed in accordance with Chapter 9 of this title. The ward and the guardian ad litem shall be served

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. personally, and the ward s guardian, if any, and the surety of the conservator' s . bond shall be served by first-class maiL

29-5-62.
Any interested person may file an objection to the conservator's interim
settlement of accounts. Upon receipt of objections or upon the court's own
motion, the court shall hold a hearing in which it shall consider all objections, hear evidence, and determine whether the conservator shall be discharged from liability for the period covered by the interim settlement of accounts.

29-5-63. If the court finds that the conservator is liable to the ward, the court shall enter a judgment against the conservator and any surety in the amount of such liability.

ARTICLE 8

29-5-70. (a) Upon the petition of any interested person, including the ward, or upon the court's own motion, the court may conduct a judicial inquiry into whether the ward is being denied a right or privilege provided for by this chapter and may issue appropriate orders. Except for good cause shown, the court shall order that Jtotice of the inquiry be given, in whatever form the court deems appropriate, to . the ward, the conservator, the ward's legal counsel, if any, and the ward's guardian, if any. The court, in its discretion, may appoint legal counsel for the ,ward or a guardian ad litem, or both. (b) No petition alleging that the ward is being unjustly denied a right or privilege provided for by this chapter shall be allowed by the court witllin two years after the denial or dismissal on the merits of a petition alleging that the ward is being Wljustly denied substantially the same right or privilege unless the petitioner , shows a significant change in the condition or circumstances of the ward.

29-5-71. (a) Upon the petition of any interested person, including the ward, or upon the .court's own motion, the court may modify the conservatorship by adjusting the duties or powers of the conservator, as defined in Code Sections 29-5-14 and 29-5-15, or the powers of the ward, as defined in Code Section 29-5-13, or by making other appropriate adjustments to reflect the extent of the current capacity ofthe ward or other circumstances ofthe conservatorship. Except for good cause shown, the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the conservator, the ward s legal counsel, if any, and the ward's guardian, if any. In any proceeding under this Code section that would expand or increase the powers of the conservator or further restrict the rights of the ward, the court shall appoint legal counsel for the ward. In all other cases, the court, in its discretion, may appoint legal counsel for the ward or a guardian ad litem, or both.

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(b) If the petition for modification alleges a significant change in the capacity of the ward, it must be supported either by the affidavits of two persons who have knowledge of the ward, one of whom may be the petitioner, or of a physician licensed to practice medicine w1der Chapter 34 of Title 43, psychologist licensed to practice under Chapter 39 of Title 43, or a licensed clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe tilat there has been a significant change in the capacity of the ward, the court shall dismiss the petition. If the petition is not dismissed, the court shall order that an evaluation be conducted, in accordance with the provisions of subsection (d) of Code Section 29-5-11. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that there has been a significant change in the capacity ofthe ward, the court shall dismiss the petition If the petition is not dismissed, the court shall schedule a hearing, with such notice as tile court deems appropriate. (c) If the petition for modification does not allege a significant change in the capacity of the ward, the court in its discretion may modify the conservatorship upon a showing that the modification is in the ward s best interest; provided, however, tilat tile court may order compliance with any of the provisions of subsection (b) ofthis Code section prior to granting the petition for modification (d) In any proceeding under this Code section that would expand or increase the powers of the conservator or further restrict the powers of the ward, the hurd$ is on the petitioner to show by clear and convincing evidence that the modification is in the ward's best interest. In any proceeding under this Code section that would restrict the powers of the conservator or restore powers to the ward, the burden is on the petitioner to show by a preponderance of the evidence that the modification is in the ward s best interest. (e) No petition for modification shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for substantially the same modification unless the petitioner shows a significant change in the condition or circumstances ofthe ward.

29-5-72.
(a) Upon the petition of any interested person, including the ward, or upon the
court's own motion, and upon a proper showing that the need for a
conservatorship has ended, the court may terminate the conservatorship and
restore all personal and property rights to the ward Except for good cause shown.
the court shall order that notice of the petition be given, in whatever form the court deems appropriate, to the ward, the conservator, the ward s legal counse~ and the ward s guardian, if any. The court shall appoint legal counsel fur the
ward and may, in its discretion, appoint a guardian ad litem.
(b) A petition for termination must be supported either by the affidavits of twO
persons who have knowledge of the ward, one of whom may be the petitioner,
or of a physician licensed to practice medicine under Chapter 34 of Title 43, a
psychologist licensed to practice under Chapter 39 of Title 43, or a license!l

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clinical social worker, setting forth the supporting facts and determinations. If, after reviewing the petition and the affidavits, the court determines that there is no probable cause to believe that the conservatorship should be terminated, the court shall dismiss the petition. If the petition is not dismissed the court shall order that an evaluation be conducted in accordance with the provisions of subsection (d) of Code Section 29-5-ll. If, after reviewing the evaluation report, the court finds that there is no probable cause to believe that the conservatorship should be terminated, the court shall dismiss the petition. If the petition is not dismissed the court shall schedule a hearing with such notice as the court deems appropriate. (c) In any proceeding under this Code section the burden is on the petitioner to show by a preponderance of the evidence that there is no longer a need for the conservatorship. (d) No petition for termination of a conservatorship shall be allowed by the court within two years after the denial or dismissal on the merits of a petition for termination of the conservatorship unless the petitioner shows a significant change in the condition or circumstances ofthe ward. (e) The death of the ward automatically terminates the conservatorship except fur purposes of the final settlement of the petition for letters of discharge, as provided in Code Section 29-5-81. (f) Upon termination of the conservatorship, the conservator shall deliver any money or property to the former ward or, if the ward is deceased, to the ward's personal representative.

ARTICLE 9

29-5-80. (a) Upon the termination of the conservatorship or the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court. which covers the period from the latest annual return filed by the conservator. The final return shall contain the information required for annual returns and shall otherwise comply with the provisions of Code Section 29-5-60. Notice shall be published one time in the newspaper in which sheriffs advertisements are published in the county in which the petition is filed and shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court, which shall not be less then 30 days from the date ofpublication. The court shall examine any objections filed. (b) If no objection is filed or if, upon hearing any objection, the court is satisfied
that the order dismissing the conservator from office is appropriate, the court
shall enter an order dismissing the conservator from office. Such order shall not
bar an action against the conservator or the conservator s surety.

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29-5-81. (a) A ward who has been restored to capacity, the personal representative of a deceased ward, a successor conservator, or any interested person may petition the court for an order requiring a conservator or that conservator s personal representative to appear and submit to a final settlement of the conservator s accounts. Alternatively, the court on its own motion may issue such an order. The settlement period shall begin from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. If the conservator fails or refuses to appear as cited, the court may proceed without the appearance of the conservator. Ifthe conservator has been required to give bond, the surety on the bond shall be bound by the settlement if the surety is given notice by first-class mail ofthe settlement proceeding. (b) A conservator, a former conservator, the conservator of a conservator, or the personal representative of a deceased conservator shall be allowed to cite the ward, the ward's personal representative, or a successor conservator to appear and be present at a final settlen1ent of the conservator s accounts and discharge from liability in the manner provided in this Code section. The settlement period shall begin with the period of time from the commencement of the conservatorship or the end of the period covered by the last interim settlement of accounts. Notice by first-class mail of the settlement proceeding must be givro to the surety on the conservator's bond and to the ward's guardian, if any. If the ward has not been restored to capacity or ifthe conservator is the ward's personal representative, the court shall appoint a guardian ad litem for the ward who shall be served personally. (c) Upon the return of a notice referred to in subsections (a) and (b) ofthis Code Section, the court shall proceed to exaniine all returns and accounts of the conservator during the settlement period and to hear any objection to the settlement and discharge. (d) The court shall order any property in the hands of the conservator to be delivered to the ward, the ward's personal representative, or to the successor conservator and shall issue a judgment, writ of fieri facias, and execution thereon for any sums found to be due from the conservator. If the court is satisfied that the conservator has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the conservator from all liability.

ARTICLE 10

29-5-90. (a) A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator, acting on behalf of the conservator, may resign upon petition to the court showing to the satisfaction of the court that:
(I) The conservator is unable to continue serving due to age, illness, infirnrity, or other good cause; (2) Greater burdens have devolved upon the office of conservator than those that were originally contemplated or should have been contemplated when the

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conservator was qualified and the additional burdens work a hardship upon the conservator; (3) Disagreement exists between the ward and the conservator or between the guardian and the conservator in respect ofthe conservator s management ofthe ward's property, which disagreement and conflict appear to be detrimental to
the ward; (4) The resignation of the conservator will result in or permit substantial financial benefit to the ward; or (5) The resignation would not be disadvantageous to the ward. (b) The petition for resignation shall include the name of a suitable person who is willing to accept the conservatorship. (c) The court shall appoint legal counsel for the ward and personal service of the petition for resignation shall be made upon the ward and the ward's legal counsel. Service shall be made by first-class mail to the guardian of the ward, if any, the surety on the conservator s bond, and to the following persons whose whereabouts are known and who must be persons other than the resigning conservator or the proposed successor conservator: (1) The spouse ofthe ward; and (2) All adult children ofthe ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) lineal descendants ofthe ward; (B) Parents and siblings oftheward; and (C) Friends ofthe ward. (d) It; after such hearing as the court deems appropriate, the court is satisfied that the petition for the resignation of the conservator and the appointment of the successor conservator should be granted, the court shall enter an order appointing the successor conservator in accordance with the provisions of Code Section 29-5-101 and shall accept the resignation. subject to the resigning conservator turning over to the successor conservator all property held by the conservator.

29-5-91. (a) In the event of the death of a conservator and upon the petition of an interested person or upon the court's own motion, the court shall appoint a successor conservator. The court shall appoint legal counsel for the ward and personal service of the petition shall be made upon the ward and the ward s legal counsel. Notice shall be given by first-class mail to the guardian of the ward, if any, the surety on the conservator's bond, the personal representative of the deceased conservator, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:
(1) The spouse ofthe ward; and (2) All adult children ofthe ward; or (3) If there is no adult child, then at least two adults in the following order of priority:

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(A) lineal descendants ofthe ward; (B) Parents and siblings ofthe ward; and (C) Friends ofthe ward. (b) After such hearing as the court deems appropriate, the court shall enter an order appointing a successor conservator in accordance with the provisions of Code Section 29-5-101 and requiring the personal representative ofthe deceased conservator to tum over to the successor conservator all property ofthe ward held by the conservator.

29-5-92. (a) Upon the petition of any interested person or whenever it appears to the court that good cause may exist to revoke or suspend the letters of conservatorship or to impose sanctions, the court shall cite the conservator to answer the charge. The court shall investigate the allegations and may require such accounting as the court deems appropriate. The court may appoint a temporary substitute conservator to take possession of and administer the ward's property during the investigation. (b) Upon investigation, the court may, in its discretion:
( 1) Revoke or suspend the letters of conservatorship; (2) Require additional security; (3) Require the conservator to appear and submit to a settlement of accounts following the procedure set forth in Code Section 29-5-81, whether or not the conservator has first resigned or been removed and whether or not a successor conservator has been appointed; (4) Reduce or deny compensation to the conservator or impose any other sanction or sanctions as the court deems appropriate; and (5) Issue such other orders as in the court's judgment are appropriate under the circumstances of the case.
(c) The revocation or suspension of letters of conservatorship shall not abate any
action pending for or against the conservator. The successor conservator shall be made a party to the action in the manner provided in Code Section 9-11-25.

29-5-93. (a) If a conservator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a ward or an interested person on behalf of the ward shall have a cause of action as appropriate:
(1) To recover damages; (2) To compel performance ofthe conservator s duties; (3) To enjoin the commission of a breach of fiduciary duty; or (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise. (b) When the ward's assets are misapplied and can be traced into the hands of persons who have notice of the misapplication, a trust shall attach to the assets.

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(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or conunon law.

29-5-94. All actions against a conservator, except on a conservator s bond, shall be brought within six years of the termination of the conservatorship of the ward, except as provided in Code Section 9-3-90.

ARTICLE II

29-5-100. (a) Upon its own motion or upon the petition of any interested party, including the ward, the court may appoint a temporary substitute conservator fur a ward if it appears to the court that the best interest ofthe ward requires immediate action. (b) The temporary substitute conservator shall be appointed for a specified period not to exceed 120 days. (c) The court shall appoint as temporary substitute conservator the county guardian or some other appropriate person who shall serve the best interest ofthe ward. (d) Except as otherwise ordered by the court, a temporary substitute conservator has the powers set forth in the order of appointment. The authority of the previously appointed conservator is suspended for as long as the temporary substitute conservator has authority. (e) Notice of the appointment of a temporary substitute conservator shall be served personally on the ward. Notice of the appointment shall be served personally on the previously appointed conservator at the last address provided by that conservator to the court. Notice of the appointment shall be mailed by first-class mail to the surety of the previously appointed conservator and to the ward's guardian, if any. (f) The court may remove the temporary substitute conservator at any time. A temporary substitute conservator shall make any report and shall give any bond the court deems appropriate. In all other respects, the provisions of this chapter apply to the temporary substitute conservator.

29-5-101. (a) The court shall appoint a successor conservator upon the resignation, death, or revocation of the letters of the conservator if the appointment of a successor conservator is in the best interest of the ward. The court shall select the successor conservator in the manner provided in Code Section 29-5-3. (b) The court shall appoint legal counsel for the ward. In the event of the resignation or death of the conservator, notice of the proceeding for appointment of a successor conservator shall be given as provided in Code Sections 29-5-90 and 29-5-91. In all other cases, notice of the proceeding for appointment of a successor conservator shall be served personally on the ward and the ward's legal

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counsel. Notice shall be made by first-class mail to the guardian of the ward, if any, and to the following persons whose whereabouts are known and who must be persons other than the proposed successor conservator:
(1) The spouse of the ward; and (2) All adult children of the ward; or (3) If there is no adult child, then at least two adults in the following order of priority:
(A) Lineal descendants ofthe ward; (B) Parents and siblings ofthe ward; and (C) Friends ofthe ward. (c) After such hearing as the court deems appropriate, the court shall enter an order appointing the successor conservator and requiring that bond be posted in the amount set out in Code Section 29-5-40.

29-5-102. Upon the appointment of a successor conservator, the predecessor conservator or the personal representative of a deceased predecessor conservator shall deliver to the successor conservator all property of the ward held by the conservator and shall submit a final return covering the period since the conservator s last annual return. The surety of the predecessor conservator shall be liable for all acts ofthe
conservator in relation to the ward's property up to the time of the receipt of all
ofthe ward's property by the successor conservator.

ARTICLE 12

29-5-110. (a) Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the ward's legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court. to the superior court in the county in which the proceedings were held. The appeal shall be in the same manner as other appeals from the probate court to the superior court but shall be heard as expeditiously as possible. The appeal shall be de novo unless b) agreement the parties specifically limit the issues. The ward shall retain the righ1 to counsel or to have counsel appointed; provided, however, that if counsel w~
appointed by the probate court, the appointment shall continue on appeal to tht
superior court. The burden of proof shall be upon the petitioner and the standard used by the court in reaching its decision shall be clear and convincing evidence. (b) All rights of appeal from the superior court shall be as provided by law. (c) The filing of an appeal to the superior court from the judgment ofthe probate court shall act as a supersedeas. (d) Pending any appeal, the superior court or a probate court that is described in paragraph (2) of Code Section 15-9-120 may appoint an emergency conservator with powers and duties as are described in Code Section 29-5-16; provided. however, that such emergency conservator may be appointed only upon the fi}ing of an affidavit of a physician licensed to practice medicine under Chapter 34 of

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Tide 43, a psychologist licensed to practice llllder Chapter 39 of Tide 43, or a licensed clinical social worker setting forth the existence of the emergency circumstances described in subsection (d) of Code Section 29-5-14 and after a bearing at which other evidence may be presented. The appointment of an emergency conservator is not appealable.

ARTICLE 13 Part 1

29-5-120. (a) A conservator may petition to remove the conservatorship to the jurisdiction ofthe court ofthe colUlty in this state in which the ward resides. (b) Upon the filing of a petition to remove the conservatorship to another collllty in this state, the court shall appoint a guardian ad litem for the ward. The court of the colUlty in which the conservator was appointed shall grant the petition for removal only if the court determines that the removal is in the best interest of the ward. (c) Before the removal of the conservatorship to another collllty in this state, the conservator must give bond and good security to the court of such collllty as if the conservator had been first appointed by that court and a certificate to this effect shall be filed in the court in which the conservator was appointed. The conservator shall file with the court of the collllty to which the conservatorship is to be removed certified copies of all the records pertaining to the conservatorship. (d) Following removal of a conservatorship to another collllty in this state, the court to which the conservatorship is removed shall have the same jurisdiction over the conservator as if the conservator had been first appointed in that collllty, and every case growing out of or affecting the conservatorship shall be heard and tried only in the COllllty to which the conservatorship has been removed. (e) The sureties on the conservator s first bond shall be liable only for misconduct of the conservator up lllltil the giving of new bond and security. The sureties on the new bond shall be liable for both past and future misconduct of the conservator. (f) The court in which an action or proceeding is pending or which has issued an order for a settlement of accollllts, removal, or sanction of a conservator shall retain jurisdiction of such matters even though the conservatorship has been removed to another collllty.

Part2

29-5-125. (a) For purposes of this part and Part 3 of this article, the term 'conservatorship' refers to a legal relationship in which a person is given responsibility by a court of competent jurisdiction for the care of the property of an incapacitated adult

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who shall be referred to with the term ward, and the individual thereby becomes a conservator. (b) A conservator who has been appointed by a foreign court of competent jurisdiction may petition to have the conservatorship transferred to and accepted in this state by filing a petition for receipt and acceptance of the foreign conservatorship in the court of the county in this state where the ward resides or may reside. (c) The petition shall include the following:
(I) An authenticated copy ofthe foreign conservatorship order, including: (A) All attachments describing the duties and powers of the conservator; and (B) All amendments or modifications to the foreign conservatorship order entered subsequent to the original order, including any order to transfer the conservatorship;
(2) The address ofthe foreign court which issued the conservatorship order; (3) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses ofthe courts where the petitions have been filed; (4) The petitioner s name, address, and county of domicile; (5) The name, age, and address ofthe ward; (6) The names and addresses of the following, ifliving:
(A) The spouse ofthe ward; and (B) All children ofthe ward; or (C) If there are no adult children, then at least two adults in the following order ofpriority:
(i) Lineal descendants ofthe ward; (ii) Parents and siblings ofthe ward; and (iii) Friends ofthe ward; (7) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other conservator currently serving; (8) The name and address of any currently acting legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward; (9) The name and address ofthe ward's guardian, if any; (I 0) The name and address ofthe surety on the conservator's bond; (11) The reason the transfer is in the ward's best interest; and (12) To the extent known to the petitioner, a statement of the location and estimated value of the ward's property and the source and amount of any anticipated income or receipts. (c) The petition may be combined with other petitions related to the conservatorship, including a petition to modify the terms of the conservatorship.

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29-5-126. (a) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be served personally on the ward. The notice shall:
(1) State that the ward has a right to a hearing on the petition; (2) Infurm the ward ofthe procedure to exercise the ward s right to a hearing;
and (3) State that the ward has the right to independent legal coWisel and that the court shall appoint legal coWISel for the ward Wlless the ward has retained coWISel or legal coWisel has been appointed by the foreign court to represent the ward in the transfer ofthe conservatorship. (b) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be provided to the court from which the conservatorship is to be transferred. Notice to the foreign court shall include a request that the fureign court to: (1) Certi:f)r whether:
(A) The foreign court has any record that the conservator has engaged in malfeasance, misfeasance, or nonfeasance during the conservator s appointment; (B) Periodic reports have been filed in a satisfactory manner; and (C) All bond or other security requirements imposed Wider the conservatorship have been performed; and (2) Forward copies of all docwnents filed with the foreign court relating to the conservatorship, including but not limited to: (A) The initial petition for conservatorship and other filings relevant to the appointment ofthe conservator; (B) Reports and recommendations of guardians ad litem, court visitors, or other individuals appointed by the foreign court to evaluate the appropriateness ofthe conservatorship; (C) Reports of physical and mental health practitioners describing the capacity of the ward to care for himself or herself or to manage his or her affairs; (D) Periodic status reports on the condition of the ward and the ward s assets; and (E) The order to transfer the conservatorship, if any. (c) Notice and a copy of the petition for receipt and acceptance of a foreign conservatorship shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the right to object to the receipt and acceptance ofthe conservatorship by this state. (d) The ward shall have 30 days from the date of service of the petition for receipt and acceptance of a foreign conservatorship to request a hearing on the petition. All other persons to whom notice is given Wider this Code section shall have 30 days from the date ofthe mailing ofthe notice to request a hearing on the petition. (e) The court may waive the notice requirements of subsections (a) through (c) ofthis Code section if

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(I) The conservator has filed a petition in the foreign court for transfer and release of the conservatorship to this state; (2) Notice was given to the ward and all interested persons in conjunction with the petition for transfer and release ofthe conservatorship; (3) The petitioner provides the court with an authenticated copy ofthe petition for transfer and release of the conservatorship filed with the foreign court and proof that service was made on the ward not more than 90 days from the date the petition for receipt and acceptance of the conservatorship is filed in the court; and (4) The ward is represented by legal counsel with respect to the petition in the foreign court.

29-5-127. (a) Upon the court's own motion or upon timely motion by the ward or by any interested person the court shall hold a hearing to consider the petition for receipt and acceptance ofthe foreign conservator. (b) If any interested person challenges the validity of the foreign conservator or the authority of the foreign court to appoint the conservator, the court may stay its proceeding while the petitioner is afforded the opportunity to have the foreign court hear the challenge and determine its merits.

29-5-128. (a) The court may grant a petition for receipt and acceptance of a foreign conservatorship provided the court finds that:
(I) The conservator is presently in good standing with the foreign court; and (2) The transfer of the conservatorship from the foreign jurisdiction is in the best interest ofthe ward. (b) In granting the petition, the court shall give full faith and credit to the provisions of the foreign conservatorship order concerning the determination of the ward s incapacity. (c) The court may require the conservator to file an inventory of the ward's property at the time ofthe transfer from the foreign jurisdiction. (d) Subject to subsection (e) ofthis Code section, at all times following the entry of the order accepting the guardianship, the laws of the state of Georgia shall apply to the conservatorship. (e) In order to coordinate efforts with the foreign court to facilitate the orderly transfer ofthe conservatorship, the court is authorized to: (I) Delay the effective date of the receipt and acceptance for a reasonable period oftime; (2) Make the receipt and acceptance contingent upon the release of the conservatorship or the termination of the conservatorship and the discharge of the conservator in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to release the

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conservatorship or to tenninate the conservatorship and discharge the conservator in the fureign jurisdiction; or (4) Make other arrangements the court deems necessary to effectuate the receipt and acceptance ofthe conservatorship. (f) The denial of a petition for receipt and acceptance ofthe conservatorship does not affect the right of a conservator appointed by a foreign court of competent jurisdiction to petition for conservatorship under Code Section 29-5-10.

Part 3

29-5-130. (a) A conservator may petition the Georgia court. which has jurisdiction over the conservatorship to transfer the conservatorship to a foreign court of competent jurisdiction ifthe ward has moved permanently to the foreign jurisdiction. (b) The ward may be presun1ed to have moved permanently to the foreign jurisdiction if:
(1) The ward has resided in the foreign jurisdiction for more than 12 consecutive months; (2) The conservator notifies the court that the ward will move or has moved permanently to the foreign jurisdiction; or (3) A foreign court of competent jurisdiction notifies the court of the filing of a petition for conservatorship for the ward in the foreign jurisdiction. (c) To facilitate the transfer of the conservatorship the court may order the conservator to file a petition for receipt and acceptance of the conservatorship in the foreign jurisdiction. (d) If the foreign jurisdiction does not have a procedure for receiving and accepting a foreign conservatorship, the court may order the conservator to file a petition for conservatorship in the foreign jurisdiction.

29-5-131. The petition to transfer a conservatorship to a foreign jurisdiction shall include the following:
(1) The name and address of the foreign court to which the conservatorship shall be transferred and an authenticated copy of the petition for receipt and acceptance of a foreign conservatorship if previously filed in the foreign court; (2) A listing of any other conservatorship petitions that are pending in any jurisdiction and the names and addresses ofthe courts where the petitions have been filed; (3) The petitioner s name, address, and county of domicile; (4) The name, age, and current address of the ward and the new or proposed address ofthe ward; (5) The names and addresses of the following, ifliving:
(A) The spouse ofthe ward; and (B) All children ofthe ward; or

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(C) If there are no adult children, then at least two adults in the following order ofpriority:
(i) Lineal descendants ofthe ward; (ii) Parents and siblings ofthe ward; and (iii) Friends ofthe ward; (6) The name and address of the person responsible for the care and custody of the ward, if other than the petitioner, and of any other conservator currently serving; (7) The name and address ofthe ward's guardian, if any; (8) The name and address ofthe surety on the conservator s bond; (9) The name and address ofany legal representative, other than the petitioner, including any legal counsel, guardian ad litem, or court visitor appointed by the foreign court for the ward; (I 0) The reason for moving the ward; and (II) The reason the transfer of the conservatorship is in the ward's best interest.

29-5-132. (a) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be served personally on the ward not less than ten days prior to the date set for the hearing. The notice shall state:
(I) The date that the hearing shall be held; and (2) That the ward has the right to independent legal counsel and that the court shall appoint legal counsel for the ward unless the ward has retained counsel or legal counsel has been appointed by the foreign court to represent the ward in the receipt and acceptance of the guardianship. (b) Notice and a copy of the petition to transfer the conservatorship shall be provided to the foreign court to which the conservatorship is to be transferred. (c) Notice and a copy of the petition to transfer a conservatorship to a foreign jurisdiction shall be mailed by first-class mail to all other persons named in the petition. The notice shall inform these persons of the date of the hearing and of their right to file objections to the transfer ofthe conservatorship by this state.

29-5-133. Upon the timely filed motion by the court, the ward, or any interested person, the court. shall hold a hearing to consider the petition to transfer the conservatorship.

29-5-134. (a) The court. may grant a petition to transfer a conservatorship to a foreign court of competent jurisdiction ifthe court finds that:
(1) The conservator is presently in good standing with the court; and (2) The transfer of the conservatorship to tlte foreign jurisdiction is in the best interest ofthe ward. (b) In order to coordinate efforts with the foreign court to facilitate the orderly transfer ofthe conservatorship, the court is authorized to:

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(1) Notify the foreign court of any significant problems that may have occurred, including whether periodic reports and accoootings have been filed in a satisfactory manner and whether all bond or other security requirements imposed ooder the conservatorship have been performed; (2) Forward copies of all documents filed with the court relating to the conservatorship, including but not limited to:
(A) The initial petition for conservatorship and other filings relevant to the appointment ofthe conservator; (B) Reports and recommendations of guardians ad litem, court. visitors, or other individuals appointed by the court to evaluate the appropriateness of the conservatorship; (C) Reports of physical or mental health practitioners describing the capacity of the ward to care for himself or herself or to manage the ward's affairs; and (D) Periodic status reports on the condition of the ward and the ward's assets; and (3) Require the conservator to file an inventory of the ward's property at the time ofthe transfer to the foreign jurisdiction. (c) As necessary to coordinate the transfer of the conservatorship, the court is authorized to: (I) Delay the effective date ofthe transfer for a reasonable period oftime; (2) Make the transfer contingent upon the acceptance of the conservatorship or appointment ofthe conservator in the foreign jurisdiction; (3) Recognize concurrent jurisdiction over the conservatorship for a reasonable period of time to permit the foreign court to accept the conservatorship or appoint the conservator in the foreign jurisdiction; or (4) Make other arrangements that in the soood discretion of the court are necessary to transfer the conservatorship.

Part4

29-5-135. (a) For purposes of this part, a 'foreign conservator' is a conservator or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of the property of an incapacitated adult, referred to as the 'ward' and whose conservatorship has not been transferred to and accepted in this state pursuant to the provisions of Part 2 of this article. (b) Any foreign conservator of a ward who resides in any other state and who is authorized to sell and convey property of the ward may sell property of the ward which is in this state, ooder the rules and regulations prescribed for the sale of real estate by conservators of this state, provided that the foreign conservator must file and have recorded in the court or other proper court, at the time of petitioning for sale, an authenticated copy of the letters of appointment and must also file with the court or other proper authority bond with good and sufficient

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security, in double the value of the property to be sold, for the faithful execution ofthe conservatorship as provided by law.

29-5-136. A foreign conservator may institute an action in any court in this state to enforce any right or to recover any property belonging to the ward or accruing to the foreign conservator in his or her capacity as conservator.

29-5-137. Pending an action brought by a foreign conservator pursuant to Code Section 29-5-136, an authenticated copy of the letters of conservatorship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers, if the action is a summary proceeding.

29-5-138. A foreign conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the conservatorship by:
(1) Receiving payment of money or taking delivery of personal property in this state belonging to the ward; or (2) Doing any act as a conservator in this state that would have given this state jurisdiction over the actor as an individual.

29-5-139. Any resident of this state who is interested as a creditor, heir, or will beneficiary of a ward whom a foreign conservator represents may apply to the proper court to compel the foreign conservator to protect that interest according to equity and good conscience before selling the ward's assets or removing the ward's assets beyond the limits ofthis state.

29-5-140. (a) A person who is indebted to or has possession of tangible or intangible property of a ward may pay the debt or deliver the property to a foreign conservator of the ward. Payment of the debt or delivery of the property may be made upon proof of appointment and proofthat the foreign conservator has been appointed and is entitled to debt payment or to receive delivery of the property. (b) Payment of the debt or delivery of the property in response to the demand discharges the debtor or possessor, unless the debtor or possessor has knowledge ofproceedings for the appointment of a guardian, conservator, or other protective proceeding in this state.

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CHAPTER6

29-6-1. The judges ofthe probate courts are, in their discretion, made the legal custodians and distributors of all moneys up to $2,500.00 due and owing to any minor or incapacitated adult who is in need of a conservator but who has no legal and qualified conservator; and the judges are authorized to receive and collect all such moneys arising from insurance policies, benefit societies, legacies, inheritances, or any other source. Without any appointment or qualifYing order, the judge is authorized to take charge of the moneys or funds of the minor or adult by virtue ofthe judge s office as judge of the probate court in the county of residence of the minor or adult; provided, however, that notice shall be given to the living parents of a minor, if any, or the guardian of an adult, if any. The certificate of the judge that no legally qualified conservator has been appointed shall be conclusive and shall be sufficient authority to justify any debtor in making payment on claims made by the judge.

29-6-2. The judge of the probate court is authorized, in the judge s discretion, to employ counsel to bring an action to recover any amount due to a minor or adult described in Code Section 29-6-1, in the minor s or adult" s name or in the name of the judge as custodian, in any court having jurisdiction thereof The judge of the probate court shall have authority to pay to counsel a reasonable fee out of the funds collected for counsel's services in the proceeding which were necessary to enforce the right ofthe minor or adult.

29-6-3. It shall be the duty of the judge of the probate court to keep a properly indexed complete record of all money received by the judge fur minors or adults by virtue of the judge s services under Code Section 29-6-1. The record shall show from what source the funds were derived and to whom and for what the money was paid. The record shall be open for inspection by the public.

29-6-4. The judge of the probate court who, pursuant to Code Section 29-6-1, receives funds due and owing a minor or adult is authorized and directed to pay from the funds so received whatever amount the judge may think necessary for the support, care, education, health, and welfare of the minor or adult, as well as the funeral and burial expenses of the minor or adult, in case of the individual s death, as in the judge s opinion may be proper and right. The expenditures made by the judge shall be final and no liability shall attach to the judge or the judge s bond by reason ofthe expenditures when made in good faith.

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29-6-5. In appropriate cases, the judge of the probate court who holds property or fi.mds pursuant to this chapter may order that a conservatorship be established in accordance with the provisions of Chapter 3 or 5 of this title and shall distribute any or all of such property or fi.mds to the conservator.

29-6-6. When any fi.mds due and owing a minor or adult come into the hands ofthe judge ofthe probate court and the fi.mds are not needed for the support, care, education, health, and welfare of the minor or adult, it shall be the duty of the judge to place the fi.mds in an account insured by the Federal Deposit Insurance Corporation in the name of the judge as custodian for the minor or adult. There shall be no further liability against the judge or the judge s bond when the deposit is made in good faith.

29-6-7. The judges of the probate courts shall receive as compensation for their services under Code Section 29-6-1 the fee specified in subsection (j) of Code Section 15-9-60.

29-6-8. Judges ofthe probate courts shall be held accountable on their official bonds for the faithful discharge of their duties pursuant to Code Section 29-6-1 as custodians and for the proper distribution of fi.mds coming into their hands as such custodians. It is the judge s responsibility to increase his or her official bond i f necessary.

29-6-9. The judge shall turn over all custodial property held pursuant to this chapter to:
(1) A conservator ifthe custodial fi.mds exceed $2,500.00; (2) A minor upon reaching the age ofmajority; (3) A former incapacitated adult upon restoration to capacity; (4) The personal representative of a deceased minor or incapacitated adult; or (5) The Department of Revenue four years after the death of a minor or incapacitated adult ifno proceedings are commenced on that individual's estate or four years after the date a minor who cannot be located would have reached the age ofmajority.

CHAPTER 7

29-7-1. As used in this chapter, the term:
(1) 'Benefits' means all moneys paid or payable by the United States through the United States Department ofVeterans Affairs.

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(2) 'Department' means the United States Department of Veterans Affairs, its predecessors, or its successors. (3) 'Estate' means income on hand and assets acquired partially or wholly with income. (4) 'Income' means moneys received from the United States Department of Veterans Affairs and revenue or profit from any property wholly or partially acquired therewith. (5) 'Person' means an individual, a partnership, a corporation, or an association. (6) 'Secretary' means the secretary of veterans affairs of the United States Department of Veterans Affairs or the secretary s successor. (7) 'VA guardian' means a person appointed pursuant to the provisions of this chapter. (8) 'Ward' means a beneficiary ofthe United States Department of Veterans Affairs.

29-7-2. (a) The stx;retary shall be a party in interest in any proceedings for the appointment or discharge of a VA guardian and in any proceedings involving the administration of the estate of the ward. Written notice of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to a VA guardianship pursuant to this chapter shall be given by certified mail or statutory overnight delivery to the office of the department having jurisdiction over the area in which the ward resides. The notice shall include a copy ofthe petition or other pleadings and shall be given so as to arrive in due course of mailing not less than 15 days before the date of a hearing or other proceedings, unless otherwise provided in this chapter. (b) In any proceeding involving a guardianship or conservatorship established pursuant to any other chapter of this title, the office of the department having jurisdiction over the area in which the ward resides may, by giving written notice to the court having jurisdiction over such proceedings and to the guardian or conservator or proposed guardian or conservator, become a party in interest as to the guardianship or conservatorship or proposed guardianship or conservatorship and shall thereafter be entitled to notice as if a guardianship or conservatorship was originally established under this chapter. (c) The court shall mail to tl1e department office a copy of each order entered in any VA guardianship or other guardianship or conservatorship proceeding wherein the secretary is an interested party.

29-7-3. Whenever, pursuant to any law of the United States or regulation of the department, the secretary requires, prior to payment of benefits, that a VA guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter.

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29-7-4. Where a petition is filed for the appointment of a VA guardian for a mentally incompetent ward, a certificate of the secretary or the secretary s duly authorized representative stating that such individual has been rated incompetent by the department on examination in accordance with the laws and regulations governing the department and that the appointment of a VA guardian is a condition precedent to the payment of any moneys due such ward by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian. The courts are authorized to appoint a VA guardian for an incompetent ward entitled to any benefits which may be payable to a ward by the department.

29-7-5. Where a petition is filed for the appointment of a VA guardian for a minor, a certificate of the secretary or the secretary's authorized representative setting forth the age of the minor as shown by the records of the department and the fact that the appointment of a VA guardian is a condition precedent to the payment of any moneys due the minor by the department shall be prima-facie evidence of the necessity for the appointment of a VA guardian.

29-7-6. Upon a petition for the appointment of a VA guardian, notice shall be given to the department office having jurisdiction over the area in which the ward resides, to the proposed ward, and to two adult relatives ofthe proposed ward by certified mail or statutory overnight delivery by the court. If two adult relatives of the proposed ward cannot be located, notice to one adult relative shall be sufficient. Ifno adult relative can be located, the court shall give notice ofthe petition in the newspaper in which legal advertisements of the county in which the ward resides are published once a week for two weeks. After notice has been given or published, the letters of guardianship may, in the discretion of the court, be granted to the petitioner or to some other suitable person. If all parties entitled to notice waive further notice and consent to the notice instanter, the court may, in its discretion, grant letters of guardianship instanter to the petitioner.

29-7-7. (a) A petition for the appointment of a VA guardian may be filed in the court having jurisdiction by or on behalf of the department or any person designated by the secretary or the secretary s representative. (b) The petition shall set forth:
(I) The name, age, and place ofresidence ofthe ward; (2) The names and places of residence of the nearest two adult relatives, if known (3) The fact that the ward is entitled to receive moneys payable by or through the department;

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(4) The amollllt of money then due and the amollllt of probable future payments; (5) The name and address of the person or institution, if any, having actual custody ofthe ward; (6) In the case of a mentally incompet.ent ward, that the ward has been rated incompetent on examination by the department in accordance with the laws and regulations governing the department; and (7) The name and address of the person or institution sought to be appointed as VA guardian of the ward and the relationship, if any, of the proposed VA guardian to the ward. (c) Preferences for appointment of a VA guardian shall be as provided in Code Section 29-5-3.

29-7-8. Before making an appointment Wlder this chapter, the court hearing the petition shall be satisfied that the VA guardian whose appointment is sought is a fit and
proper person to be appointed. The nomination of a person by the department
shall be prima-facie evidence of the person s fitness. A qualified individual shall
ordinarily be preferred for appointment as VA guardian, but the court may, in the court's discretion, appoint any qualified person as VA guardian.

29-7-9. (a) The following persons and entities may serve as VA guardians subject to the restrictions listed:
(1) An individual deemed fit and proper by the court may be a VA guardian ofthat individual's children, parents, and grandparents without limitation; (2) A bank or trust company doing business in this state may serve as a VA guardian Wlder this chapter for an unlimited number ofbeneficiaries; (3) A person appointed while serving as collllty guardian in any COWlty in this state may serve as a VA guardian Wlder this chapter for an unlimited number ofbeneficiaries; or (4) Any other person, provided that any person who is currently serving as the VA guardian for ten or more wards must so state in that person's petition to be appointed as the VA guardian for additional wards, and provided, further, the department shall have the right to direct the court in writing to deny the petition. (b) Upon presentation of a petition by the department alleging that the VA guardian is acting in a fiduciary capacity in violation of this Code section and requesting the discharge ofthat VA guardian, the court upon proof substantiating the petition shall: (I) Require a final accollllting immediately from a sufficient number of VA guardianships, in reverse chronological order, to bring the VA guardian within compliance ofthis Code section;

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(2) Require final settlements of accoWlts immediately on the VA guardianships described in paragraph (I) ofthis subsection; and (3) Discharge the VA guardian in cases as the court deems proper.

29-7-10. (a) A bank or trust company doing business in this state shall not be required to file a bond for any VA guardianship unless required by the department. (b) Any other person serving as a VA guardian shall execute and file a bond, to be approved by the court, in an amoWlt not less than the sum of the value of the estate, other than real property, at the time of the last accoWlting and fimds estimated to become payable during the ensuing year, which bond shall be a security bond made by a solvent and acceptable surety company in the fonn required for bonds of guardians or conservators appointed Wlder the general guardianship or conservatorship laws and shall be conditioned as are such bonds. After each annual accoWlting, the court shall review the amoWlt of the bond and shall order such increase or decrease as shall be warranted by the accoWlting. No reduction in the bond amoWlt shall affect the liability of the surety for past waste or misconduct ofthe VA guardian. (c) A surety on a bond posted pursuant to this Code section shall not be relieved from liability merely because of the expiration of the term of the bond but shall be subject to provisions oflaw for discharge of a surety applicable to other bonds.

29-7-11. Every VA guardian shall invest the surplus fimds of the ward s estate in such securities or property as authorized lUlder the laws of this state but only upon prior order ofthe court; except that the fimds may be invested, without prior court authorization, in direct WlCOnditional interest-bearing obligations of this state or of the United States or in obligations the interest and principal of which are Wlconditionally guaranteed by the United States. A signed duplicate or certified copy of the petition for authority to invest surplus fimds shall be furnished the proper area office of the department, and notice of hearing on the petition shall be given said office in the case of a VA guardian s accoWlt.

29-7-12. (a) A VA guardian shall not apply any portion of the estate of the ward for the support, maintenance, or education of any person other than the ward, the ward's spouse, and the children of the ward who are legally dependent on the ward, except upon order of the court after a hearing, notice of which has been given by certified mail or statutory overnight delivery to the department not less than 30 days prior to a hearing on the petition, Wlless the department consents in writing to the petition, in which case no hearing need be had.
(b) No VA guardian shall name himself or herself as beneficiary of any
insurance policy which insures the life of the ward. As to any insurance policy that is purchased after establishment ofthe VA guardianship where premiums are

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or have been paid from benefits, the VA guardian shall ensure that the beneficiary named is the estate ofthe ward. (c) All property of a ward having a VA guardian which is purchased with benefits shall be titled in the name of the current VA guardian or any successor VA guardian for (name of ward), a beneficiary of the department, further indicating the fact of VA guardianship and the name of the beneficiary on any documents of title. Any such assets which should be prudently insured shall be insured with a policy of insurance denominated in the same manner.

29-7-13. Every VA guardian shall file with the court annually, in the same manner as provided under the general law for conservators, a full, true, and accurate accounting, on oath, of all moneys received by the VA guardian and disbursements of all moneys, showing the balance in the VA guardian's hands at the date of the accounting and how it is invested. The VA guardian shall list in each accounting all the investments of the ward's funds, showing the amount of each investment, the date made, the interest rate, the date ofmaturity, the dates and amounts of any liquidations, and the dates and amounts of interest payments. A certified copy of each of accounting filed with the court shall be sent by the court within ten days after the accounting is filed to the office of the department having jurisdiction over the area in which the court is located. Each accounting shall include a computation of commissions allowed and taken during the period covered by the accounting. No accounting shall be allowed or admitted to record for a period of 60 days following the date of filing the accounting.

29-7-14. If any VA guardian fails to file the accounting required by Code Section 29-7-13, the failure shall be grounds for removal. If any VA guardian fails to file any accounting within 30 days after demand is made by the court to do so, the court shall notify the surety for the VA guardian of the failure by certified mail or statutory overnight delivery. Thereafter, on motion of any interested party, including the surety, or on its own motion, the court may enter an order removing the VA guardian without further notice or hearing. Every VA guardian who fails or refuses to file the accounting by the due date shall receive no commission or compensation for any service during that year unless by special order of the court the VA guardian is exonerated from all fault.

29-7-15. (a) As compensation for service, a VA guardian shall earn a commission of 5 percent on all income of the ward coming into the VA guardian's hands during any months while the VA guardian serves. If the ward receives less than $3 50.00 per month, the minimum fee shall be $3 5.00 per month. (b) In the event the ward's monthly service connected disability compensation payment from the department is discontinued or suspended, the VA guardian, subject to court approval which shall be given unless it appears to the court that

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the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by the VA guardian from the time the disability compensation payment is discontinued or suspended until the time the disability compensation payment is resumed. (c) In the event that extraordinary services are rendered by the VA guardian, the court, upon petition and after hearing thereon, may authorize additional compensation payable from the estate of the ward. Notice of the petition and hearing shall be given by certified mail or statutory overnight delivery to the department office having jurisdiction over the area in which the ward resides not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a previous VA guardian. (d) A VA guardian shall be allowed to pay from the ward's estate reasonable premiums for any corporate surety on the VA guardian's bond.

29-7-16. (a) A VA guardian, upon filing a petition and making satisfactory accounting, shall be discharged when the ward dies, reaches the age of majority, or is declared competent by the department or the court. (b) A county guardian who ceases to serve as county guardian continues to serve as a VA guardian at the pleasure ofthe court for which the VA guardian formerly served as county guardian. The court may at any time require the VA guardian's final accounting and discharge as to any or all VA guardianships which the VA guardian accepted as county guardian, whereupon the court shall appoint as successor VA guardian the new county guardian or other person as shall be requested by the department. A former county guardian may file a petition with the court, a copy of which shall be served by certified mail or statutory overnight delivery upon the area office of the department, together with the VA guardian's final accounting, as to any or all VA guardianships; whereupon the court shall appoint as the VA guardian's successor the new county guardian or other person as shall be designated by the department.

29-7-17. Except where inconsistent with this chapter, the general guardianship and conservatorship laws of this state and the laws establishing the practice in such matters, including the rights of appeal, shall be applicable to wards and their estates governed by this chapter.

29-7-18. This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the department who are entitled to benefits from the department.

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CHAPTERS

29-8-1. County administrators as provided for in Article 5 ofChapter 6 ofTitle 53 of the
Revised Probate Code of 1998 are ex officio county guardians and shall serve as guardians or conservators in all cases where appointed by the court.

29-8-2. Jn addition to the bond required in Code Section 53-6-41 of the Revised Probate Code of 1998, county guardians shall give another bond with good security, to be judged by the court, in the smn of$5,000.00. The bond shall be payable to the court for the benefit of all concerned. It shall be attested by the judge or clerk of the court and shall be conditioned upon the faithful discharge of the county guardian" s duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county guardian, as provided by law for actions on the bonds ofother guardians.

29-8-3. The court shall grant to the county guardian separate letters of guardianship or conservatorship upon each appointment. The county guardian shall be subject to all liabilities and entitled to all the rights and emolmnents provided fur other guardians or conservators and shall be governed by the law provided for other guardians or conservators.
29-8-4. (a) If in the opinion of the court it shall become necessary for the good of any conservatorship placed or about to be placed in the hands of the county guardian for the county guardian to give additional security on the bond or to give additional bond with security, the court. shall have the authority to fix the amount of the bond and shall cite the county guardian to appear and show cause, if any, why the additional bond or additional security should not be given. (b) If upon the hearing the cow1ty guardian fails to show good cause why the additional bond or additional security should not be given, the court shall issue an order fixing the amount of the bond and direct the county guardian to give additional security on or before a certain date, which date shall be within 30 days ofthe date ofthe order. (c) Should the county guardian fail, refuse, or neglect to give additional bond or additional security on or before the date fixed in the order of the court and fail to show good cause why further time should be allowed, it shall be the duty of the court to remove the county guardian and to appoint another county guardian for the unexpired term of office. The order of removal shall be recorded as provided fur the order of appointment.

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29-8-5. The court may, for good cause shown, as provided in Code Section 29-5-14, revoke the letters of guardianship or conservatorship of the county guardian, require additional security on the county guardian's bond, or issue any other order as is expedient and necessary for the good ofany particular conservatorship in the hands of the county guardian.

CHAPTER9

29-9-1. Except as otherwise specifically provided by law, the provisions of this chapter shall apply to any proceeding in the court that arises under this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proceedings in the court arising under this title except as otherwise provided in Chapter 11 ofTitle 9 and Chapter 9 ofTitle 15.

29-9-2. (a) The court in its discretion may at any time appoint a guardian ad litem to represent the interests of a minor, a proposed ward, or a ward in proceedings relating to the guardianship or conservatorship of that individual. However, the appointment of a guardian ad litem does not supersede any specific requirement that individual be served by personal service and the guardian ad litem may not waive personal service for that individual. (b) Except as provided in subsection (a) of this Code section, when a person who is entitled to notice under any provision of this title is not sui juris, the interests of that person shall be represented in the proceeding by a guardian ad litem; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted conservator, if any, or the duly constituted guardian, if any, has no conflict of interest and thus may represent for the purpose of the
proceeding a person who is not sui juris. Service upon or notice to a guardian ad
litem shall constitute service upon or notice to that person who is not sui juris and no additional service upon or notice to that person shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by a guardian ad litem shall be binding upon the person represented. The guardian ad litem may represent a single person or more than one person or a class ofpersons with common or nonadverse interests. (c) Whenever a guardian ad litem is appointed, the court may limit the appointment, may remove the guardian ad litem, or may at any time for cause appoint a successor guardian ad litem. (d) In every petition filed in the court, the petitioner shall identifY each person who requires a guardian ad litem and the name and address of any person who is acting as conservator or guardian of the party. A copy of the letters appointing the conservator or guardian shall be attached to the petition or tl1e petition shall allege such facts as shall show the authority of such conservator or guardian to

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act; provided, however, that the court may take judicial notice of the issuance of
the letters or ofthe authority.

29-9-3. A person who is appointed as counsel for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or alleged incapacitated person is not eligible to be appointed as counsel for the same individual.

29-9-4. (a) Except as otherwise provided by law, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions ofthis chapter. (b) Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least ten days before the hearing except that, if waived in writing, the ten-day provision shall not apply. An entry of service shall be made on the original and the copy for the party served. (c) A party who is in the military service may be served by any commissioned officer who shall file with the court a certificate stating that copies of the petition and citation were served in person. (d) Individuals who are not sui juris shall be served as provided in this chapter or as provided in Code Section 15-9-17. (e) When personal service is required by this Code section, unless otherwise directed by the court, service may be made by registered or certified mail or statutory overnight delivery ifthe petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail or statutory overnight delivery with return receipt requested and with delivery restricted to addressee only. Ifthe return receipt is not signed by the addressee, dated at least ten days before the date specified in the citation, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section.

29-9-5. (a) Except as otherwise provided by law or directed by the probate judge pursuant to Code Section 29-9-6, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state or whose current address is unknown. (b) Unless all persons have known current residence addresses, the court shall order service to be perfected by publication of the citation in the newspaper in which the sheriffs advertisements are published in the county in which the petition is filed. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records ofthe court shall show

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the persons notified and the character of the notice given. The published citation shall be directed to the person to be served.
(c) If the current residence address of a person is known, service shall be made
by mailing by first-class mail a copy ofthe petition and the citation. (d) When service by publication is ordered pursuant to this Code section,
compliance with the provisions of this Code section relating to a person to be notified who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact
appears in the records ofthe court showing the persons notified and the charact of the notice given. In the case of a known person whose current residence address is unknown, that person s name shall appear in the records of the comt, and the records shall show service by publication as to that person in compliance with this Code section. In any case in which service by publication is granted,
one order for publication shall be sufficient and the published citation shall be
directed as provided in subsection (b) ofthis Code section.

29-9-6. If one or more unsuccessful attempts at personal service are made by the sheriff or deputy upon a conservator or guardian appointed in this state at the last known address of the conservator or guardian that appears in the court records and it appears to the court that further attempts are likely to be futile, then service shall be sufficient upon the conservator or guardian if the citation is mailed by first-class mail to the last known address ofthe conservator or guardian.

29-9-7. The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this title as the judge may determine to be proper in the interest of due process and reasonable opportunity for any party or interest to be heard.

29-9-8.
(a) Service or notice may be waived or acknowledged before or after the :filing
of the petition. The waiver or acknowledgment of service shall be in writing,
signed by the person to be served or some person competent to do so, shall be
sworn before the court or a notary public, and shall be filed with the court.
(b) The written consent of a party to the granting of any relief or the entry of anY order sought in a proceeding, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of notice and service of the proceedings, waiver of citation, entry of appearance, answer admitting all allegations of facts set forth in the petition as true and correct, and consent to the
granting ofthe relief or the order sought.
(c) A person in military service, regardless of age, shall be permitted to make
any waiver, acknowledgment, or consent described in this Code section.

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29-9-9. An oath or affirmation or affidavit required or allowed to be made before or
.uested by a notary public may be made before any notary public or other officer authorized to administer oaths by the state in which the oath or affirmation or
affidavit is made. The oath or affirmation or affidavit, if made outside this state,
shall have the same force and effect as if it had been made before an officer of
tbis state authorized to administer oaths. The official attestation of the officer
before whom the oath or affirmation or affidavit is made shall be prima-facie
evidoo.ce of the official character ofthe officer and that the officer was authorized
by law to administer oaths.

29-9-10.
,1be director of the county department of family and children services or a duly appointed delegate is authorized to take the oath of conservatorship or guardianship before the judge ofthe Probate Court of Fulton County or before the judge ofthe court making the appointment ofconservatorship or guardianship.
29-9-11.
(a) Every petition and return filed in the court shall be verified by an oath sworn to or affirmed before the court or a notary public. (b) Where appropriate, petitions for separate appointments, such as the appointment of a guardian and a conservator or the appointment of a guardian
and an emergency guardian, may be consolidated into one petition and the filing and giving ofnotice ofthe petitions may occur simultaneously.
(c) If the petition for the appointment of a guardian or a conservator of a minor or a proposed ward is originally filed in the county in which the minor or proposed ward is found, on motion of either party, if appropriate, the case may
be transferred to the county ofthe minor's or proposed ward's domicile.
29-9-12.
(a) For purposes of this Code section, the terms 'citation' and 'notice' shall have
the same meaning unless the context otherwise requires.
(b) Upon the filing of a petition, a citation shall be issued addressed to the ptJ"SOns required to be served or entitled to notice; provided, however, if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the court. The citation shall also state whether the hearing shall take place on a certain date or
be specially scheduled for a later date. With respect to all proceedings under this
1itle, the citation, if any, may state that if no objections are filed, the petition may
be granted without a hearing.
29-9-13.
(a) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required

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to be filed shall be not less than ten days after the date the person is personally served. For persons within the United States who are served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 14 days from the date ofmailing or delivering; provided, however, that if a return receipt from any recipient is received by the court within 14 days from the date of mailing or delivering, the date on or before which any objection is required to be filed by such recipient shall be ten days from the date of receipt as shown on the return receipt. For a person outside the United States who is served by registered or certified mail or statutory overnight delivery, return receipt requested, the date on or before any objection is required to be filed shall not be less than 30 days from the date the citation is mailed or delivered; provided, however, that if the return receipt from any recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than ten days from the date ofreceipt shown on such return receipt. For a person served by publication, the date on or before which any objection is required to be filed shall be no sooner than the first day of the week following publication once each week for four weeks. (b) Except as otherwise provided by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the citation, the court shall send by first-class mail a notice of the
time of the hearing to the petitioner and all parties who have served responses at
the addresses given by each ofthem in their pleadings. (c) Except as otherwise provided by law, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the court may specify. When the matter is set for hearing on a date that was not specified in the petition, the court shall, by first-class mail, send a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by each ofthem in their pleadings. (d) Notwithstanding the other provisions ofthis Code section, the date by which objections must be filed or on which the hearing shall be held shall be no earliff" than ten days after the date of service on any person who is entitled to personal service.

29-9-13. Whenever it is required that a document which is to be filed in the court be
authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-7-24 and such full faith and credit shall be
given to the document as is provided in that Code section.

29-9-14. The court on its own motion may order a hearing on any matter related to a conservatorship or guardianship even if no objection is filed.

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29-9-15. AnY legal counsel or guardian ad litem who is appointed by the court in a guardianship or conservatorship proceeding shall be awarded reasonable fees commensurate with the tasks performed and time devoted to the proceeding,
including any appeals.

29-9-16 . .For the evaluation or examination required by subsection (d) of Code Section 29-4-11 or subsection (d) of Code Section 29-5-11, the evaluating physician, psychologist, or licensed clinical social worker shall receive a reasonable fee commensurate with the task performed, plus actual expenses. For the hearing under subsection (d) of Code Section 29-4-12 or subsection (d) of Code Section 29-5-12, the evaluating physician, psychologist, or licensed clinical social worker shall receive an amount not to exceed $75.00 plus actual expenses.

29-9-17. At the time of appointment and at any time throughout the conservatorship or guardianship, the court may order the conservator or guardian to undergo such instruction as the court deems appropriate.

29-9-18. All ofthe records relating to any guardianship or conservatorship that is granted under this title shall be kept sealed, except for a record of the names and addresses of the ward and guardian or conservator and their legal counsel of record and the date of filing, granting, and terminating the guardianship or conservatorship. The sealed records may be examined by the ward and the ward" s legal counsel and by the guardian or conservator and the guardian or conservator's legal counsel at any time. A request by other interested parties to examine the sealed records shall be by petition to the court and the ward and guardian or conservator shall have at least 30 days" prior written notice of a .hearing on the petition. The matter shall come before the court in chambers. The order allowing access shall be granted upon a finding that the public interest in granting access to the sealed records clearly outweighs the harm otherwise resulting to the privacy ofthe person in interest."
SECTION2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Chapter 9, relating to probate courts, by striking subsection (e) of Code Section 15-9-86.1, relating to statements in lieu of stating time ofhearing in certain types ofproceedings, and inserting in lieu thereof the following:
(e) The proceedings to which this Code section shall apply are: (1) Proceedings for sale, lease, exchange, or encumbrance of a ward" s property, as provided in Code Section 29-3-35 or 29-5-35; (2) Proceedings for citation of a conservator for failure to make returns, as provided in Code Section 29-3-60 or 29-5-60;

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(3) Proceedings involving the revocation or suspension of letters or the imposition of sanctions on a guardian or conservator, as provided in Code Section 29-2-42, 29-3-82, 29-4-52, or 29-5-92; (4) Proceedings for discharge of a surety on a conservator s bond, as provided in Code Section 29-3-49 or 29-5-49; (5) Proceedings for resignation of trust by a guardian or conservator, as provided in Code Section 29-2-40, 29-3-80, 29-4-50, or 29-5-90; (6) Proceedings for settlement of accounts of a conservator, as provided in Code Section 29-3-71 or 29-5-81; (7) Proceedings for appointment of a guardian or conservator of a minor, as provided in Code Sections 29-2-14 through 29-2-18 or Code Sections 29-3-6 through 29-3-1 0; (8) Proceedings for requiring a conservator to give additional bond, as provided in Code Section 29-3-43 or 29-5-42; (9) Proceedings for appointment of a guardian for a beneficiary of the United States Department ofVeterans Affairs, as provided in Code Section 29-7-7 or 29-7-8; ( l 0) Proceedings for determination of heirs at law, as provided in Code Sections 53-4-30, et seq. ofthe 'Pre-1998 Probate Code'; and ( 11) Proceedings for setting aside year s support, as provided in Code Section 53-5-8 ofthe'Pre-1998 Probate Code.'"

SECTION 2.1. Said title is further amended in Chapter 9, relating to probate courts, by striking subsection (a) of Code Section 15-9-121, relating to jury trials in civil cases, and inserting in lieu thereofthe following:
"(a) A party to a civil case in the probate court shall have the right to a jury trial
if such right is asserted by a written demand for jury trial within 30 days after the filing ofthe first pleading ofthe party or within 15 days after the filing of the first pleading of an opposing party, whichever is later, except that with respect to a petition pursuant to Code Sections 29-4-10 and 29-5-10, relating to guardianship of an incapacitated adult, if any interested party desires a trial by jury, such partY must make such request for a jury within ten days after the date of mailing ofthe notice provided for by subsection (c) of Code Section 29-4-12 and subsection (c) of Code Section 29-5-12. If a party fails to assert the right to a jury trial, the right shall be deemed waived and may not thereafter be asserted."

SECTION3. Said title is further amended in said chapter by striking Code Section 15-9-127, relating to additional concurrent jurisdiction with superior courts, and inserting in lieu thereof the following:
"15-9-127.
Probate courts subject to this article shall have concurrent jurisdiction with
superior courts with regard to the proceedings for:

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(1) Declaratory judgments involving fiduciaries pursuant to Code Sections 9-4-4, 9-4-5, and 9-4-6; (2) Tax motivated estate plruming dispositions of wards' property pursum1t to Code Sections 29-3-36 and 29-5-36; (3) Approval of settlement agreements pursuant to Code Section 53-3-22 of the 'Pre-1998 Probate Code,' if applicable, or Code Section 53-5-25 of the 'Revised Probate Code of 1998'; (4) Appointment of new trustee to replace trustee pursuant to Code Section
53-12-170; (5) Acceptance of the resignation of a trustee upon written request of the beneficiaries pursuant to Code Section 53-12-175; (6) Acceptance of resignation of a trustee upon petition ofthe trustee pursuant to Code Section 53-12-175; and (7) Motions seeking an order for disinterment and deoxyribonucleic acid (DNA) testing as provided in Code Section 53-2-27."

SECTION4. Tide 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, iS amended in Code Section 16-14-3, relating to definitions in the "Georgia RICO (Racketeer Influenced and Corrupt Organization) Act," by striking division (12)(B)(i) and inserting in lieu thereofthe following:
'(i) Any person appointed or acting as a guardian or conservator nnder Title 29, relating to guardian and ward, or personal representative nnder Chapter 6 of Title 53 of the 'Pre-1998 Probate Code,' relating to the administration of estates, if applicable, or Chapter 6 of Title 53 of the 'Revised Probate Code of 1998' and other provisions in such revised probate code relating to the administration of estates; or".

SECTION 4.1. Title 22 of the Official Code of Georgia Annotated, relating to enlinent domain, is amended by striking subsections (a) and (b) of Code Section 22-2-21, relating to direction of notice where owner is a minor or nnder disability and the appointment ofa guardian ad litem, and inserting in lieu thereofthe following:
'(a) Ifthe owner ofthe property or of any interest therein is a minor or nnder any disability whatsoever, notice of condenmation shall be served upon his or her guardian. (b) If there is no guardian, notice shall be served personally on the minor and on the judge of the probate court of tlw connty where the property or interest is located. The judge shall thereupon appoint a guardian ad litem to represent the minor in the litigation."

SECTION 4.2.
Said title is further mnended by striking Code Section 22-2-23, relating to direction
ofnotice where owner or personal representative is a nonresident, and inserting in
lieu thereofthe following:

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'22-2-23. If the owner of the property or of any interest therein or the guardian of any owner resides out ofthe state, notice shall be served on the person in possession of the property or interest. Notice shall also be served on the nomesident owner or owners or the nomesident guardian as provided in Code Section 32-3-9. Ifthe address ofthe owner or owners or of the guardian is not known, the judge of the probate court of the county where the property or interest is located shall act for such nomesident owners in the manner provided for unrepresented minors in Code Section 22-2-21:

SECTION 4.3. Said title is further amended by striking subsection (e) of Code Section 22-2-107 relating to service of process, award by special master, and judgment of court conclusive as to right of condemnor to take or damage property or interest, and inserting in lieu thereofthe following:
'(e) If any of the persons entitled to service under this Code section are minors, or insane persons, or persons otherwise laboring under disabilities, the guardian of such persons shall be served. If the guardian resides outside of the county or is a nomesident, he or she shall be served as provided in subsections (c) and (d) ofthis Code section. If such minor or other person laboring under disabilities has no guardian, service shall be perfected by serving the disabled person personally or, in the event the disabled person lives outside ofthe county or is a nomesident, by serving the disabled person by the method provided in subsections (c) and (d) of this Code section for other persons who live outside of the county or are nomesidents, and by serving the judge ofthe probate court of the county wherein such property or interest is located, who shall stand in the place of and protect the rights ofthe disabled person or appoint a guardian ad litem for such person:

SECTIONS. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended in Code Section 24-9-47, relating to the disclosure of AIDS confidential information, by striking division (bb)(3)(C)(i) and inserting in lieu thereof the following:
'(C)(i) If the court determines there is a compelling need for such information in connection with the particular proceeding or procedure, petition a superior court of competent jurisdiction for permission to obtain or disclose that information. If the person identified by the information is not yet represented by an attorney in the proceeding or procedure in
connection with which the information is sought, the petitioning court
shall appoint an attorney for such person. The petitioning court shall have both that person and that person s attorney personally served with notice of the petition and time and place of the superior court hearing thereon.
Such hearing shall not be held sooner than 72 hours after service, unlt'SS
the information is to be used in connection with an emergency'

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guardianship proceeding m1der Code Section 29-4-14, in which event the hearing shall not be held sooner than 48 hours after service."

SECTION 6. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended in Code Section 30-5-5, relating to providing protective SU"Vices and the investigative wports associated with protective services, by striking subsection (e) and inserting in lieu thereofthe following:
(e) Protective services may not be provided ooder this chapter to any person who does not consent to such services or who, having consented, withdraws such consent. Nothing in this chapter shall prohibit the department from petitioning for the appointment of a guardian for a disabled adult or elder person pursuant to Chapters 4 and 5 ofTitle 29."

SECTION7. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended in Code Section 31-39-2, relating to definitions concerning cardiopulmonary resuscitation, by striking subparagraph (C) of paragraph (3) and inserting in lieu thU"eofthe following:
'(C) A guardian over tlle person appointed pursuant to the provisions of Code Section 29-4-1 ;"

SECTION 7.1. Title 32 of the Official Code of Georgia Annotated relating to highways, bridges, and ferries, is amended by striking subsection (b) of Code Section 32-3-8, relating to service of process in condenmation proceedings generally, and inserting in lieu tbel'eofthe following:
'(b) If the owner, or any of the owners, or any person having a clainl against or interest in tlle property is a minor or under any disability whatsoever, such notice shall be served:
(I) Upon his or her guardian; and, if such guardian is a nonresident of this state, upon the judge of the probate court of the county in which the property or interest is located, who shall appoint a guardian ad litem to represent such minors or persons under disability in tlle litigation, provided that, if the nonresident guardian intervenes, he or she shall serve in lieu of the guardian ad litem; or (2) If there is no guardian, personally upon the minor, where such minor is a resident of this state. If such minor is not a resident of tlle county where the property or interest is located, service shall be by second original, as is provided by law in oilier cases, and upon the judge of the probate court of the county where the property or interest is located, who shall appoint a guardian ad litem to represent the minor in tlle litigation."

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SECTIONS. Title 53 ofthe Official Code of Georgia Annotated, relating to wills, is amended by striking subsection (b) of Code Section 53-6-35 of the Revised Probate Code of 1998, relating to appointment of county administrators, and inserting in lieu thereof the following:
"(b) In all counties of this state the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties, and authority and be subject to the same laws, including Chapter 8 of Title 29, relating to county guardians, as county administrators."

SECTION9. Said title is further amended by striking Code Section 53-6-42 of the Revised Probate Code of 1998, relating to the power of the court to revoke letters of administration and require additional security, and inserting in lieu thereof the following:
"53-6-42. The probate court may, for good cause shown, as provided in Code Sections 29-3-82, 29-5-92, and 53-7-14, revoke the letters of administration of the county administrator or letters of guardianship of the county administrator, require additional security on the county administrator's bond, or pass such other ordtr as is expedient and necessary for the good of any particular estate in the hands of any county administrator.n

SECTION 10. Said title is further amended by striking subsection (b) Code Section 53-6-90 ofthe
Pre-1998 Probate Code, relating to the appointment of county administrator and
assistant county administrators, and inserting in lieu thereofthe following: "(b) In all counties of this state the judge of the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or
more assistant county administrators who shall have the same powers, duties, and
authority and be subject to the same laws, including Chapter 8 of Title 29, relating to county guardians, as the county administrators. n

SECTION 10.1. Said title is further amended by striking Code Section 53-6-98 of the Pre-1998 Probate Code, relating to revocations of letters of administration, requirement of additional bond, or other order, and inserting in lieu thereofthe following:
"53-6-98.
The judge of the probate court may, for good cause shown, as provided in code
Sections 29-3-82, 29-5-92, and 53-7-38, revoke the letters of administration of the county administrator or letters of guardianship of the county administrator,
require additional security on his or her bond, or pass such other order as in bis
or her judgment is expedient and necessary for the good of any particular estate in the hands of any county administrator. n

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SECTION H.
Said title is further amended by striking Code Section 53-8-29 of the Pre-1998 Probate Code, relating to the sale of real property which is held pending arrival of beneficiaries at age of majority or su~ject to future contingency for payment of debts, and inserting in lieu thereof the following:
'53-8-29. In all respects other than as provided in Code Sections 53-8-27 and 53-8-28, all sales pursuant to Code Section 53-8-27 shall be made as provided in Code Sections 29-3-35 and 29-5-35, relating to sales for reinvestment by guardians. All such sales shall be approved and confirmed by the judge of the superior court by appropriate order, and the entire proceedings shall be recorded on the minutes of the superior court and properly indexed.

SECTION 12. Said title is further amended by striking subsection (a) of Code Section 53-8-34 of the Pre-1998 Probate Code, relating to the private sale of estate property, and inserting in lieu thereof the following:
'(a) The administrator or executor of an estate may petition the judge of the probate court for leave to sell property of the estate, both real and personal, at private sale, to pay debts as well as for distribution. Except as otherwise provided, the method of private sale shall be in the same manner as that prescribed for the sale ofproperty by guardians under Code Sections 29-3-35 and 29-5-35; provided, however, tl1at the judge shall consider the petition and shall hear evidence thereon and, if the judge shall determine from a consideration of the evidence that the proposed transaction is fair and in the best interests of the estate, the judge shall, by appropriate order, permit the sale and direct the disposition ofthe proceeds ofthe sale."

SECTION 13. Said title is further amended by striking Code Section 53-9-14 of the Revised Probate Code of 1998, relating to the report of a conservator, and inserting in lieu thereofthe following:
'53-9-14. The conservator shall within 60 days after appointment make a written report to the probate court setting forth tlle condition of the estate of the missing individual, together witll a schedule of any debts that may be owed by the missing person, an estinlate of the income from the estate and the expenses necessary to its preservation, a statement showing the names, ages, and condition of any individuals who may have been dependent on the missing person for support, and a recommendation as to how the estate should be distributed. The court, after considering the report and making any further investigation the court may deen1 necessary, shall make such order as will most effectively tend to provide for the support of any individuals who may have been dependent upon the missing individual for support and for the handling of the property, including any business or business interest, owned by the missing person. The order may

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provide for the payment of those debts of the missing person as the court deems just and proper. An order of an appropriate court may allow the conservator to engage in such estate planning dispositions of the missing person s property as are authorized by Code Sections 29-3-36 and 29-5-36. The order may be modified in the discretion of the court at any time upon petition by the conservator, any individual dependent upon the missing individual for support, the guardian of any such individual, or any person having an interest in the property or in any business ofthe missing individual."

SECTION 14. Said title is further amended by striking subsections (b) and (d) of Code Section 53-12-173.1, relating to compensation from a business enterprise, and inserting in their respective places the following:
"(b) Any trustee receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Sections 29-3-52 and 29-5-52; provided, however, that nothing in this Code section shall prohibit the receipt by the trustee of extra compensation for services rendered in respect to other assets or matters involving the trust estate." "(d) The purpose of this Code section is to enable additional compensation to be paid to trustees for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Sections 29-3-52 and 29-5-52."

SECTION 15. Code Section 50-18-7 2 ofthe Official Code of Georgia Annotated, relating to when public disclosure shall not be required under Article 4 of Chapter 18 of Title 50, is
amended by striking the "or" at the end of paragraph (13 .I) of subsection (a) and
inserting a new paragraph to read as follows: "(13 .2) Records tl1at are kept by the probate court pertaining to guardianships and conservatorships except as provided in Code Section 29-9-18; or".

SECTION 16. This Act shall become effective on July I, 2005, and all appointments of guardians of the person or property made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions ofthis Act.

SECTION 17. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 5, 2004.

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STATE GOVERNMENT- OFFICE OF TREASURY AND FISCAL SERVICES; GEORGIA STATE FINANCING AND INVESTMENT COMMISSION; GEORGIA ENVIRONMENTAL
FACILITIES AUTHORITY; INVESTMENTS.

No. 46I (House Bill No. I089).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for additional powers and duties of the Office of Treasury and Fiscal Services; to provide for the lending certain securities by the director of such office; to provide that certain securities lending transactions shall constitute authorized investments by the Georgia State Financing and Investment Commission and the Georgia Environmental Facilities Authority; to provide for the lending of certain securities by the Georgia Environmental Facilities Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (a) of Code Section 50-5A-7, relating to duties of the Office of Treasury and Fiscal Services generally, and inserting in its place a new subsection (a) to read as follows:
'(a) It shall be the power and duty of the Office ofTreasury and Fiscal Services: (I) To receive and keep safely all moneys which shall from time to time be paid to the treasury of this state, and to pay all warrants legally drawn on the treasury by the Governor and countersigned by the Comptroller General or, in the Comptroller General's absence, by the deputy comptroller general, and to pay all drafts of the President of the Senate and the Speaker of the House of Representatives for sums lawfully due the members and officers of their respective bodies; (2) To keep good and sufficient accounting records of every sum of money received into, or disbursed from, the state treasury, utilizing an accounting system in conformity with generally accepted accounting principles and approved by the state auditor; (3) To keep a true and faithful record of all warrants drawn by the Governor on the treasury and all drafts drawn on the treasury by the President of the Senate and the Speaker ofthe House of Representatives; (4) To keep a true and faithful record of the accounts with all designated state depositories in which the state's money is deposited, showing the principal amount and the interest earned in each depository;

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(5) To keep safely certificates of stock, securities, state bonds, and other
evidences of debt and to manage and control the same for the purposes to
which they are pledged; (6) To invest all state and custodial funds, subject to the limitations of subsection (b) ofthis Code section and Chapter 17 ofthis title; (7) To invest all health insurance funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 ofthis title; (8) To invest all self-insurance, liability, indemnification, tort claims, workers compensation, or related funds, subject to the limitations of subsection (b) of this Code section and Chapter 17 of this title; (9) To invest all other funds in its possession, subject to the limitations of subsection (b) ofthis Code section and Chapter 17 ofthis title; and (10) To lend securities in its possession, subject to the limitations of
subsection (b) ofthis Code section and Chapter 17 ofthis title."

SECTION2. Said title is further 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 ofbonds evidencing general obligation debt shall be held in trust by the connnission and disbursed promptly by the commission in accordance with the original purpose set forth in the authorization ofthe General Assembly and in accordance with rules and regulations established by the commission. Bond proceeds and other proceeds held by the commission shall be as fully invested as is practical, consistent with the proper application of such proceeds for the purposes intended. Investments shall be limited to general obligations ofthe United States or of subsidiary corporations ofthe 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
which are exclusively invested in obligations of the type described in this
subsection, or to the shares of any mutual fund the investments of which are limited to securities of the type described in this subsection 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

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commissioner of banking and finance, and no others, or to securities lending transactions involving securities of the type described in this subsection. 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 fimds to the connnission 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.'

SECTION3. Said title is further amended by striking subsection (b) of Code Section 50-17-63, relating to regulation of deposit, withdrawal, investment, and reporting of demand funds by the Office of Treasury and Fiscal Services, and inserting in its place a new subsection (b) to read as follows:
'(b) All departments, boards, bureaus, and other agencies ofthe state shall report to the board, on such forms and at such times as the board may prescribe, such infOrmation as the board may reasonably require concerning deposits and withdrawals pursuant to this Code section and shall enable the board to determine compliance with this Code section. Interest earned on state fimds withdrawn from the state treasury on approved budgets shall be remitted to the Office ofTreasury and Fiscal Services by each department, board, bureau, or agency and placed in the general fimd. The board may permit the director to invest in any one or more of the following: bankers' acceptances; commercial paper; bonds, bills, certificates of indebtedness, notes, or other obligations of the United States and its subsidiary corporations and instrwnentalities or entities sanctioned or authorized by the United States government including, but not limited to, obligations or securities issued or guaranteed by Banks for Cooperatives regulated by the Farm Credit Administration, the Commodity Credit Corporation, Farm Credit Banks regulated by the Farm Credit Administration, Federal Assets Financing Trusts, the Federal Financing Bank, Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Financial Assistance Corporation chartered by the Farm Credit Administration, the Government National Mortgage Association, the Import-Export Bank, Production Credit Associations regulated by the Farm Credit Administration, the Resolution Trust Corporation, and the Tennessee Valley Authority; obligations of corporations organized under the laws of this state or any other state but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that such obligation shall be listed

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as investment grade by a nationally recognized rating agency; bonds, notes, warrants, and other securities not in default which are the direct obligations ofthe government of any foreign cotmtry which the International Monetary Ftmd lists as an industrialized cotmtry and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided that such securities are listed as investment grade by a nationally recognized rating agency; and, provided, further, such securities are fully negotiable and transferable; or obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Financial Corporation, provided that such securities are listed as investment grade by a nationally recognized rating agency and are fully negotiable and transferable; provided, however, that interest earned on the investment of motor fuel tax revenues shall be defined as motor fuel tax revenues and shall be appropriated in conformity with and pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia. The board may also permit the director to lend any of the securities of the type identified in this subsection subject to the limitations of subsection (b) ofCode Section 50-5A-7 and Chapter 17 ofthis title:

SECTION4. Said title is further amended by striking subsection (b) of Code Section 50-23-5, relating to powers of the Georgia Environmental Facilities Authority, and inserting in its place a new subsection (b) to read as follows:
"(b) The authority shall have power: (1) To sue and be sued in all courts of this state, the original jurisdiction and venue of such actions being the Superior Court of Fulton Cotmty; (2) To have a seal and alter the same at its pleasure; (3) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers ofthe authority or to further the public purpose for which the authority is created, such contracts, leases, or instruments to include contracts for construction, operation, management, or maintenance of projects and facilities owned by local government, the authority, or by the state or any state authority; and any and all local governments, departments, institutions, authorities, or agencies of the state are authorized to enter into contracts, leases, agreements, or other instruments with the authority upon such terms and to transfer real and personal property to the authority for such consideration and for such purposes as they deem advisable; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose ofreal or personal property of every kind and character, or any interest therein. in furtherance ofthe public purpose ofthe authority;
(5) To appoint an executive director who shall be executive officer and
administrative head of the authority. The executive director shall be appointed and serve at the pleasure of the authority. The executive director shall hire
officers, agents, and employees, prescribe their duties and qualifications and
fix their compensation, and perform such other duties as may be prescribed by

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the authority. Such officers, agents, and employees shall serve at the pleasure ofthe executive director; (6) To finance projects by loan, loan guarantee, grant, lease, or otherwise, and to pay the cost of any project from the proceeds of bonds, revenue bonds, notes, or other obligations of the authority or any other fi.mds of the authority or from any contributions or loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the authority is authorized to receive, accept, and use; (7) To make loans, through the acquisition of bonds, revenue bonds, notes, or other obligations, and to make grants to local governments to finance projects and to pay the cost of any project by local government and to adopt rules, regulations, and procedures for making such loans and grants; (8) To borrow money to further or carry out its public purpose and to issue revenue bonds, notes, or other obligations to evidence such loans and to execute leases, trust indentures, trust agreements for the sale of its revenue bonds, notes, or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority, and to evidence and to provide security for such loans; (9) To issue revenue bonds, bonds, notes, or other obligations ofthe authority, to receive payments from the Department ofCommunity Affairs, and to use the proceeds thereoffor the purpose of
(A) Paying or loaning the proceeds thereofto pay, all or any part o( the cost of any project or the principal of and premium, if any, and interest on the revenue bonds, bonds, notes, or other obligations of any local government issued for the purpose of paying in whole or in part, the cost of any project and having a final maturity not exceeding three years from the date of original issuance thereof; (B) Paying all costs of the authority incidental to, or necessary and appropriate to, furthering or carrying out the purposes of the authority; and (C) Paying all costs ofthe authority incurred in connection with the issuance of the revenue bonds, bonds, notes, or other obligations; (10) To collect fees and charges in connection with its loans, commitments, management services, and servicing including, but not limited to, reimbursements of costs of financing, as the authority shall determine to be reasonable and as shall be approved by the authority; (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 fi.mds, in obligations which shall be limited to the following: (A) Bonds or other obligations ofthe state or bonds or other obligations, the principal and interest ofwhich 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;

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(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 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 ofstate 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 ofthe following securities in an aggregate principal amount equal at least to the amount ofsuch 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) ofthis paragraph; (iii) Obligations of agencies ofthe United States government included in subparagraph (C) ofthis 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 deale! 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

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or with any corporation which is su~ject 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 ofsuch moneys; (G) Prime bankers acceptances; and (H) State operated investment pools. (12) To acquire or contract to acquire from any person, finn, corporation, local government, federal or state agency, or corporation by grant, purchase, or otherwise, leaseholds, real or personal property, or any interest therein; and to sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber the same; and local government is authorized to grant, sell, or otherwise alienate leaseholds, real and personal property, or any interest therein to the authority; (13) To invest any moneys held in debt service funds or sinking funds not restricted as to investment by the Constitution or laws of this state or the federal government or by contract not required for immediate use or disbursement in obligations of the types specified in paragraph (I I) of this subsection, provided that, for the purposes of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service, which debt service shall be the principal instalhnents and interest payments, schedule for which such moneys are to be applied; (14) To provide advisory, technical, consultative, training, educational, and project assistance services to the state and local government and to enter into contracts with the state and local government to provide such services. The state and local governments are authorized to enter into contracts with the authority for such services and to pay for such services as may be provided them; (15) To make loan commitments and loans to local government and to enter into option arrangements with local government for the purchase ofsaid bonds, revenue bonds, notes, or other obligations; (16) To sell or pledge any bonds, revenue bonds, notes, or other obligations acquired by it whenever it is determined by the authority that the sale thereof is desirable; (17) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (18) To lease to local governments any authority owned facilities or property or any state owned facilities or property which the authority is managing under contract with the state;

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(19) To contract with state agencies or any local govennnent for the use by the authority of any property or facilities or services of the state or any such state agency or local govennnent or for the use by any state agency or local govennnent of any facilities or services ofthe authority and such state agencies and local govennnents are authorized to enter into such contracts; (20) To extend credit or make loans, including the acquisition of bonds, revenue bonds, notes, or other obligations to the state, any local govennnent, or other entity, including the federal govennnent, for the cost or expense of any project or any part of the cost or expense of any project, which credit or loans may be evidenced or secured by trust indentures, loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, or assignments, on such terms and conditions as the authority shall determine to be reasonable in connection with such extension of credit or loans, including provision for the establishment and maintenance of reserve fimds; and, in the exercise of powers granted by this chapter in connection with any project, the authority shall have the right and power to require the inclusion in any such trust indentures, loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project and such other terms and conditions as the authority may deem necessary or desirable; (21) As security for repayment of any bonds, revenue bonds, notes, or other obligations of the authority, to pledge, lease, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the authority including, but not limited to, real property, fixtures, personal property, and revenues or other fimds and to execute any lease, trust indenture, trust agreement, agreement for the sale of the authority's revenue bonds, notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the authority, to secure any such revenue bonds, notes, or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the authority upon default in any obligation of the authority, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument; (22) To receive and use the proceeds of any tax levied by a local government to pay all or any part of the cost of any project or for any other purpose for which the authority may use its own fimds pursuant to this chapter; (23) To use income earned on any investment for such corporate purposes of the authority as the authority in its discretion shall determine, including, but not limited to, the use of repaid principal and earnings on fimds, the ultimate source of which was an appropriation to a budget unit of the state to make loans for solid waste projects; (24) To cooperate and act in conjunction with industrial, commercial, medical, scientific, public interest, or educational organizations; with agencies of the

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federal government and this state and local government; with other states and their political subdivisions; and with joint agencies thereof and such state agencies, local government, and joint agencies are authorized and empowered to cooperate and act in conjunction, and to enter into contracts or agreements with the authority and local government to achieve or further the policies of the state declared in this chapter; (25) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to deal with in its bylaws; (26) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; (27) To do all things necessary or convenient to carry out the powers conferred by this chapter; (28) To designate three or more of its number to constitute an executive committee who, to the extent provided in such resolution or in the bylaws of the authority, shall have and may exercise the powers of the authority in the management of the affairs and property of the authority and the exercise of its powers; (29) To procure insurance against any loss in connection with its property and other assets or obligations or to establish cash reserves to enable it to act as self-insurer against any and all such losses; (30) To administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to Title VI of the Federal Water Pollution Control Act and Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or to any public authority or, if authorized by law, any private agency, commission, or institution for construction of treatment works as that term is defined in Section 212 of the federal Clean Water Act of 1977, P.L. 95-217, which are publicly owned. The authority is further authorized to administer funds granted to the state by the administrator ofthe federal Environmental Protection Agency pursuant to Title XIV of the federal Safe Drinking Water Act, as now or hereafter amended, for the purpose of providing assistance to municipalities or counties or any combination thereof or any public or, if authorized by law, any private authority, agency, commission, or institution for the construction of public drinking water works as such term is defined in Section 1401 of the federal Safe Drinking Water Act Amendments of 1986, P.L. 99-339. The authority is further authorized to administer funds granted to the state by the administrator of the federal Environmental Protection Agency pursuant to 33 U.S.C.A. Section 1381, et seq., for the purpose of providing financial assistance for any eligible water pollution control project. The authority shall deposit any such funds received from the administrator of the federal Environmental Protection Agency into a separate water pollution control revolving fund or a drinking water revolving fund transferred to the authority from the Environmental

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Protection Division of the Department of Natural Resources or hereafter established. The forms and administration of such funds shall be established by the authority in accordance with federal requirements; (31) To contract with the director ofthe Environmental Protection Division of the Department of Natural Resources for the implementation and operation, in whole or in part, of any drought protection program; and (32) To lend any ofthe securities ofthe type described in this subsection:

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

SECTION6. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 6, 2004.

REVENUE - SALES TAX HOLIDAY; EXTENSION.
No. 462 (House Bill No. 1184).
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 of certain school supplies, clothing, footwear, computers, and computer related accessories for a limited period of time; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions :from state sales and use tax, is amended by striking subparagraph (A) of paragraph (75) and inserting in its place a new subparagraph (A), 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 29, 2004, and concluding at 12:00 Midnight on August 1, 2004.'

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SECTION2.
This Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.

SECTION3.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 6, 2004.

CONSERVATION- ENVIRONMENTAL REGULATIONS; PUBUSH RATIONALE.
No. 463 (House Bill No. 242).
AN ACT
To amend Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, so as to require the publication of detailed statements of rationale for certain new or amended environmental regulations or other related actions of state government; to provide for certain emergencies; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 16 of Title 12 of the Official Code of Georgia Annotated, relating to environmental policy, is amended by designating the existing provisions thereof as Article 1 of said chapter.
SECTION2. Said chapter is further amended by striking the word "chapter" and inserting "article" in lieu thereof wherever the former term appears in:
(I) Code Section 12-16-1, relating to a short title; (2) Code Section 12-16-3, relating to definitions; (3) Code Section 12-16-6, relating to required reconciliation of existing authority; (4) Code Section 12-16-7, relating to effect of article on federal environmental policy requirements; and (5) Code Section 12-16-8, relating to director's guidelines to assist government agencies.
SECTION3. Said chapter is further amended by adding a new Article 2 to read as follows:

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'ARTICLE 2

12-16-20. As used in this article, the term:
(1) 'Board' means the Board ofNatural Resources. (2) 'Commissioner' means the commissioner ofnatural resources. (3) 'Covered action' means the issuance by the department or the division of any state-wide or regional permit or any standard or other policy contemplated by any state environmental law or environmental regulation. (4) 'Department' means the Department ofNatural Resources. (5) 'Division' means the Environmental Protection Division of the Department ofNatural Resources. (6) 'Environmental regulation' means a rule or regulation promulgated by the board to enforce or implement a state environmental law. (7) 'State environmental law' means any of the following Acts of the General Assembly, as now or hereafter amended:
(A) Part. 3 of Article 2 of Chapter 4 ofthis title, the 'Georgia Surface Mining Act of1968'; (B) Article 2 of Chapter 5 of this title, the 'Georgia Water Quality Control Act'; (C) Part 2 of Article 3 of Chapter 5 of this title, the 'Ground-water Use Act of 1972'; (D) 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; (E) Part 3 of Article 3 of Chapter 5 of this title, the 'Water Well Standards Act of 1985'; (F) Part 5 of Article 3 of Chapter 5 of this title, the 'Georgia Safe Drinking Water Act of 1977'; (G) Part 3 of Article 5 of Chapter 5 of this title, the 'Georgia Safe Dams Act of1978'; (H) Chapter 7 ofthis title, the 'Erosion and Sedimentation Act of 1975'; (I) Part 1 of Article 2 ofChapter 8 of this title, the 'Georgia Comprehensive Solid Waste Management Act'; (J) Part. 2 of Article 3 of Chapter 8 of this title, the 'Georgia Hazardous Site Response Act'; (K) Article 9 of Chapter 8 of this title, the 'Georgia Hazardous Site Reuse and Redevelopment Act'; (L) Article 1 of Chapter 9 ofthis title, 'The Georgia Air Quality Act'; (M) Article 2 of Chapter 9 ofthis title, the 'Georgia Motor Vehicle Emission Inspection and Maintenance Act'; (N) Chapter 12 ofthis title, the 'Georgia Asbestos Safety Act'; (0) Chapter 13 ofthis title, the 'Georgia Underground Storage Tank Act'; (P) Chapter 14 of this title, relating to oil or hazardous material spills or releases;

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(Q) Chapter 13 of Title 31, the 'Georgia Radiation Control Act'; and (R) Any Act of the General Assembly empowering and directing the board to comply with federal statutes relating to clean water, clean air, or the environment.

12-16-21. (a)( I) Prior to the board's promulgation or amendment of any environmental regulation or the department or division taking any covered action, the board, the department, or the division, as appropriate, shall prepare a detailed statement ofrationale: (A) Whenever the proposed environmental regulation or covered action will exceed or differ from the requirements of any federal regulation, standard, or policy on the same subject; or (B) Whenever an environmental regulation or a covered action will: (i) Result in the removal of any specific requirement, prohibition, or duty imposed by an existing environmental regulation, standard, or policy; (ii) Result in any prohibition, requirement, or duty imposed by an existing environmental regulation, standard, or policy becoming narrower in scope of applicability; (iii) Decrease or render any requirement imposed by an existing environmental regulation, standard, or policy less stringent or restrictive; or (iv) Repeal an existing environmental regulation, standard, or policy. (2) Such statement shall accompany any notice required by Code Section 50-13-4.
(b) The detailed statement of rationale shall state the basis for the regulation or covered action, including the scientific or technical basis, alternative policy considerations, and estimated cost to implement to the department and the regulated community and shall identity any studies, reports, policies, or statements of professional judgment or administrative need relied upon in developing the environmental regulation or covered action. (c) The scope and level of detail of each detailed statement of rationale shall be determined by the director ofthe division or the commissioner.

12-16-22. Any other provision of this article to the contrary notwithstanding, the board may adopt an environmental regulation, and the department or division may take a covered action, without presenting the required statement of rationale if the commissioner or the director of the division determines that an emergency action is necessary to protect the public health and welfare.

12-16-23. The provisions of this article are in addition to, and not in lieu of, any applicable provisions for promulgation of rules in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

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SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 7, 2004.

CRIMES -MINORS; CIGARETTES; TOBACCO RELATED OBJECTS.
No. 464 (House Bill No. 653).
AN ACT
To amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, so as to prohibit possession of cigarettes or tobacco related objects by minors; 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 16-12-171 of the Official Code of Georgia Annotated, relating to prohibited acts related to sale or distribution to or purchase by minors of cigarettes and tobacco related objects, is amended by striking paragraph (1) of subsection (b) and inserting in lieu thereofthe following:
(b)(1) It shall be unlawful for any minor to: (A) Purchase or possess for personal use any cigarettes or tobacco related objects. This subparagraph shall not apply to possession of cigarettes or tobacco related objects by a minor when a parent or guardian of such minor gives the cigarett.es or tobacco related objects to the minor and possession is in the home of the parent or guardian and such parent or guardian is present; or (B) Misrepresent such minor s identity or age or use any false identification for the purpose ofpurchasing or procuring any cigarettes or tobacco related objects:
SECTION2. All laws and parts oflaws in conflict with this Act are repealed.
Approved May 7, 2004.

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SOCIAL SERVICES- REVENUE- CHILD WELFARE AGENCIES; RECALL NOTICES; DAY-CARE CENTERS; RECORDS CHECKS.

No. 465 (House Bill No. 1347).

AN ACT

To amend Article I of Chapter 5 of Title 49 of the Official Code of Georgia AnnOtated, relating to children and youth services, so as to provide for availability of information in child welfare agencies relating to recall notices on unsafe child care products; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to employees records checks for day-care centers, so
as to revise a definition; to change certain provisions relating to fingerprint records
check applications for directors of existing facilities and preliminary records checks i>r employees; to provide for related matters; to repeal conflicting laws; and fur
other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by adding a new Code section to read as follows:
"49-5-23. (a) Any agency, department, or office that regulates child welfare agencies shall make available to such child welfare agencies at the time of application for initial or renewal certification or licensure information concerning contacting the U. S. Consumer Product Safety Commission to obtain recall notices on unsafe child and infant products. (b) Child welfare agencies shall post the phone number and website of the U. S. Consumer Product Safety Commission in a location visible to parents and visitors. The notice shall also advise such parents and visitors on how to obtain recall notices on unsafe child and infant products."

SECTION2. Article 3 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to employees records checks for day-care centers, is amended by striking paragraph (I) of Code Section 49-5-60, relating to definitions, and inserting in its place the following:
"(I) 'Center' means a child-care learning center, child-placing agency, day-care center, group day-care home, family day-care home, or child-caring institution which is required to be licensed or registered under Article I of this chapter."

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SECTION3. Said article is further amended by striking subsection (b) of Code Section 49-5-67, relating to fingerprint records check applications for directors of existillg facilities and preliminary records checks for employees, and illserting in its place the following:
"(b) As an alternative to the requirements set out ill this article pertaining to obtaining prelimillary criminal records check determinations through the department for employees, foster parents, and adults residing in a foster care home, but not illcluding directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee, or foster parent or other adult residing in the foster care home, and make a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained ill the center's file and available for inspection by the department. This satisfactory determination must be made before the employee or foster parent begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a center's facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completillg the affidavit. In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the center's facility ill order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the center's file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the center s file on the employee with all supporting documentation. Centers shall not abuse the right to utilize emergency temporary employees. Foster parents and adults residing in a foster care home utilized by child-placing agencies shall never be utilized as emergency temporary employees of the child-placing agency. Employees, emergency temporary employees, foster parents, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, foster parent, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees."

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SECTION4.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 7, 2004.

STATE GOVERNMENT- INVESTMENTS; STATE DEPOSITORY BOARD.
No. 466 (Senate Bill No. 501).
AN ACT
To amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change certain provisions regarding authorized investments of the State Depository Board; to repeal con1licting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, is amended by striking Code Section 50-17-63, relating to authorized deposit and investment of funds of the State Depository Board which reads as follows:
"50-17-63. (a) All demand funds held by any department, board, bureau, or other agency of the state shall be deposited in state depositories, except the monthly deposits of funds for current operating expenses may be deposited in a foreign bank by any department, board, bureau, or other agency ofthe state which has a foreign office, provided that the department, board, bureau, or other agency of the state limits its operating deposits in foreign banks to conform to guidelines and dollar limitations prescribed by the State Depository Board; and such funds that are in excess ofrequirements for current operating expenses shall be placed under time deposit agreements by the director conforming to interest contracts then having approval of the board made pursuant to Code Section 50-17-52; and any funds not deposited or placed under time deposit agreements shall be subject to immediate withdrawal on order of the director when directed by the board. The board may permit any department, board, bureau, or other agency to invest funds collected directly by that department, board, bureau, or agency in short-term time deposit agreements, provided the interest income ofthose funds is remitted to the director as revenues ofthe state. (b) All departments, boards, bureaus, and other agencies of the state shall report to the board, on such forms and at such times as the board may prescribe, such

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information as the board may reasonably require concerning deposits and withdrawals pursuant to this Code section and shall enable the board to determine compliance with this Code section. Interest earned on state funds withdrawn from the state treasury on approved budgets shall be remitted to the Office of Treasury and Fiscal Services by each department, board, bureau, or agency and placed in the general fund. The board may pennit the director to invest in any one or more of the following: bankers acceptances; commercial paper; bonds, bills, certificates of indebtedness, notes, or other obligations of the United States and its subsidiary corporations and instrumentalities or entities sanctioned or authorized by the United States govennnent including, but not limited to, obligations or securities issued or guaranteed by Banks for Cooperatives regulated by the Farm Credit Administration, the Commodity Credit Corporation, Farm Credit Banks regulated by the Farm Credit Administration, Federal Assets Financing Trusts, the Federal Financing Bank, Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Financial Assistance Corporation chartered by the Farm Credit Administration, the Govennnent National Mortgage Association, the Import-Export Bank, Production Credit Associations regulated by the Farm Credit Administration, the Resolution Trust Corporation, and the Tennessee Valley Authority; obligations of corporations organized under the laws of this state or any other state but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that such obligation shall be listed as investment grade by a nationally recognized rating agency; bonds, notes, warrants, and other securities not in default which are the direct obligations ofthe govennnent of any foreign colllltry which the International Monetary Flllld lists as an industrialized country and for which the full faith and credit of such govennnent has been pledged for the payment of principal and interest, provided that such securities are listed as investment grade by a nationally recognized rating agency; and, provided, further, such securities are fully negotiable and transferable; or obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Financial Corporation, provided that such securities are listed as investment grade by a nationally recognized rating agency and are fully negotiable and transferable; provided, however, that interest earned on the investment of motor fuel taX revenues shall be defined as motor fuel tax revenues and shall be appropriated in conformity with and pursuant to Article III, Section IX, Paragraph VI(b) of the Constitution of Georgia." and inserting in its place a new Code Section 50-17-63 to read as follows: '50-17-63. (a) All demand funds held by any department, board, bureau, or other agency of the state shall be deposited in state depositories, except the monthly deposits of funds for current operating expenses may be deposited in a foreign bank by any department, board, bureau, or other agency ofthe state which has a foreign office, provided that the department, board, bureau, or other agency of the state limits its operating deposits in foreign banks to conform to guidelines and dollar

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JjJJ)itations prescribed by the State Depository Board; and such fimds that are in excess of requirements for current operating expenses shall be placed ooder time deposit agreements by the director conforming to interest contracts then having approval of the board made pursuant to Code Section 50-17-52; and any fimds not deposited or placed ooder time deposit agreements shall be subject to imJilediate withdrawal on order of the director when directed by the board. The board may permit any department, board, bureau, or other agency to invest fimds collected directly by that department, board, bureau, or agency in short-term time deposit agreements, provided the interest income ofthose fimds is remitted to the director as revenues of the state. (b) All departments, boards, bureaus, and other agencies of the state shall report to the board, on such forms and at such times as the board may prescribe, such infOrmation as the board may reasonably require concerning deposits and withdrawals pursuant to this Code section and shall enable the board to determine compliance with this Code section. Interest earned on state fimds withdrawn from the state treasury on approved budgets shall be remitted to the Office of Treasury and Fiscal Services by each department, board, bureau, or agency and placed in the general fimd. The board may permit the director to invest in any one or more of the following: bankers acceptances; commercial paper; bonds, bills, certificates of indebtedness, notes, or other obligations of the United States and its subsidiary corporations and instrumentalities or entities sanctioned or authorized by the United States government including, but not limited to, obligations or securities issued or guaranteed by Banks for Cooperatives regulated by the Farm Credit Administration, the Commodity Credit Corporation, Farm Credit Banks regulated by the Farm Credit Administration, Federal Assets Financing Trusts, the Federal Financing Bank, Federal Home Loan Banks, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Financial Assistance Corporation chartered by the Farm Credit Administration, the Government National Mortgage Association, the hnport-Export Bank, Production Credit Associations regulated by the Farm Credit Administration, the Resolution Trust Corporation, and the Tennessee Valley Authority; obligations of corporations organized ooder the laws of this state or any other state but only if tl1e corporation has a market capitalization equivalent to $100 million; provided, however, that such obligation shall be listed as investment grade by a nationally recognized rating agen<.,-y; bonds, notes, warrants, and other securities not in default which are the direct obligations ofthe government of any foreign coootry which the International Monetary Food lists as an industrialized coootry and for which the full faith and credit of such government has been pledged for the payment of principal and interest, provided that such securities are listed as investment grade by a nationally recognized rating agency; or obligations issued, assumed, or guaranteed by the International Bank for Reconstruction and Development or the International Financial Corporation, provided that such securities are listed as investment grade by a nationally recognized rating agency; provided, however, that interest earned on the investment of motor fuel tax revenues shall be defined as motor fuel tax

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revenues and shall be appropriated in conformity with and pursuant to Article III, Section IX, Paragraph VI(b) ofthe Constitution of Georgia."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 7, 2004.

GAME AND FISHLIFETIME SPORTSMAN'S
LICENSES.
No. 467 (House Bill No. 1362).
AN ACT
To amend Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman s licenses, license card carrier requirements, and lifetime sportsman s licenses, so as to change certain provisions relating to lifetime sportsman s licenses; to provide for lifetime sportsman s licenses for certain nonresidents; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-2-3.1 of the Official Code of Georgia Annotated, relating to archery and primitive weapons hunting licenses, all weapons hunting licenses, sportsman s licenses, license card carrier requirements, and lifetime sportsman s licenses, is amended by striking subsections (e), (f), (g), and (h) and inserting in lieu thereofthe following:
'(e) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident or nonresident who procures a lifetime sportsman s license. An applicant for such license who is a resident shall, prior to the issuance of the license, provide satisfactory evidence of residency. An applicant for such license who is a nonresident shall not be eligible for issuance of such license unless he or she is under 16 years of age and is the grandchild of a resident who holds a valid paid lifetime sportsman s license. The resident grandparent who holds such a lifetime sportsman s license and who is the sponsor of a nonresident applicant for a lifetime sportsman s license must certifY the nonresident applicant's relationship to him or her in writing to the department. For purposes of procuring a lifetime sportsman s license, the term 'residency' means a domicile within Georgia for a

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DJinimwn of 12 consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia driver s license or official Georgia identification card issued by the Department of Motor
vchicle Safety and at least one ofthe following:
(1) A voter registration card; (2) A copy ofthe prior year s Georgia income tax return; (3) A current Georgia automobile registration; or (4) A warranty deed to property at the same address as is displayed on the Georgia driver s license. Minors under 18 years of age shall be preswned to be residents upon proof of parent's residency as provided for in this Code section. For purposes ofprocuring the Type I (Infant) lifetime license, a certified copy of the birth certificate of the licensee shall be required. (f)(l) lifetime sportsman's licenses and fees for residents shall be as follows:
(A) Type I (Infant), available only to those individuals under two years of age: $200.00; (B) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00; (C) Type A (Adult), available to those individuals 16 years of age or older: $500.00; (D) Type SD (Senior Discount), available to those individuals 60 years of age or older: $95.00; and (E) Type S (Senior), available to those individuals 65 years of age or older: no charge. (2) The fee for any lifetime sportsman s license for a nonresident, Type NR, shall be twice the amount of the fee for a Type A (Adult) lifetime sportsman s license for a resident. (g) lifetime sportsman s licenses shall be valid for the lifetime of the purchaser, whether resident or nonresident. Change of residency to another state shall not affect the validity ofthe lifetime license when hunting or fishing in Georgia. (h) The commissioner shall revoke the lifetime sportsman s license of any person who knowingly attempts to or does purchase, obtain, or assist another person to obtain a lifetime sportsman s license by fraudulent means, without refund of any fees paid."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 7, 2004.

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COMMERCE- ESCROW FUNDS; NONPARTICIPATING MANUFACTURERS;
MASTER SETTLEMENT AGREEMENT.

No. 469 (Senate Bill No. 395).

AN ACT

To amend Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, so as to change a provision relating to release of funds from escrow for tobacco product manufacturers who are not participating manufacturers under the Master Settlement Agreement; to provide for severability; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 10-13-3 of the Official Code of Georgia Annotated, relating to deposits into escrow accounts under the Master Settlement Agreement with tobacco product manufacturers, is amended by striking subparagraph (B) of paragraph (2) and inserting in lieu thereofthe following:
'(B) A tobacco product manufacturer that places funds into escrow pursuant to subparagraph (A) of this paragraph shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:
(i) To pay a judgment or settlement on any released claim brought against such tobacco product manufacturer by the state or any releasing party located or residing in the state. Funds shall be released from escrow under this division: {I) in the order in which they were placed into escrow; and (II) only to the extent and at the time necessary to make payments required under such judgment or settlement; (ii) To the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow on account ofunits sold in the state in a particular year was greater than the Master Settlement Agreement payments, as determined pursuant to section IX{i) of that Agreement including after final determination of all adjustments, that such
manufacturer would have been required to make on account of such units
sold had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or (iii) To the extent not released from escrow under division (i) or (ii) of this subparagraph, funds shall be released from escrow and revert back to such tobacco product manufacturer 25 years after the date on which they were placed into escrow.'

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SECTION2.
Ifthis Act, or any portion of the amendment to division (ii) of subparagraph (B) of paragraph (2) of Code Section IO-I3-3 made by this Act, is held by a court of
competent jurisdiction to be ooconstitutional, then such division (ii) shall be det'flled to be repealed in its entirety. If subparagraph (B) of paragraph (2) of Code section IO-I3-3 shall thereafter be held by a court of competent jurisdiction to be unconstitutional, then this Act shall be deemed repealed, and division (ii) of subparagraph (B) of paragraph (2) of Code Section I0-13-3 shall be restored as if no such amendments had been made. Neither any holding of ooconstitutionality nor the repeal of division (ii) of subparagraph (B) of paragraph (2) ofCode Section t0-13-3 shall affect, impair, or invalidate any other portion of Code Section 10-13-3, or the application of such Code section to any other person or circumStance, and such remaining portions of Code Section I0-13-3 shall at all times continue in force and effect.

SECTION3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall govern all requests for the release of escrow moneys made on or after such date.

SECTION4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 7, 2004.

AGRICULTURE- STATE GOVERNMENTFARM WATER CONSERVATION; FARM WATER USE RECORDS.
No. 470 (Senate Bill No. 436).
AN ACT
To provide for farm water conservation and records of measures of farm water use; to amend Article 2 of Chapter 6 of Title 2 of the Official Code of Georgia Annotated, relating to soil and water conservation districts, so as to create the Agricultural Water Conservation Incentive Program; to provide fur a purpose and participation; to provide for priorities; to provide a noninclusive list of projects acceptable for assistance; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions relating to when public disclosure of records is not required and disclosure of exempting authority; to provide 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. Article 2 of Chapter 6 of Title 2 of the Official Code ofGeorgia Annotated, relating to soil and water conservation districts, is amended by adding a new Code section at the end thereof: to be designated Code Section 2-6-52, to read as follows:
'2-6-52. (a) There is created the Agricultural Water Conservation Incentive Program. The program shall be developed, implemented, and supervised by the State Soil and Water Conservation Conunission. (b) The purpose of the program shall be to provide incentives to agricultural producers to foster water conservation and enhance water quality. (c) Participation in the program shall be voluntary. (d) The program shall include all 15 9 counties and 40 soil and water conservation districts. (e) Priority designations for inclusion in the program shall be under the authority ofthe State Soil and Water Conservation Conunission. (f) Areas shall be included in the program as the funds are appropriated and the technical assistance becomes available from the local soil and water conservation district or the State Soil and Water Conservation Conunission. (g) Funding may be provided to assist practices including but not limited to diversions, filter strips, fencing along streams, field borders, alternative watering systems, critical area plantings, grassed waterways, terraces, surface-water retention structures, heavy-use areas, closures of farm animal manure lagoons, riparian buffers or equivalent controls, animal manure waste systems and application, manure stack houses and other manure-holding structures, irrigation system enhancements, and other projects that foster water conservation and enhance water quality. (h) Priority designation for inclusion in this program for state funding shall be given to projects that foster water conservation and enhance water quality. To be eligible for cost share funds under this Code section, a project shall be evaluated before funding is awarded and after the project is completed to determine the impact on water quality.

SECTIONlA. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in subsection (a) of Code Section 50-18-72, relating to when public disclosure of records is not required and disclosure of exempting authority, by inserting a new paragraph to read as follows:
"(10.1) Records of farm water use by individual farms as determined by water-measuring devices installed pursuant to Code Section 12-5-31 or 12-5-1 05; provided, however, that compilations ofsuch records for the 52 large watershed basins as identified by the eight-digit United States Geologic Survey' hydrologic code or an aquifer that do not reveal farm water use by individual farms shall be subject to disclosure under this article;'

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SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 7, 2004.

CONSERVATION -COURTSGREENHOUSE GASES;
CARBON SEQUESTRATION.
No. 471 (Slmate Bill No. 356).
AN ACT
To provide for a registry of offiletting reductions in greenhouse gases obtained by carbon sequestration; to amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to enact the "Georgia Carbon Sequestration Registry Act"; to provide a short title; to define certain terms; to establish the Georgia Carbon Sequestration Registry; to provide fur purposes of the registry; to provide for functions; to provide for procedures and protocols; to provide for construction; to provide for voluntary participation; to provide for reporting procedures; to provide for standardized forms and software; to provide for third-party verification of accuracy of results; to provide for reports to the General Assembly and Governor; to amend Article 2 of Chapter 6 ofTitle 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to change certain provisions relating to duties of clerks generally, use of a computerized record-keeping system, and printed copies of grantee and grantor indices; to change certain provisions relating to the Georgia Superior Court Clerks Cooperative Authority; to provide tor an information system for purposes of the carbon sequestration registry; to provide for related matters; to provide contingent 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 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by inserting a new article to read as follows:

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"ARTICLE 5

12-6-220. This article shall be known and may be cited as the 'Georgia Carbon Sequestration Registry Act.'

12-6-221. As used in this article, the term:
(1) 'Carbon sequestration results' means the participant's applicable data on the removal ofcarbon dioxide from the atmosphere by sinks resulting from:
(A) Direct human-induced land use change or forestry activities in this state; (B) Additional human-induced activities in this state related to removal by sinks in land use change and forestry categories; (C) Additional human-induced activities in this state related to removal by sinks in agricultural soils; (D) Additional human-induced activities in this state related to removals by sinks in products in use from harvested timber or agricultural crops; and (E) Other human-induced activities in this state related to removals by sinks. (2) 'Certification' means the determination of whether a given participant's carbon sequestration result has met a minimum quality standard and complied with an appropriate set of approved procedures and protocols for submitting carbon sequestration information. (3) 'Commission' means the State Forestry Commission. (4) 'Director' means the director ofthe State Forestry Commission. (5) 'Forest' means lands that support, or can support, at least 10 percent tree canopy cover and that allow for management of one or more forest resources including but not limited to timber, fish and wildlife, biodiversity, water quality, air quality, soil conservation, recreation, aesthetics, or other benefits. (6) 'Greenhouse gases' means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (7) 'Native forest' means a forest type, natural or artificially regenerated, composed of any one or more tree species identified as native to this state in G. Norman Bishop, Native Trees of Georgia (Georgia Forestry Commission 2000 revised edition), including without limitation improved stock of such tree species developed through breeding programs. (8) 'Participant' or 'registry participant' means a registrant of carbon sequestration results with the registry. (9) 'Registry' means the Georgia Carbon Sequestration Registry provided for by this article. (10) 'Sink' means an ecosystem or crop or product thereof that absorbs or has absorbed carbon, thereby removing it from the atmosphere and ofJSetting emissions of carbon dioxide.

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12-6-222. (a)( I) The conumss1on shall establish a Georgia Carbon Sequestration Registry, which shall be in operation not later than one year after the effective date of this article. (2) The commission may contract with the Georgia Superior Court Clerks' Cooperative Authority to develop and implement a state-wide uniform automated electronic information system for purposes of the registry.
{b) After its establishment, the state-wide uniform automated electronic information system for purposes of the registry shall be maintained by the Georgia Superior Court Clerks' Cooperative Authority or its designated agent in accordance with Code Section 15-6-97.2.

I2-6-223. 1be purpose of the Georgia Carbon Sequestration Registry shall be to do all of
the following: (I) Encourage voluntary actions to reduce greenhouse gas emissions; (2) Enable participants to voluntarily record carbon sequestrations made after January I, I990, or such other beginning date as may be established by rule or regulation ofthe commission, in a consistent format that is certified; (3) Ensure that sources in the state receive appropriate consideration for certified carbon sequestration results under any future federal or international regulatory regime relating to greenhouse gas emissions; (4) Recognize, publicize, and promote participants in the registry; and (5) Recruit broad participation in the process from all economic sectors and regions ofthe state.

'12-6-224. For purposes of the registry, the commission shall:
(I)(A) Adopt rules or regulations specifYing acceptable types of carbon sequestration results consistent with paragraph (I) ofCode Section I2-6-22I and this paragraph and providing procedures and protocols for the monitoring, estimating, calculating, reporting, and certification of carbon sequestration results for purposes ofparticipation in the registry. (B) Procedures and protocols relative to forestry activities that are reported as a participant's carbon sequestration results under subparagraph (A) of paragraph (1) of Code Section 12-6-221 shall require, at a minimum, that those forestry activities meet the following criteria in order to be reported as any part of a participant's carbon sequestration results:
(i) Forestry activities shall be based on forest management practices within a defined project area that meet or exceed Georgia's Best Management Practices for Forestry as published by the commission and that are not the subject of any ongoing remediation or penalty pursuant to judicial or administrative judgment or order for violation of any applicable requirements of federal, state, or local land use laws, regulations, or ordinances. Best management practices and federal, state, or local land use

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laws, regulations, or ordinances shall be those in effect each time a participant registers a defined project area in the registry; (ii) Forestry activities reported as carbon sequestration results shall reflect the amount oftime that net carbon gains are stored; and (iii) Forestry activities shall maintain and promote native forests. (C) Procedures and protocols relative to sinks in agricultural soils that are reported as a participant" s carbon sequestration results under subparagraph (C) of paragraph (1) of Code Section 12-6-221 shall be adopted by the commission in accordance with the recommendation of the Commissioner of Agriculture. (D) The commission shall consider the availability and suitability of simplified techniques and tools when adopting procedures and protocols for the certification of carbon sequestration results. (E) The procedures and protocols adopted by the commission shall include a uniform format for reporting carbon sequestration results to facilitate their recognition in any future regulatory regime; (2) Qualify third-party organizations that have the capability to certify reported baseline carbon sequestration results and that are capable of certifying the participant-reported results as provided in this article; and (3) Encourage organizations and individuals from various sectors ofthe state's economy, and those from various geographic regions of the state, to report carbon sequestration results.

12-6-225. The procedures and protocols for monitoring, estimating, calculating, reporting, and certifying carbon sequestration results established by, or approved pursuant to, this article shall be the only procedures and protocols recognized by the state for the purposes ofthe registry as described in Code Section 12-6-223.

12-6-226. Procedures and protocols adopted pursuant to subparagraph (B) of paragraph (1) of Code Section 12-6-224 shall not be interpreted or construed as a condition for any lease, permit, license, certificate, or other entitlement for an ongoing use of forest land.

12-6-227.
Participation in the registry shall be voluntary, and participants may withdraw at
anytime.

12-6-228. (a) Participants shall initially report their certified carbon sequestration results
for the most recent year for which they have complete data as specified in thiS
article. Participants that have complete data for earlier years that can be certified may establish their baseline as any year beginning on or after January 1, 1990, or such other beginning date as may be established by rule or regulation of the

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commission. After establishing baseline results, participants shall report their certified carbon sequestration results in each subsequent year in order to show changes with respect to their baseline year. Participants may report carbon sequestration results without establishing a baseline for such results or for emissions. Certified carbon sequestration results reported to the registry by a participant shall be credited in carbon mass units to an account established for the participant in the registry.
(b)(l) Registry credits for certified carbon sequestration results may be sold, purchased, or otherwise transferred in whole or in part without any regard to or effect on or being affected by ownership of other personal property or any real property, and such credits may be retained in whole or in part without any regard to or effect on or being affected by any sale, purchase, or other transfer of other personal property or any real property. (2) In addition to annual reports submitted pursuant to subsection (a) of this Code section, participants shall report to the registry any sales, purchases, or other transfers of registry credits for certified carbon sequestration results, in whole or in part, within ten days after the completion of such transaction, and participants registry accounts shall be updated to reflect such transfers. (c) The basic unit of participation in the registry shall be a natural person or a legal entity in its entirety such as a corporation or other legally constituted body, a city or county, or a state government agency. (d) Reports to the registry by participants may be filed in the office of the clerk ofthe superior court in any county ofthis state.

12-6-229. To support the estimation, calculation, reporting, and certification of carbon sequestration results in a consistent format, the commission, in consultation with the Georgia Superior Court. Clerks Cooperative Authority, shall adopt standardized forms that all participants shall use to calculate, report, and certify emissions results.

12-6-230. (a) Participants registering baseline carbon sequestration results in the registry shall provide certification of their methodologies and results. The commission may, upon recommendation of the director, following a public process, adopt simplified procedures to certify carbon sequestration results as appropriate. Participants shall follow commission-approved procedures and protocols in determining carbon sequestration results and supply the quantity and quality of information necessary to allow an independent ex post certification of the baseline results reported under this program. (b) The commission shall provide a list of approved third-party organizations recognized as competent to certify carbon sequestration results as provided in this article. TI1e commission shall reopen the qualification process periodically in order for new organizations to be added to the approved list.

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(c) Where required for certification, organizations approved pursuant to subsection (b) ofthis Code section shall do all ofthe following:
(1) Evaluate whether the participant has a program, consistent with conunission-approved procedures and protocols, in place for preparation and submittal ofthe information reported under this article; (2) Check, during certification, the reasonableness ofthe carbon sequestration information being reported for a random sample of estimates or calculations; and (3) Summarize its review in a report to the board of directors, or equivalent governing body, of the participating legal entity or to the participating natural person, attesting to the existence of a program that is consistent with conunission-approved procedures and protocols and the reasonableness ofthe reported carbon sequestration results and noting any exceptions, omissions, limitations, or other qualifications to their representations. (d) In conducting certification for a participant under this program, the approved organization shall schedule any meeting or meetings with the participant with a minimum of one weeks notice at one or more representative locations and allow the participant to control property access. The meetings shall be conducted in accordance with a protocol that is agreed upon in advance by the participant and the approved organization. The approved organization shall not perform property inspection, direct measurement, monitoring, or testing unless authorized by the participant. (e) To ensure the integrity and constant improvement ofthe registry program, the conunission shall perform on a random basis an occasional review and evaluation of participants' carbon sequestration reporting, certifications, and the reasonableness of the information being reported for analysis of estimates or calculations. The director shall report any findings in writing. The director shall include a summary of these findings in the biennial report to the Governor and the General Assembly required by Code Section 12-6-231.

12-6-231. Not later than two years after the effective date of this article and biennially thereafter, the director shall report to the Governor and the General Assembly on the number of participants in the registry, the amounts of carbon sequestered by those participants, and ways to make the registry more workable for participants that are consistent with the goals and intent of this article.

12-6-232. The commission shall do all of the following:
(I) Develop a process for qualicying third-party organizations recognized by the state as competent to certifY the carbon sequestration results of the types
of natural persons or legal entities that may choose to participate in thiS
registry, by doing all ofthe following: (A) Developing a list of the minimum technical and organizational capabilities and other qualification standards that approved third-partY

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organizations shall meet. Those qualifications shall include the ability to sign an opinion letter, for which they may be held financially at risk, and certifYing the participant-reported carbon sequestration results as provided in this article. Such capabilities and standards for third-party organizations related to certification of carbon sequestration results achieved by sinks in agricultural soils under subparagraph (C) of paragraph (1) of Code Section 12-6-221 shall be adopted by the commission in accordance with the recommendation ofthe Commissioner of Agriculture; (B) Publicizing an applications process or otherwise encouraging interested organizations to submit their qualifications for review; (C) Evaluating applicant organizations according to the list of qualifications described in subparagraph (A) ofthis paragraph; (D) Determining specific third-party organizations as qualified to certify participants' actual carbon sequestration results in accordance with this article; and (E) Periodically updating the list of approved third-party organizations by doing any ofthe following:
(i) Reviewing the capabilities of approved organizations; (ii) Reviewing applications of organizations seeking to become approved; and (iii) Determining specific organizations to be added to the approved list and specific organizations no longer qualified to perform the duties ofthis article; (2) Occasionally, and on a random basis, provide for commission employees to accompany third-party organizations on scheduled visits to observe and evaluate, during any certification visit, both the following: (A) Whether the participant has a program, consistent with commission-approved procedures and protocols, in place for the preparation and submittal ofthe information required under this article; and (B) The reasonableness of the carbon sequestration information being reported for a sample of estimates or calculations; and (3) Review future international or federal programs related to greenhouse gas emissions and make reasonable efforts to promote consistency between the state program and these programs and to reduce the reporting burden on participants:

SECTION2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended in subsection (a) ofCode Section 15-6-61, relating to duties of clerks generally, used of a computerized record-keeping system, and printed copies of grantee and grantor indices, by inserting a new paragraph to read as follows:
"(15.1) To participate in any network established by the Georgia Superior Court Clerks Cooperative Authority relating to the transmission and retrieval of electronic information concerning carbon sequestration results and related

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transactions for any such information systems established by such authority for purposes of the carbon sequestration registry established pursuant to Article 5 of Chapter 6 of Title 12, so as to provide for public access to carbon sequestration registry information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such information evidencing carbon sequestration results and related transactions and access to such information which is of record in the office of clerk of the superior court and which is necessary for purposes of the carbon sequestration registry. Each clerk of the superior court shall provide and transmit carbon sequestration results and related transaction information filed in the office of the clerk of superior court to the authority for testing and operation of the electronic information system for the carbon sequestration registry at such times and in such form as prescribed by the authority. Each clerk shall charge and collect such fees as may be established by the Georgia Superior Courts Clerks' Cooperative Authority, which shall be paid into the county treasury less and except any sums as are otherwise directed to be paid to the authority, all in accordance with rules and regulations adopted by the authority pursuant to Code Section 15-6-97 .2;"

SECTION3. Said article is further amended by striking paragraph (3) of subsection (a) of Code Section 15-6-94, relating to the Georgia Superior Court Clerks Cooperative Authority, and inserting in lieu thereof the following:
'(3) The purpose of the authority shall be to provide a cooperative for the development, acquisition, and distribution of record management systems, information, services, supplies, and materials for superior court clerks of the state, on such terms and conditions as may be determined to be in the best interest of the operation of the office of the clerk of superior court, local government, and the state, in light ofthe following factors:
(A) The public interest in providing cost-efficient access to record management systems, infonnation, services, supplies, and materials, and a pool which will provide related resources and unifonnity; (B) Cost savings to local government and the state, through efficiency in the provision of record management systems, information, services, supplies, and materials; (C) Fair and adequate compensation to local governments for costs incurred in the operation of the offices ofclerks ofsuperior court; and (D) Such other factors as are in the public interest and welfare. The authority shall be the sole owner of its compiled and developed information developed through any fi.mction performed or any program or
system administered on behalf of the authority. For the purposes of this
subsection the authority shall not be considered the sole owner of information developed pursuant to Code Section 15-6-97.1 or Code Section 15-6-97.2 and Article 5 of Chapter 6 ofTitle 12."

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SECTION4. Said article is further amended by inserting a new Code section to read as follows:
J5-6-97.2. (a) The Georgia Superior Court Clerks Cooperative Authority or its designated agent shall maintain a state-wide uniform automated electronic information system for purposes ofthe carbon sequestration registry established under Article
5 ofChapter 6 of Title 12. In furtherance of such purpose, the authority shall have
the ability to contract with the clerks of superior courts and any other parties that the authority deems necessary. Standardized forms used for registry reporting purposes shall be established by the State Forestry Commission in accordance with Code Section 12-6-229. (b) For purposes of this Code section, the Georgia Superior Court Clerks Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law:
(I) To establish such registration and transaction fees to be charged and collected by the clerks of superior courts and the portion thereof that shall be remitted to the authority, in such amounts as are reasonable and necessary to offset the costs of administering and maintaining the electronic information system for the registry, and to provide for the collection ofmoneys; (2) To manage, control, and direct such funds as are remitted to the authority and the expenditures made therefrom; (3) To distribute the moneys at the discretion of the authority in such manner and subject to such terms and limitations as the Georgia Superior Court Clerks" Cooperative Authority in its discretion shall determine will best further the public purpose ofthe registry; (4) To adopt rules and regulations; and (5) To exercise all other powers necessary for maintenance of the electronic information system for the registry."

SECTIONS. This Act shall become effective only upon the effective date of a specific appropriation of funds for purposes of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly.

SECTION6. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 11,2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CONSERVATION- SOIL EROSION AND
SEDIMENTATION; BUFFERS.

No. 472 (Senate Bill No. 460).

AN ACT

To amend Code Section 12-7-6 ofthe Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimwn requirements for rules, regulations, ordinances, or resolutions, so as to change certain provisions relating to 25 foot buffers along state waters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-7-6 of the Official Code of Georgia Annotated, relating to best management practices for control of soil erosion and sedimentation and minimum requirements for rules, regulations, ordinances, or resolutions, is amended by striking paragraph (15) of subsection (b) and inserting in lieu thereofthe following:
"(15)(A) 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:
(i) As provided by paragraph (16) of this subsection; (ii) Where the director determines to allow a variance that is at least as protective ofnatural resources and the environment; (iii) Where otherwise allowed by the director pursuant to Code Section 12-2-8; or (iv) 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. (B) No land-disturbing activities shall be conducted within any such buffer; and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed, except as otherwise provided by this paragraph. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed ofvegetation 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

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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. (C) On or before December 31, 2004, the board shall adopt rules which contain specific criteria for the grant or denial by the director ofrequests for variances. After such date, no variance shall be granted by the director which is not consistent with the criteria contained in such rules. Such rules shall provide, at a minimum, that the director shall consider granting a variance in the following circumstances:
(i) Where a proposed land disturbing activity within the buffer would require the landowner to acquire a pennit from the United States Army Corps of Engineers under Section 404 of the federal Water Pollution Control Act Amendment of 1972, 33 U.S.C. Section 1344, and the Corps of Engineers has approved a mitigation plan to be implemented as a condition ofsuch a pennit; (ii) Where the landowner provides a plan satisfactory to the director that shows that, even with the proposed land disturbing activity within the buffer, the completed project will result in maintained or improved water quality downstream ofthe project; or (iii) Where a project with a proposed land disturbing activity within the buffer is located in or upstream and within ten linear miles of a stream segment listed as impaired w1der Section 303(d) of the federal Water PollutionControlActAmendmentof1972, 33 U.S.C. Section 1313(d) and the landowner provides a plan satisfactory to the director that shows that the completed project will result in maintained or improved water quality in such listed stream segment and that the project has no adverse impact relative to the pollutants of concern in such stream segment; and All projects covered under divisions (i), (ii), and (iii) of this subparagraph shall meet all criteria set forth in rules for specific variance criteria adopted by the board by December 31, 2004. (D) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point ofcrossing, 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"

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 11,2004.

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CONSERVATION -FOREST HERITAGE PRESERVES.

No. 473 (Senate Bill No. 480).

AN ACT

To amend Chapter 6 of Title 12, relating to forest resources and other plant life, so as to enact the "Forest Heritage Trust Act of 2004"; to provide a short title; to provide a statement oflegislative purpose; to define certain terms; to provide for an advisory role for the State Forestry Commission; to provide for powers and duties of the commission; to provide for the dedication of property as a forest heritage preserve; to provide for the use of forest heritage preserves; to provide for the effect of certain actions on the protected status of property; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6 of Title 12, relating to forest resources and other plant life, is amended by inserting at the end thereof the following:

'ARTICLE 5

12-6-220. This article shall be known and may be cited as the 'Forest Heritage Trust Act of 2004.'

12-6-221. (a) The General Assembly finds that certain real property in Georgia, because it exhibits unique natural characteristics, special historical significance, or particular recreational value, constitutes a valuable heritage which should be protected to provide benefits to all Georgians, now and in the future. The General Assembly specifically recognizes that the forest lands and resources of the state are a natural resource of great economic value to the citizens ofthe state, not only for the potential production of forest products which they can provide, but also for the enormously valuable natural benefits they impart to the citizens of Georgia, such as air and water quality improvements, water storage, control of erosion, temperature moderation, habitat for native plants and wildlife, and opportunities for recreation in a natural, historic Georgia environment. Natural forested lands also allow present and future citizens to gain an understanding of the prehistoric and early culture of this region. Commercial forests provide traditional jobs, support our economy, and reflect the importance this industry has
had in the development of Georgia. The General Assembly further finds that
many of the forest resources of the state are under pressure to be converted to

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other uses because of Georgia's rapid progress and increased population over the past decades. As forest lands are converted to other uses and irreparably altered, a valuable part of our cultural heritage is lost as well as the natural benefits those forestlands provide. (b) The General Assembly declares, therefore, that there is a compelling public need to preserve forestlands as an element of Georgia's heritage. The General Assembly asserts the public interest in the state's heritage by creating the Forest Heritage Trust Program, which shall be the responsibility ofthe Governor and the State Forestry Commission and which shall seek to protect this heritage through the acquisition of fee simple title or lesser interests in valuable properties and by utilization ofother available methods.

12-6-222. As used in this article, the term:
(1) 'Commission' means the State Forestry Commission. (2) 'Forest Heritage area' means an area of land, marsh, or water which has been identified by the commission as having significant historical, natural, or cultural value. (3) 'Forest Heritage preserve' means a heritage area to which the state holds fee simple title or some lesser estate and which has been dedicated under this article.

12-6-223. The commission shall serve as an advisory body to the Governor on all matters concerning the Forest Heritage Trust Program and shall make recommendations to the Governor concerning the identification, designation, and acquisition of forest heritage areas; the dedication of forest heritage preserves; and the annual budget for the Forest Heritage Trust Program. The commission shall consider recommendations from the Director of the State Forestry Commission before making its recommendations on these matters.

12-6-224. The commission shall have the following powers and duties with regard to the Forest Heritage Trust Program:
(1) To adopt and promulgate all policies, rules, and regulations necessary for the identification and acquisition of forest heritage areas and for the selection, dedication, management, and use of forest heritage preserves; (2) To acquire forest heritage areas in the name of the State of Georgia as otherwise provided by law; (3) To advocate and approve the dedication of forest heritage preserves; and (4) To provide general supervision and direction in the protection, management, operation, and use offorest heritage preserves.

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12-6-225. A forest heritage area which has been acquired by the conunission for the Forest Heritage Trust Program may become dedicated as a forest heritage preserve after written recommendation of the conunission and approval by Executive Order of the Governor. Any other real property owned by the State of Georgia and llllder the custody of the commission may be similarly dedicated. The written recommendation shall contain a provision that designates the best and most important use or uses to which the land is to be put. The dedication as a forest heritage preserve shall become effective when the written recommendation and the approval of the Governor are filed with the office of the Secretary of State. The written recommendation and the approval of the Governor shall be filed in the office of the clerk ofthe superior court of the county or COllllties in which the forest heritage preserve is located.

12-6-226. Forest heritage preserves shall be held by the state in trust for the benefit of present and future generations of people of the State of Georgia. Each forest heritage preserve shall be put to the designated use or uses that confer the best and most important benefit to the public. Heritage preserves shall not be put to any use other than the dedicated use or uses except pursuant to the following procedure:
(I) A state agency, department, or authority with a direct interest in the use of a forest heritage preserve must submit in writing a petition to the conunission that an imperative and llllavoidable necessity for such other use exists; (2) Upon receipt of such petition, the conunission shall give public hearing thereon in the collllty or CO\lllties in which the heritage preserve is located; (3) The conunission shall consider fully all testimony relative to the proposed use and submit a recommendation to the General Assembly; and (4) The General Assembly shall then determine if such use is in the public interest and may by statute approve such other use of the forest heritage preserve.

12-6-227.
Neither the dedication of a piece of property as a forest heritage preserve nor any
action taken by the commission pursuant to this article shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its dedication as a forest heritage preserve:

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 11, 2004.

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357

CONSERVATION- WASTE REMOVAL; INTERCEPTORS; TRAPS.

No. 474 (Senate Bill No. 568).

AN ACT

To amend Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, so as to provide for regulation of removal,
transport. and disposal of certain waste removed from grease interceptors, sand traPS, oil-water separators, or grit traps that are not connected to on-site sewage
management systems; to define certain terms; to provide for rules and regulations; to provide for enforcement; to provide penalties for violations; to provide for more restrictive local ordinances; to provide for related editorial revisions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 15 of Title 12 of the Official Code of Georgia Annotated, relating to sewage holding tanks, is amended by designating the existing provisions of said chapter as Article 1 ofsaid chapter.

SECTION2. Said chapter is further amended by striking the word "chapter" and inserting in lieu thereof"article" wherever the former term appears in:
(1) Code Section 12-15-1, relating to a short title; (2) Code Section 12-15-2, relating to legislative findings; (3) Code Section 12-15-3, relating to definitions; (4) Code Section 12-15-6, relating to responsibility for enswi.ng compliance with said chapter; (5) Code Section 12-15-7, relating to enforcement of compliance with said chapter; and (6) Code Section 12-15-8, relating to violations.

SECTION3. Said chapter is further amended by adding a new article to read as follows:

"ARTICLE 2

12-15-20. As used in this article, the term:
(1) 'Commercial waste' means: (A) Nontoxic, nonhazardous liquid waste water from commercial facilities;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Grease interceptor contents generated by a commercial food operation or institutional food preparation facility including without limitation fats, oil, grease, and food scraps; or (C) Any oil waste residue produced from vehicle maintenance or washing that discharges to an oil-water separator or sand trap. (2) 'Department' means the Department ofNatural Resources. (3) 'Division' means the Environmental Protection Division ofthe department (4) 'Local governing authority' means the governing authority of a county or municipality. (5) 'Transporter' means any person or firm which owns or operates one OJ\
more waste tank trucks which receive or dispose of commercial waste in this
state.

12-15-21. (a)(1) Removal of commercial waste from any grease interceptor, sand trap1 oil-water separator, or grit trap that is not connected to an on-site sewage management system for the purpose of transporting such waste to a disposal site shall be accomplished in a clean and sanitary manner by means of a
vacuum hose or pump that shall remove the entire contents of the holding tank
or pretreatment system being serviced; and such waste removed shall be: received, unmingled with any hazardous waste or septic waste, into a leakproof tank truck approved and permitted for such service as provided by paragraph. (2) of this subsection. Any commercial waste spilled, leaked, discharged, or otherwise released or removed from a grease interceptor, sand trap, oil-watt~" separator, or grit trap that is not connected to an on-site sewage management system to any location other than a licensed leakproof tank truck shall be deemed a violation of this Code section. (2) Any transporter shall register with the division or the local governing authority or its designee of any county or municipality in this state in which the transporter receives or disposes ofcommercial waste, and registration with the division or any such local governing authority shall be valid for operation throughout the state. Such registration shall be made on a standard form prescribed by rule or regulation ofthe department. (3) Any commercial waste tank truck which receives or disposes of commercial waste in this state shall be inspected and permitted annually fur purposes of compliance with the requirements of this subsection by the local
governing authority or its designee of any county or municipality in this state
in which the tank truck receives or disposes of commercial waste, and a single permit issued by any such local governing authority shall be valid for operation of such truck throughout the state. Such permit shall be on a standard form prescribed by rule or regulation of the department. The permit applicant shall
be required to identifY the facilities at which waste carried by such truck will
be disposed, and such facilities shall be identified on and be a condition of such permit. For any transporter, the amount of such annual permit fee shall be $25 0. 00 for the first truck and $1 00.00 for each additional truck.

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(b) Commercial waste vacuwned or pmnped from any grease interceptor, sand trap, oil-water separator, or grit trap that is not connected to an on-site sewage management system and which waste is carried by tank trucks and disposed therefrom in this state shall be disposed only at a facility which is authorized by law to receive and process such waste. No person shall dispose of commercial waste from a tank truck at any location in this state other than the place inside the property boundaries designated for such waste by the authorized facility's owner. (c) Any originator in this state, transporter, or disposal site operator in this state of any load of commercial waste vacumned or pmnped from any grease interceptor, sand trap, oil-water separator, or grit trap that is not connected to an on-site sewage management system shall be each responsible for maintaining a manifest system fur such load of commercial waste, and the transporter shall certifY on its manifest that such load of commercial waste is disposed in accordance with subsection (b) ofthis Code section or in accordance with the law ofsuch other state in which it is disposed. The forms for such manifests shall be prescribed by rule or regulation of the department. Such manifests shall be maintained at the principal places of business of the originator, transporter, and disposal site operator for not less than three years from the date ofwaste removal, transport, or disposal; except that the transporter s manifests covering not less than the immediately preceding 30 day period for a particular truck shall be kept in the transporter s tank truck at all times when operating in this state. Such manifests shall be made available at any time for inspection by the division or any local governing authority or the designee thereof (d) Any person who violates any provision of this article, the rules and regulations adopted pursuant to this article, or any permit condition or limitation established pursuant to this article shall be liable for a civil penalty not to exceed $2,500.00 per violation. For the purpose of enforcing the provisions of this article, notwithstanding any provision in Code Section 36-35-6, any other provision of law, or any municipal charter to the contrary, municipal courts shall have jurisdiction in cases of violations committed within municipalities and shall be authorized to impose a civil penalty not to exceed $2,500.00 for each violation. Magistrate courts shall have jurisdiction in cases of violations of this article committed within unincorporated areas of counties and shall be authorized to impose a civil penalty not to exceed $2,500.00 for each violation.

12-15-22. The department shall promulgate such rules and regulations as are reasonable and necessary for purposes of enforcement of this article not later than December 31, 2004.

12-15-23. The respective local governing authorities and their duly authorized agents are authorized to enforce compliance with this article and rules and regulations promulgated and adopted pursuant to this article.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

12-15-24. This article shall be cwnulative and shall not prohibit the enactment and enforcement of local ordinances by the governing authority of a county or municipality on this subject which are not in conflict with this article; provided, however, that such local governing authority shall be required to provide timely written notice to the division of any enforcement action taken pursuant to such an ordinance against an operator permitted under this article who is alleged to be in violation of such local ordinance. The division shall be notified of the initiation of any such local enforcement action and of the final conclusions or ultimate outcome of any such action."

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 11,2004.

REVENUE- CONSERVATION USE; COVENANT EXPIRATION NOTICE.
No. 475 (House Bill No. 11 03).
AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide for notification of impending expiration of covenants regarding such property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by striking subsection (d) and inserting in its place a new subsection (d) to read as follows:
'(d) No property shall quality for current use assessment under this Code section unless and m1til 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 of ten 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

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assessment shall continue to be allowed such owner as specified in this Code section At least 60 days prior to the expiration date of the covenant, the county board of tax assessors shall send by first-class mail written notification of such impending expiration. Upon the expiration of any covenant period, the property shall not quality 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:

SECTION2.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May II, 2004.

REVENUE- CONSERVATION USE; UNDEVELOPED RIVERSIDE OR STREAMSIDE lANDS.
No. 476 (House Bill No. 11 07).
AN ACT
To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to current use assessment for ad valorem taxation ofbona fide conservation use property, so as to include undeveloped riverside or streamside lands within buffer zones established by law or local ordinance as eligible for such assessment; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to cmrent use assessment for ad valorem taxation of bona fide conservation use property, is amended by striking subparagraph (a)(2)(F) and inserting in lieu thereof the following:
'(F) River or stream corridors or buffers which shall be defined as those undeveloped lands which are:
(i) 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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(ii) Within buffer zones adjacent to rivers or perennial streams, which buffer zones are established by law or local ordinance and within which land-disturbing activity is prohibited; or"

SECTION2. This Act shall become effective on January 1, 2005, and shall apply to all taxable years beginning on or after such date.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 11, 2004.

REVENUE- CONSERVATION USE; QUAUFYING USES; COVENANT RENEWAL.
No. 477 (House Bill No. 1416).
AN ACT
To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to change certain provisions relating to bona fide conservation use property, residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report; to expressly include certain property devoted to production of wildlife by maintaining wildlife habitat within the meaning of bona fide conservation use property; to provide for additional circumstances where a covenant may be renewed or reentered where certain qualifying uses have been discontinued and the property's primary use is maintenance of a wildlife habitat; to provide for conditions and limitations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated. relating to general provisions relative to ad valorem taxation of property, is amended in Code Section 48-5-7.4, relating to bona fide conservation use propertY. residential transitional property, application procedures, penalties for breach of covenant, classification on tax digest, and annual report, by striking the
undesignated introductory paragraph and paragraph (1) of subsection (a) and
inserting in lieu thereofthe following:

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(a) For purposes of this article, the term 'bona fide conservation use property'
01eans property described in and meeting the requirements ofparagraph (1) or (2)
ofthis subsection, as follows: (1) Not more than 2,000 acres oftangib1e real property of a single owner, the primary purpose of which is any good faith production, including but not limited to subsistence farming 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) ofthis 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 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 50I (c)(7) of the Internal Revenue Code; or

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(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 ofthe terrain; (ii) The density ofthe marketable product on the land; (iii) The past usage ofthe land; (iv) The economic merchantability ofthe 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, including without limitation the production of fish or wildlife by maintaining not less than ten acres of wildlife habitat either in its natural state or under management, which shall be deemed a type of agriculture; provided, however, that no form of commercial fishing or fish production shall be considered a type of agriculture; or (iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poultry, and apiarian products; or"

SECTION lA. Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by adding a new paragraph immediately following paragraph (2) of subsection (a), to be designated paragraph (2.1 ), to read as follows:
'(2.1) Notwithstanding any other provision of this Code section to the contrary, in the case of property which otherwise meets the requirements for current use assessment and the qualifYing use is pursuant to division (I )(E)(iii) of this subsection, when the owner seeks to renew the covenant or reenter a covenant subsequent to the termination of a previous covenant which met such requirements and the owner meets the qualifications under this Code section but the property is no longer being used for the qualified use for which the
previous covenant was entered pursuant to division (I)(E)(iii) of this
subsection, the property is not environmentally sensitive property within the meaning of paragraph (2) of this subsection, and the primary use of the property is maintenance of a wildlife habitat of not less than ten acres either by maintaining the property in its natural condition or under management, the county board of tax assessors shall be required to accept such use as a qualifYing use for purposes ofthis Code section.

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SECTION2.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 11, 2004.

RETIREMENT- CODE REVISION; CORRECTIONS.
No. 478 (House Bill No. 1246).
AN ACT
To amend Title 47 ofthe 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 I. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as fullows: (1) By striking "paragraph (2)" and inserting in its place "paragraph (3) of subsection (a)" in subparagraph (A) of paragraph (6) of Code Section 47-1-20, relating to definitions in regard to restrictions and prohibitions on membership in the public retirement or pension systems. (2) By striking "are made" and inserting in its place "is made" in paragraph (2) of subsection (f) of Code Section 47-2-334, relating to the service retirement allowance, calculation, employee membership contributions, employer contributions, optional membership, conditions, and construction of provisions in regard to the Employees Retirement System ofGeorgia.
SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

PUBLIC UTILITIES -HIGHWAYS HOUSEHOLD GOODS CARRIERS;
911 CHARGES; CHAUFFEUR PERMITS; WEIGHT LIMITATIONS.
No. 479 (House Bill No. 1248).
AN ACT
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, so as to change certain provisions relating to household goods carriers and services provided by such carriers; to provide for the imposition and collection ofmonthly "911" charges for additional periods in those jurisdictions in which the local governing bodies have created a joint authority or which have executed an intergovernmental contract for the provision of emergency "911" services; to change certain provisions relating to motor contract carriers; to change certain provisions relating to chauffeur permits; to provide for hearings, penalties, and judicial review; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to change certain provisions relative to exemptions for weight limitations; 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 46 of the Official Code of Georgia Annotated, relating to public utilities and transportation, is amended in Code Section 46-2-91, relating to penalties recoverable before commission, by striking paragraph (I) of subsection (b) and inserting in its place the following:
"(b)(1) The commission, after a hearing conducted after not less than 30 days'
notice, shall determine whether any utility has willfully violated any law administered by the commission or any duly promulgated regulation issued thereunder, or has failed, neglected, or refused to comply with any order ofthe commission. Upon an appropriate finding of a violation, the commission may impose by order such civil penalties as are provided by subsection (a) of this Code section. In each such proceeding, the commission shall maintain a record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 including all pleadings, a transcript of proceedings, a statement of each matter

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of which the commission takes official notice, and all staffmemoranda or data submitted to the commission in connection with its consideration of the case. All penalties and interest thereon (at the rate of 10 percent per annum) recovered by the commission shall be paid into the general fimd of the state treasury:
SECTION2. Said title is further amended in Code Section 46-2-94, relating to operation as household goods carrier for hire without having valid certificate prohibited, by repealing and reserving said Code section.

SECTION2A. Said title is further amended by adding at the end of Code Section 46-5-138, relating to joint authorities, a new subsection (f) to read as follows:
'(f) Notwithstanding subsection (i) of Code Section 46-5-134, if the joint authority and each local governing body activating the joint authority certify to the service provider in writing prior to the end ofthe 18 month period in advance of the date on which the '911 ' service was to have become fully operational that the system cannot be placed in operation on the date originally projected but that
all parties are proceeding in a diligent and timely fashion to implement such
service, the service provider shall continue to collect the monthly '911' charge for an additional period of 18 months or until the '911' service becomes fully operational, whichever occurs first.

SECTION2B. Said title is further amended by striking subsection (a) of Code Section 46-5-138.1, relating to guidelines pertaining to additional charges on exchange access facilities involving contracts between two or more counties, and inserting in its place the following:
(a) Notwithstanding any provision ofparagraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency '911' services on May 1, 1998, and any participating municipalities within such counties, if any, agree by intergovernmental contract to initiate or contract for the joint operation of an emergency '911' system for the first time after May 1, 1998, such local governments may impose a monthly '911' charge which exceeds $1.50 per exchange access facility but only so long as the following procedure is followed:
(1) The participating local governments shall, with input from a local exchange service supplier, prepare an estimated budget for the implementation of the joint emergency '911' system with costs limited to items eligible for fimding through the Emergency Telephone System Fund; (2) An estimate of the revenue to be generated by the '911' charge authorized by paragraph (1) of subsection (a) ofCode Section 46-5-134 during the first 18 months of collection shall be prepared;

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(3) If the total am01mt necessary for implementation of the emergency '911' system in paragraph ( 1) ofthis subsection exceeds the estimated revenue from imposition of the '911' charge specified in paragraph (2) ofthis subsection, the monthly '911' charge per exchange access facility may be increased on a pro rata basis during the first 18 months of collection to the extent necessary to provide revenue sufficient to pay the amount specified in paragraph (1) of this subsection, but in no case shall such monthly charge be greater than $2.50 per exchange access facility. Notwithstanding subsection (i) of Code Section 46-5-134, if each local governing body which is a party to an intergovernmental contract certifies to the service provider in writing prior to the end of the 18 month period in advance of the date on which the '911' service was to have become fully operational that the system carmot be placed in operation on the date originally projected but that all parties are proceeding in a diligent and timely fashion to implement such service, the service provider shall continue to collect the monthly '911' charge for an additional period of 18 months or until the '911' service becomes fully operational, whichever occurs first; and (4) Such local governments comply with the requirements of Code Section 46-5-133 which relate to the imposition of a monthly '911' charge. Nothing in this subsection shall be construed to authorize the imposition of any charge upon a wireless telecommunications connection. Except as otherwise provided in this subsection, the requirements of Code Section 46-5-134 which relate to monthly '911' charges on exchange access facilities shall apply to charges imposed pursuant to this subsection.

SECTION3. Said title is further amended by striking Code Section 46-7-3, relating to certificate of public convenience and necessity requirement for motor common carriers generally, and inserting in its place the following:
"46-7-3. No motor common or contract carrier of passengers or honsehold goods shall, except as otherwise provided in this article, operate without first obtaining :from the commissioner a certificate.

SECTION4. Said title is further amended in Code Section 46-7-4, relating to issuance of certificate for full or partial exercise of privilege sought and terms and conditions of issuance, by striking said Code section and inserting in its place the following:
"46-7-4. The commissioner may issue the certificate applied for or issue it for the partial exercise of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in his or her judgment, may require.

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SECTIONS.
Said tide is further amended in Code Section 46-7-5, relating to authority of
()()IJllllission as to revocation, suspension, or change of certificate, by striking said Code soction and inserting in its place the following:
46-7-5. 1he commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, suspend, revoke, alter, or amend any certificate issued under this article, under the 'Motor Carrier Act of 1929,' under the 'Motor Carrier Act of 1931 ,' or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this article or any other law of this state regulating or taxing JDOtor vehicles, or both, or ifin the opinion of the commissioner the holder of the certificate is not furnishing adequate service:

SECTION6. Said tide is further amended in Code Section 46-7-7, relating to considerations determining granting of certificate generally, burden of proof, and protest by other carriers, by striking said Code section and inserting in its place the following:
46-7-7. (a) The commissioner shall issue a certificate to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the commissioner if he or she finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commissioner. Fitness encompasses three factors:
(1) The applicant's financial ability to perform the service it seeks to provide; (2) The applicant's capability and willingness to perform properly and safely the proposed service; and (3) The applicant's willingness to comply with the laws of Georgia and the rules and regulations ofthe commissioner. (b) The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant. (c) Upon an applicant making out a prima-facie case as to the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought should not be granted. (d) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier: (1) Possesses authority from the commissioner to handle, in whole or in part, the authority which is being applied for and is willing and able to provide service and has performed service during the previous 12 month period or has actively in good faith solicited service during such period; (2) Has pending before the commissioner an application previously filed with the commissioner for substantially the same authority; or

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(3) Is granted by the conmlissioner leave to intervene upon a showing of other interests which in the discretion of the commissioner would warrant such a grant. (e) The commissioner may issue a certificate without a hearing if the application is unprotested or unopposed."

SECTION?. Said title is further amended in Code Section 46-7-8, relating to rules as to manner and form of application for certificate, by striking said Code section and inserting in its place the following:
"46-7-8. The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this article. Such rules shall require that the application be in writing, under oath, and that the application:
(1) Contain full information concerning the applicant" s financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property ofthe applicant; (2) State the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation; and (3) Contain any such other or additional information as the commissioner may order or require.

SECTIONS. Said title is further amended in Code Section 46-7-9, relating to fees generally, by striking paragraphs (1) through (3) of said Code section and inserting in their places the following:
"(1) A fee of $75.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles; (2) A fee of $150.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles; (3) A fee of $200.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles;".

SECTION9. Said title is further amended in Code Section 46-7-10, relating to hearing on application for certificate of public convenience and necessity and notice, by striking said Code section and inserting in its place the following:
"46-7-10. The commissioner, upon the filing of a petition for a certificate, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a

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newspaper in Atlanta, in which sheriffs' notices are published. If no protest is
tiled with the commissioner or if the protest is subsequently withdrawn, the
coJDlllissioner may issue the certificate without a hearing.

SECTION 10. Said tide is further amended in Section 46-7-11, relating to refusal or revocation of certificate and new application, by striking said Code section and inserting in its place the following:
'46-7-11. When a petition for a certificate under this article has been in whole or in part
dulled by the commissioner, or has been granted by the commissioner, and the
order ofthe commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefur shall not be again considered by the commissioner within three months ftom the date ofthe order denying the same or the judgment ofthe court quashing or setting aside the order.

SECTION 11. Said tide is further amended in Code Section 46-7-15.1, relating to motor carrier of property permit, by striking subsection (d) of said Code section in its entirety.

SECTION 12. Said tide is further amended in Code Section 46-7-16, relating to registration and insurance for vehicles engaged solely in interstate commerce, emergency, tanpOrary, or trip-lease vehicle registration permits, late registration and identification, and certificate requirements for motor common carriers by striking subsection (f) of said Code section and inserting in its place the fullowing:
'(f) It shall not be necessary for any motor carrier to obtain a certificate from the commissioner when such carrier is engaged solely in interstate commerce over the public highways ofthis state.

SECTION 13. Said tide is further amended in Code Section 46-7-3 1, relating to injunctions, is amended by striking said Code section and inserting in its place the following:
'46-7-31. Any motor carrier which operates on the public highways ofthis state without the required certificate or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this article, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the commissioner, by a competing motor carrier or rail carrier, or by any individual:

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SECTION 14. Said title is further amended in Code Sa:tion 46-7-32, relating to no vested right or perpetual franchise in use of public highways, by striking said Code sa:tion and inserting in its place the following:
"46-7 -32. Nothing in this article or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit issued under this article any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways."

SECTION 15. Said title is further amended in Code Section 46-7-37, relating to private carriers excepted from application of article, safety rules authorized, and certificates of
registration not required, by striking subsa:tion (c) of said Code sa:tion and
inserting in its place the following: "(c) Private carriers are not required to hold certificates or permits issued by the commissioner."

SECTION 16. Said title is further amended in Code Sa:tion 46-7-85.1, relating to definitions, by striking paragraph (I) of said Code sa:tion and inserting in its place .the following:
"(I) 'Certificate' means a certificate issued by the commissioner."

SECTION 17. Said title is further amended in Code Sa:tion 46-7-85.3, relating to requirement for certificate of public convenience and na:essity, by striking said Code sa:tion and inserting in its place the following:
"46-7-85.3. No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the commissioner a certificate to do so."

SECTION 18. Said title is further amended in Code Sa:tion 46-7-85.8, relating to operations unlawful after cancellation, revocation, or suspension of certificate, by striking said Code sa:tion and inserting in its place the following:
"46-7-85.8. After the cancellation or revocation of a certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier."

SECTION 19. Said title is further amended in Code Sa:tion 46-7-85.9, relating to chauffeur's permit, form, possession requirement, fee, and term, by striking said Code sa:tion and inserting in its place the following:

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'46-7-85.9. Pursuant to rules and regulations prescribed by the conmrissioner, each chauffeur ef11Ployed by a limousine carrier shall register with the conmrissioner and secure
a permit as a limousine chauffeur. A chauffeur s permit issued under this
subsection shall be upon a form prescribed by the conmrissioner and shall bear
tba-eon a distinguishing nmnber assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the conmrissioner. Every chauffeur employed by a limousine carrier
shall have his or her chauffeur s permit in his or her immediate possession at all
times while operating a limousine. All applications for a chauffeur s permit shall be accompanied by such fee as the conmrissioner shall prescribe. The chauffeur s permit shall be valid for four calendar years. The conmrissioner may issue a
chauffeur's permit by mail.

SECTION20. Said title is further amended by adding a new Code Section 46-7-90 to read as mUows:
''46-7-90. (a) Any motor or common contract carrier subject to the jurisdiction of the connnissioner, which carrier willfully violates any law administered by the connnissioner or any duly promulgated regulation issued thereunder or which fails, neglects, or refuses to comply with any order after notice thereof, shall be liable to a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which such violation continues.
(b)( 1) The conmrissioner, after a hearing conducted after not less than 30 days notice, shall determine whether any carrier has willfully violated any law administered by the conmrissioner or any duly promulgated regulation issued thereunder, or has failed, neglected, or refused to comply with any order of the conmrissioner. Upon an appropriate finding of a violation, the conmrissioner may impose by order such civil penalties as are provided by subsection (a) of this Code section or by subsection (a) of Code Section 46-7-91. In each such proceeding, the conmrissioner shall maintain a record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 including all pleadings, a transcript of proceedings, a statement of each matter of which the conmrissioner takes official notice, and all staff memoranda or data submitted to the conmrissioner in connection with its consideration of the case. All penalties and interest thereon (at the rate of 10 percent per annmn) recovered by the commissioner shall be paid into the general fimd of the state treasury. (2) Any party aggrieved by a decision of the conmrissioner may seek judicial review as provided in subsection (c) ofthis Code section. (c)( 1) Any party who has exhausted all administrative remedies available before the commissioner and who is aggrieved by a final decision of the conmrissioner in a proceeding described in subsection (b) of this Code section

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may seek judicial review ofthe final order of the connnissioner in the Superior Court of Fulton County. (2) Proceedings for review shall be instituted by filing a petition within 30 days after the service of the final decision of the connnissioner or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the connnissioner shall not be a prerequisite to the filing of a petition for review. Copies ofthe petition shall be served upon the connnissioner and all parties of record before the connnissioner. (3) The petition shall state the nature of the petitioner s interest, the facts showing that the petitioner is aggrieved by the decision, and the ground, as specified in paragraph (6) of this subsection, upon which the petitioner contends that the decision should be reversed. The petition may be amended by leave ofcourt. (4) Within 30 days after service of the petition, or within such further time as is stipulated by the parties or as is allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate that the record be limited may be taxed for the additional costs. The court may require or permit subsequent corrections or additions to the record. (5) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the agency, the court may order that the additional evidence be taken before the connnissioner upon such procedure as is determined by the court. The connnissioner may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (6) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the connnissioner as to the weight of the evidence on questions of fact. The court may affirm the decision of the connnissioner or remand the case for further proceedings. The court may reverse the decision of the connnissioner if substantial rights of the petitioner have been prejudiced because the connnissioner s findings, inferences, conclusions, or decisions are:
(A) In violation ofconstitutional or statutory provisions; (B) In excess ofthe statutory authority ofthe connnissioner; (C) Made upon unlawful procedure; (D) Clearly not supported by any reliable, probative, and substantial evidence on the record as a whole; or (E) Arbitrary or capricious. (7) A party aggrieved by an order of the court in a proceeding authorized under subsection (b) of this Code section may appeal to the Supreme Court of

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Georgia or to the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5, the 'Appellate Practice Act.''

SECTION21. Said title is further amended by adding a new Code Section 46-7- 91 to read as
tollows: '46-7-91. .(a) Whenever the commissioner, after a hearing conducted in accordance with the provisions of subsection (b) of Code Section 46-7-90, finds that any person, fum, or corporation is operating as a household goods carrier for hire without a valid certificate issued by the commissioner or is holding itself out as such a carrier without such a certificate in violation of subsection (b) of this Code section, the commissioner may impose a fine ofnot more than $5,000.00 for each violation. The commissioner may assess the person, firm, or corporation an amount sufficient to cover the reasonable expense ofinvestigation incurred by the commissioner. The commissioner may also assess interest at the rate specified in paragraph (1) of subsection (b) of Code Section 46-7-90 on any fine or assessment imposed, to commence on the day the fine or assessment becomes delinquent. All fines, assessments, and interest collected by the commissioner
shall be paid into the general fund of the state treasury. Any party aggrieved by
a decision of the commissioner under this subsection may seek judicial review as provided in subsection (c) ofCode Section 46-7-90. (b) Any person, firm, or corporation who knowingly and willfully issues, publishes, or affixes or causes or permits the issuance, publishing, or affixing of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereo( that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the commissioner is guilty of a misdemeanor. Any fine or assessment imposed by the commissioner pursuant to the provisions of subsection (a) of this Code section shall not bar criminal prosecution pursuant to the provisions of this subsection.

SECTION22. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended in Code Section 32-6-26, relating to weight of vehicle and load, by striking subparagraph (g)(l)(D) of said Code section and inserting in its place the following:
'(D) Hauling granite, either block or sawed, or any other naturally occurring raw ore or mineral for further processing, from the quarry or stockpile area to a processing plant located in the same or an adjoining county;"

SECTION23. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

HIGHWAYSGRADE CROSSINGS.

No. 480 (House Bill No. I254).

AN ACT

To amend Code Section 32-6-I93 .I of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, so as to provide that railroads shall not have a duty to petition to eliminate any such grade crossings; to provide that failure to file such a petition shall not give rise to certain causes of action; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 32-6-I93 .I of the Official Code of Georgia Annotated, relating to elimination of grade crossings on public roads and related procedures, is amended by striking subsection (b) and inserting in lieu thereof the following:
"(b)( 1) Any railroad may file a written petition requesting an order to eliminate a grade crossing on a public road by physical removal of the grade crossing and barricading or removing the approaches thereto without construction of an underpass or overpass. Any such petition shall be filed by certified mail or statutory overnight delivery, return receipt requested, with the department in respect to the state highway system, a county governing authority in respect to its county road system, or a municipal governing authority in respect to its municipal street system. (2) Any petition by a railroad under this subsection shall include without limitation information as to each of the factors set forth in paragraphs (1) through (5) of subsection (a) ofthis Code section. (3) The department or the local governing authority, whichever is applicable,
shall conduct a public hearing on the matter prior to deciding whether to grant
or deny such a petition. (4)(A) No railroad shall have a duty to file a petition for elimination of a grade crossing as authorized by this subsection. (B) Neither the failure of a railroad to file such a petition nor any decision by the department or any local governing authority regarding such a petition shall give rise to a cause of action against the railroad, the department, or a local governing authority by a person for injuries or damages arising froiD the existence or use ofsuch crossing.

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

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lABOR- WAGE AND EMPWYMENT BENEFIT MANDATES; PREEMPTION.

No. 481 (House Bill No. 1258).

AN ACT

To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimwn Wage Law," so as to preempt certain wage and employment
benefit mandates by local govennnent entities; to define certain terms; to provide
legislative findings and declarations; to provide an effective date; to repeal oonfticting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. 1be General Assembly finds and declares that:
(I) Economic stability and growth are among the most important factors affecting the general welfare of the people of this state, and that economic stability and growth are therefore among the most important matters for which the General Assembly is responsible; (2) Mandated wage rates and employment benefits comprise a major cost component for private enterprises and are among the chief factors affecting the economic stability and growth ofthis state; (3) Local variations in mandated wage rates and employment benefits threaten many businesses with a loss of employees to areas which require higher mandated wage rates and employment benefits, threaten many other businesses with the loss of patrons to areas which allow lower mandated wage rates and employment benefits, and are therefore detrimental to the business environment of the state and to the citizens, businesses, and govennnents ofthe various political subdivisions as well as local labor markets; (4) In order for businesses to remain competitive and yet attract and retain the highest possible caliber of employees, private enterprises in this state must be allowed to fimction in a uniform environment with respect to mandated wage rates and employment benefits; and (5) Legislated wage and employment benefit disparity between local govennnent entities of this state creates an anticompetitive marketplace that fosters job and business relocation.

SECTION2. Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimwn Wage Law," is amended by adding a new Code section to read as &,llows:

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'34-4-3.1. (a) As used in this Code section, the term:
(1) 'Employee' means any individual employed by an employer. (2) 'Employer' means any person or entity that employs one or more employees. (3) 'Employment benefits' means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits, disability benefits, death benefits, group accidental death and dismemberment benefits, paid days off for holidays, sick leave, vacation, and personal necessity, retirement benefits, and profit-sharing benefits. (4) 'Local government entity' means a county, municipal corporation, consolidated government, authority, board of education, or other local public board, body, or commission. (5) 'Person' means an individual, partnership, association, corporation, business trust, legal representative, or any other organized group ofpersons. (6) 'Wage or employment benefit mandate' means any requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under this Code or federal law. (b)( 1) Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted. (2) No local government entity may adopt, maintain, or enforce by charta-, ordinance, purchase agreement, contract, regulation, rule, or resolution, eith directly or indirectly, a wage or employment benefit mandate. (3) Any local government entity may offer its own employees employment benefits.
SECTION3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION4. All laws and parts oflaws in conflict witl1 this Act are repealed.

Approved May 13, 2004.

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PROFESSIONS -MEDICAL PRACTICE; TRAINING PERMITS.

No. 482 (House Bill No. 1265).

AN ACT

To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to change certain provisions relating to ptacticing medicine without a license; to provide for the issuance of temporary postgra~uate training per:nnts; to ~rovide for . ~efinitio~; to provide for. the applicabon for such penmt; to provide fur conditiOns relanng to such penmt; to provide for disciplinary actions against permit holders; to provide for the refusal, suspension, revocation, or limitation of a permit; to provide for a hearing before the Composite State Board of Medical Examiners; to provide certain reporting requirements relating to permits; to provide for related matters; to repeal conflicting
Jaws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by striking subsection (b) of Code Section 43-34-26, relating to practicing medicine without a license, and inserting in lieu thereofthe following:
'(b) Nothing in this chapter shall be construed to prohibit: (1) Gratuitous services in cases of emergency; (2) The practice of the religious tenets or general beliefs of any church whatsoever; (3) The requiring of a fee for examination by opticians, at their established places ofbusiness, who do not prescribe or use drugs or medicines or attach to their names titles indicative that any such persons are engaged in the practice ofmedicine, as defined in this chapter; (4) The performance of their duties for the federal government by federal physicians, both military and civilian; (5) The consultation on special cases in this state of regularly licensed physicians from other states or territories; (6) The licensed practice of dentistry, optometry, psychology, or chiropractic; (7) The licensed practice ofmidwifery or nursing; (8) The utilization of a physician's assistant to perform tasks approved by the board, and the performance of such tasks by the physician's assistant; the delegation by a physician to a qualified person other than a physician's assistant of any acts, duties, or functions which are otherwise permitted by law or established by custom; and the performance of such acts, duties, or functions by such a person other than a physician's assistant; or

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(9) The performance of (A) Any medical task by a student enrolled in a medical college, osteopathic college, or physician's assistant training program approved by the board; or (B) Any dental task by a student enrolled in a dental college approved by the Georgia Board of Dentistry where either type task is performed Wlder the supervision of an authorized instructor lawfully licensed in this state to perform such tasks:

SECTION2. Said article is further amended by adding a new Code Section 43-34-47 to the end ofsuch article, to read as follows:
"43-34-47.
(a) As used in this Code section, the term: (1) 'Program director' means a physician licensed in this state who is responsible for screening, selecting, and supervising physicians enrolled in one or more of an institutions postgraduate training programs.
(2) 'Temporary postgraduate training permit' means a permit issued by the board to a graduate of a board approved medical or osteopathic school who is enrolled in a postgraduate training program deemed acceptable by the board and who does not currently hold a full and unrestricted license in this state. {3) 'Training institution' means an institution that sponsors and conducts a postgraduate training program approved by the Accreditation CoWlcil fur Graduate Medical Education, the American Osteopathic Association, or oth~ program approved by the board for the training of interns, residents, or postresidency fellows. (b)( 1) An individual seeking to pursue postgraduate medical training in this state who does not hold a license to practice medicine issued Wlder this chapter shall apply to the board for a temporary postgraduate training permit. The application shall be made on forms that the board shall furnish and shall be accompanied by the application and permit fees set by the board. Such application shall include the following:
(A) Evidence satisfactory to the board that the applicant has been accepted or appointed to participate at a training institution in this state in one of the following:
(i) An internship or residency program accredited by either the Accreditation CoWlcil for Graduate Medical Education or the American Osteopathic Association; or (ii) A clinical fellowship program at an institution with a residency program accredited either by the Accreditation CoWlcil for GraduatC Medical Education or the American Osteopathic Association that is in a clinical field the same as or related to the clinical field of the fellowshiP program;
(B) Information satisfactory to the board that identifies the beginning and
ending dates of the period fur which the applicant has been accepted ot

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appointed to participate in the internship, residency, or clinical fellowship program; and (C) Any other information that the board requires. Nothing in this Code section shall prohibit an individual from obtaining a full and unrestricted license to practice medicine under this article. (2) Ifthe applicant meets the requirements ofparagraph (I) of this subsection, the board shall issue a temporary postgraduate training permit to the applicant. A temporary postgraduate training permit issued pursuant to this subsection shall be valid only for a period of one year but may, in the discretion of the board and upon application duly made and payment ofthe renewal fee required by the board, be renewed annually for the duration ofthe postgraduate training program for a period not to exceed seven years. The board shall maintain a registry of all individuals who hold temporary postgraduate training permits. (3) The holder of a valid temporary postgraduate training permit shall be entitled to perform such acts as may be prescribed by or incidental to the holder s postgraduate residency training program, but the holder shall not be entitled otherwise to engage in the practice of medicine in this state. The holder shall train only under the supervision of the physicians responsible for supervision as part of the postgraduate training program. The temporary postgraduate training permit shall authorize the person receiving the permit to practice in facilities affiliated with the postgraduate training program only if such practice is part ofthe training program. (4) Prior to participating in a postgraduate medical training program in this state, individuals must either hold a license to practice medicine or a temporary postgraduate training permit issued by the board or have applied for a temporary postgraduate training permit. The board shall issue temporary postgraduate training permits to applicants meeting the board s qualifications within 30 days of receipt by the board ofthe application. (5) A temporary postgraduate training permit issued pursuant to this Code section shall expire upon the permit holder s withdrawal or termination from, or completion o:( the postgraduate training program or upon obtaining a license to practice medicine under this article. (6) The board shall have the authority to discipline the holder of a temporary postgraduate training permit in the same manner and based upon any ground or violation enumerated in Code Sections 43-1-19 and 43-34-37. (7) By obtaining a temporary postgraduate training permit, the permit holder consents to the release of information pursuant to subsection (d) of this Code section from program directors and supervising physicians and authorizes the president ofthe board to be an agent for service. (c)(l) The board shall have the authority to refuse to issue or renew or to suspend, revoke, or limit a temporary postgraduate training permit based upon any of the grounds or violations enumerated in Code Sections 43-1-19 and 43-34-37. (2) The refusal, suspension, revocation, or limitation of a temporary postgraduate training permit shall not be deemed to be a contested case under

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Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and notice and a hearing within the meaning of such chapter shall not be required. The individual or permit holder shall be allowed to appear before the board ifhe or she so requests regarding such refusal, suspension, revocation, or limitation. (d)( I) It is the responsibility of the program director for the training program to notifY the board upon the permit holder's withdrawal or termination from. or completion of, the postgraduate training program. (2) Program directors shall comply with all other reporting requirements which the board by rule and regulation may require. (3) Failure to comply with tl1e board's reporting requirements shall be grounds for disciplinary action by the board. (e) The board may adopt such rules and regulations as necessary to effect the purpose oftllis Code section."

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

LABOR- GUARDIAN OF MINOR OR INCOMPETENT; APPOINTMENT.

No. 483 (House Bill No. 1278).

AN ACT

To amend Code Section 34-9-226 of the Official Code of Georgia Annotated. relating to the appointment of a guardian for a minor or incompetent claimant entitled to workers compensation benefits, so as to provide that such a guardian may be appointed by a court other than the probate court; to change a provision relating to the appointment of a temporary guardian; 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 34-9-226 of the Official Code of Georgia Annotated, relating to the

appointment of a guardian for a minor or incompetent claimant entitled to workers'
compensation benefits, is amended by striking said Code section in its entirety and

inserting in lieu thereofthe following:

'34-9-226. (a) Except

as

provided

in

this

Code

section,

the

only

person

capable

0~

representing a minor or legally incompetent claimant entitled to workers

GEORGIA lAWS 2004 SESSION

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compensation benefits shall be a guardian duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person or by a court ofcompetent jurisdiction outside the State of Georgia. Said guardian shall be required to file with the board a copy of the guardianship returns filed annually with the probate court or with a court of competent jurisdiction outside the state of Georgia and give notice to all parties within 30
days of any change in status. (b) The board shall have authority in and shall establish procedures for
appointing temporary guardians for purposes of administering workers compensation rights and benefits without such guardian becoming the legally qualified guardian of any other property, without such guardian's actions being approved by a court of record, and without the posting of a bond, in only the fullowing circumstances:
(1) The board may, in its discretion, authorize and appoint a temporary guardian of a minor or legally incompetent person to receive and administer weekly income benefits on behalf of and for the benefit of said minor or legally incompetent person for a period not to exceed 52 weeks unless renewed or extended by order ofthe board; (2) The board may, in its discretion, authorize and appoint a temporary guardian of a minor or legally incompetent person to compromise and terminate any claim and receive any sum paid in settlement for the benefits and use of said minor or legally incompetent person where the net settlement amount approved by the board is less than $50,000.00; and (3) If a minor or legally incompetent person does not have a duly appointed representative or guardian, the board may, in its discretion, appoint a guardian ad litem to bring or defend an action under this chapter in the name of and for the benefit of said minor or legally incompetent person to serve for a period not to exceed 52 weeks, unless renewed or extended by order of the board. However, no guardian ad litem appointed pursuant to this Code section shall be permitted to receive the proceeds from any such action except as provided in this Code section and the board shall have the authority to determine compensation, if any, for any guardian ad litem appointed pursuant to this Code section.

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE- CIGARETTE MANUFACTURERS, IMPORTERS, AND DISTRIBUTORS; COUNTERFEIT CIGARETTES.

No. 484 (House Bill No. 1282).

AN ACT

To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to provide for definitions; to change provisions relating to licensure of manufacturers, importers, and distributors; to provide for penalties related to counterfeit cigarettes; 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 II of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is 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 oftobacco when the cover ofthe roll is also tobacco. (2) 'Cigar dealer' means any person located within the borders ofthis state who sells or distributes cigars to a consumer in this state. (3) 'Cigar distributor' means any person, whether located within or outside the borders of this state, other than a cigar dealer, who sells or distributes cigars within or into the boundaries of this state; and who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigar dealers; and (B) Is engaged in the business of:
(i) Importing cigars into this state or purchasing cigars from other cigar manufacturers or cigar distributors; and (ii) Selling the cigars to cigar dealers in this state for resale but is not in the business of selling the cigars directly to the ultimate consumer of the cigars.
(4) 'Cigar importer' means any person who imports into or who brokers within
the United States, either directly or indirectly, a finished cigar for sale or distribution. (5) 'Cigar manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigar. (6) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover ofthe roll is paper or any substance other than tobacco.

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(7) 'Cigarette dealer' means any person located within the borders ofthis state who sells or distributes cigarettes to a consumer in this state. (8) 'Cigarette distributor' means any person, whether located within or outside the borders of this state, other than a cigarette dealer, who sells or distributes cigarettes within or into the boundaries ofthis state; and who:
(A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigarette dealers; and (B) Is engaged in the business of
(i) Importing cigarettes into this state or purchasing cigarettes from other cigarette manufacturers or cigarette distributors; and (ii) Selling the cigarettes to cigarette dealers in this state for resale but is not in the business of selling the cigarettes directly to the ultimate consumer of the cigarettes. Such term shall not include any cigarette manufacturer, export warehouse proprietor, or cigarette importer with a valid permit under 26 U.S.C. Section 5712, if such person sells or distributes cigarettes in this state only to cigarette distributors who hold valid and current licenses under Code Section 48-11-4 or to an export warehouse proprietor or another cigarette manufacturer with a valid permit under 26 U.S.C. Section 5712. (9) 'Cigarette importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigarette for sale or distribution. (10) 'Cigarette manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigarette. (11) 'Counterfeit cigarette' means cigarettes that are manufactured, fabricated, assembled, processed, packaged, or labeled by any person other than the trademark owner of a cigarette brand or the owner's designated agent. (12) 'Dealer' means any person who is a cigar dealer, a cigarette dealer, or a loose or smokeless tobacco dealer. (13) 'Distributor' means any person who is a cigar distributor, a cigarette distributor, or a loose or smokeless tobacco distributor. (14) '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. (15) '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 or cigars by cigarette manufacturers or cigar manufacturers. (16) 'Loose or smokeless tobacco dealer' means any person located within the borders of this state who sells or distributes loose or smokeless tobacco to a consumer in this state.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(17) 'Loose or smokeless tobacco distributor' means any person who: (A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on loose or smokeless tobacco dealers; and (B) Is engaged in the business of: (i) Importing loose or smokeless tobacco into this state or purchasing loose or smokeless tobacco from other loose or smokeless tobacco manufacturers or loose or smokeless tobacco distributors; and (ii) Selling the loose or smokeless tobacco to loose or smokeless tobacco dealers in this state for resale but is not in the business of selling the loose or smokeless tobacco directly to the ultimate consumer of the loose or smokeless tobacco.
(18) 'Loose or smokeless tobacco importer' means any person who imports into or who brokers within the United States, either directly or indirectly, finished loose or smokeless tobacco for sale or distribution. (19) 'Loose or smokeless tobacco manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels finished loose or smokeless tobacco. (20) 'Related machinery' means any item, device, conveyance, or vessel of any kind or character used in manufacturing, packaging, labeling, stamping, transporting, distributing, selling, or possessing counterfeit cigarettes. (21) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer fur sale and distribution in any manner or by any means whatever. (22) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (23) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars, cigarettes, or loose or smokeless tobacco

SECTION2. Said chapter is further amended by striking Code Section 48-11-4, relating to licensing of persons engaged in the tobacco business, 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, importing, brokering, purchasing, selling, consigning, vending, dealing in, or distributing cigars, 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 and fur other purposes of enforcing this chapter. 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.

GEORGIA LAWS 2004 SESSION

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(c) The fee for a manufacturer's, importer's, or distributor's license shall be $50.00 annually, except that for a person commencing business as a manufacturer, importer, or 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 I 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
ofthe annual period. Each manufacturer's, importer's, 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, 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 $1.00 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, loose or smokeless tobacco, and other tobacco products contained in the machine bear the tax stamp required under this chapter. (e) The manufacturer s, importer s, 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 manufacturer, importer, or 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 manufacturer s, importer s, or distributor s duties and the discharge of the . manufacturer s, importer s, or distributor's liabilities under this chapter. The bond shall run concurrently with the manufacturer's, importer s, or distributor s license but shall remain in full force and effect for a period of one year after the expiration or revocation ofthe manufacturer s, importer s, or 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 conswning cigars, cigarettes, or loose or smokeless tobacco in this state and to every person dealing in cigars, cigarettes, or loose or smokeless tobacco in any way for business purposes and maintaining a place ofbusiness 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. For the purpose of enforcement of this chapter and the rules and regulations promulgated hereunder, notwithstanding any other provision of law,

388

GENERAL ACTS AND RESOLUTIONS, VOL. I

the conunissioner or his or her duly appointed hearing officer is granted authority to conduct hearings which shall at all times be exercised in conformity with Chapter 13 ofTitle 50, the 'Georgia Administrative Procedures Act.' (g) The conunissioner may provide for the licensing of promotional activities, not including the sale ofcigars, cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually.'

SECTION3. Said chapter 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)( I) If the conunissioner finds that the collection of the tax imposed by this chapter would be facilitated by such action, the conunissioner 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 conunissioner s requirements, to affix or cause to be affixed the stamps required by this chapter on behalf ofthe purchasers ofthe cigars, cigarettes, or loose or smokeless tobacco who would otherwise be taxable for the cigars, cigarettes, and loose or smokeless tobacco. The conunissioner 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 conunissioner shall require a bond of a nonresident distributor satisfactory to the conunissioner and in an amount of not less than $1 ,000.00, conditioned upon the payment of the tax and compliance with any other requirements specified by the conunissioner. 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 conunissioner or the conunissioner 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 made by leaving a duly attested copy of the 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 conunissioner, a nonresident distributor shall become a licensed distributor within the meaning ofthis chapter and shall be subject to all provisions ofthis chapter applicable to licensed distributors.
(b) Every nonresident manufacturer, importer, or 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

GEORGIA LAWS 2004 SESSION

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the account of others to distributors or dealers of cigars, cigarettes, or loose or sDlokeless tobacco located within this state shall make reports of the shipments when and as required by rules and regulations ofthe commissioner."

SECTION 4. Said chapter is further amended by adding a new Code section at the end of such clJapter to read as follows:
'48-11-30. (a) Notwithstanding any other provision of law, the sale or possession for sale of counterfeit cigarettes by any person shall result in the seizure of the product and related machinery by the commissioner or his or her authorized agents and any law enforcement agency at the direction of the commissioner and shall be punishable as follows:
(1) A first violation with a total quantity of less than two cartons of cigarettes
shall be punishable by a fine of$1 ,000.00 or five times the retail value of the
cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment; (2) A subsequent violation with a total quantity of less than two cartons of cigarettes shall be punishable by a fine of $5,000.00 or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment; (3) A first violation with a total quantity of two cartons of cigarettes or more shall be punishable by a fine of$2,000.00 or five times the retail value of the cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment; and (4) A subsequent violation with a quantity oftwo cartons of cigarettes or more
shall be punishable by a fine of$50,000.00 or five times the retail value of the
cigarettes involved, whichever is greater, or imprisonment not to exceed five years, or both the fine and imprisonment. (b) An act committed by or on behalf of a licensed cigarette manufacturer, cigarette importer, cigarette distributor, or cigarette dealer in violation of paragraphs (2) or (4) of subsection (a) ofthis Code section shall also result in the revocation of the license by the department pursuant to Code Section 48-11-6. (c) Any counterfeit cigarette seized by or at the direction of the commissioner shall be destroyed by the commissioner or his or her designee. Any related machinery seized by or at the direction of the commissioner may be sold by the commissioner at public auction in accordance with the requirements of Code Section 48-11-9.'

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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION6. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

PROFESSIONS - UTIUTY CONTRACTORS.
No. 485 (House Bill No. 1300).
AN ACT
To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plmnbers, conditioned air contractors, low-voltage
contractors, and utility contractors, so as to prohibit persons from contracting with
any other person to perfurm utility contracting work unless such other person is properly licensed; to redefine the terms "utility contracting" and "utility system"; to provide that persons holding valid licenses from the State Construction Industry Licensing Board or its divisions shall be able to perform any work within the scope of their licenses; to repeal the certain requirements concerning bids; to provide that persons holding utility manager and utility foreman certificates must provide proof of completion of a course in safety training every two years; to provide for proof of violations of licensing requirements for utility contractors; to provide for cease and desist orders; to provide for fines for violations of such orders; to provide that the issuance of such orders shall not prevent the board from seeking other remedies; to provide for civil penalties for violation of the chapter; 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 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plmnbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraphs (13) and (17) of Code Section 43-14-2, relating to definitions, and inserting in lieu thereof new paragraphs (13) and (17) to read as follows:
(13) 'Utility contracting' means undertaking to construct, erect, alter, or repair or have constructed, erected, altered, or repaired any utility system. '( 17) 'Utility system' means:
(A) Any system at least five feet underground, when installed or accessed by trenching, open cut, cut and cover, or other similar construction methods which install or access the system from the ground surface, including, but

GEORGIA LAWS 2004 SESSION

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not limited to, gas distribution systems, electrical distribution systems, communication systems, water supply systems, and sanitary sewerage and drainage systems; and (B) Reserviors and filtration plants, water and waste-water treatment plants, leachate collection and treatment systems associated with landfills, and pump stations, when the system distributes or collects a service, product, or commodity for which a fee or price is paid for said service, product, or commodity or for the disposal of said service, product, or commodity.'

SECTION2. Said chapter is further amended by adding a new paragraph (4.1) to Code Section 43-14-5, relating to general powers of the State Construction Industry Licensing Board, to read as follows:
'(4.1) Upon notice and hearing authorized and conducted in accordance with Code Section 43-14-10 and any rules and regulations promulgated by the board, either by the board directly or through a valid delegation of the board's enforcement power to a division thereof, assess civil penalties in an amount up to $10,000.00 per violation against any person found to be in violation of any requirement ofthis chapter;".

SECTION3. Said chapter is further amended by striking subsections (b) and (h) of Code Section 4314-8.2, relating to utility contractor licenses and utility managers, and inserting ill lieu thereofnew subsections (b) and (h) to read as follows:
'(b)( I) After June3 0, 1994, no sole proprietorship, partnership, or corporation shall have the right to engage in the business of utility contracting unless such business holds a utility contractor license and there is regularly connected with such business a person or persons who holds a valid utility manager certificate issued under this chapter. Such utility manager must be actually engaged in the performance of such business on a full-time basis and oversee the utility contracting work of all employees of the business. In cases where a sole proprietorship, partnership, or corporation has more than one permanent office, then each permanent office shall be registered with the division and at least one person who holds a valid utility manager certificate issued under this chapter shall be stationed in each office on a full-time basis and shall oversee the utility contracting work of all employees ofthat office. (2) The requirements ofthis Code section shall not prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to this chapter, from performing any work defined in the Code section or sections under the license held by said person was issued." '(h) It shall be unlawful for any person to contract with any other person for the .performance of utility contracting work who is known by such person not to have a current, valid license as a utility contractor pursuant to this chapter."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION4. Said chapter is further amended by striking subsection (b) of Code Section 43-14-8.3, relating to utility manager certificates, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Persons wishing to qualify for utility manager certification shall submit a completed application form documenting required experience and other qualifications as prescribed by the board with the required fees and shall pass an examination. In order to obtain a utility manager certificate, an applicant must submit proof of completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must present proof to the division of completion of a safety training course approved by the division at least every two years from the date ofthe completion ofthe initial safety training course.'

SECTIONS. Said chapter is further amended by striking subsection (b) of Code Section 43-14-8.4, relating to utility foreman certificates, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The division shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of safety training in utility contracting approved by the division. In order to continue to hold such certificate, the certificate holder must submit proof to the division of completion of a safety training course approved by the division at least every two years from the date of the completion of the initial safety training course. In lieu of safety training any person desiring to be issued a utility foreman certificate may submit a completed application on or before December 31, 1994, which documents to the satisfaction of the division at least two years of experience as a utility foreman during the period between January 1, 1984, and June 30, 1994. Any person who does not submit a completed application for certification on or before December 31, 1994, must complete the required safety training in order to be certified.

SECTION6. Said chapter is further amended by adding a new Code Section 43-14-12.2 to read as follows:
'43-14-12.2. (a) If a person is in violation ofCode Section 43-14-8.2, 43-14-8.3, or 43-14-8.4, it shall not be necessary for an investigator to observe or witness the unlicensed person engaged illegally in the process of work or to show work in progress or work completed in order to prove the unlawful practice of utility contracting by an unlicensed person.

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(b) It shall be prima-facie evidence of a violation of this chapter if any person not licensed as a utility contractor advertises that such person is in the business or profession of a utility contractor or advertises in a manner such that the general public would believe that such person is a licensed utility contractor or in the business or profession of a utility contractor. Advertising under this subsection inCludes, but is not limited to, newspaper, television, or radio advertisements, telephone directory listings, mailings, business cards, or a sign or signs at a place ofbusiness or attached to a vehicle. (c) Notwithstanding the provisions of Code Section 43-1-20.1, after notice and bearing, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the business or profession of a utility contractor without a license as required under this chapter or by constructing, erecting, altering, or repairing a utility system without a properly certified utility manager or properly certified utility foreman present at such job
site. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $5,000.00 for each violation thereof Each day that a person practices in violation ofthis Code section and chapter or constructs, erects, alters, or repairs a utility system without a properly certified utility manager or properly certified utility foreman present at such job site shall constitute a separate violation. (e) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions ofthis Code section."

SECTION7. This Act shall become effective on July I, 2004.

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

Approved May 13,2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

PROPERTY- PHYSICIAN TREATMENT LIENS ON INJURY
CAUSES OF ACTION.

No. 486 (House Bill No. 1303).

AN ACT

To amend Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes, so as to allow a physician practice to have a lien on a cause of action accruing to an injured person for the costs of care and treatment arising out of the cause of action; to define a term; to change certain provisions regarding notice; to provide for related mattm relative to filing a lien; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals and nursing homes, is amended by striking Code Section 44-14-470, relating to lien on causes of action accruing to injured person for costs of care and treatment of injuries arising out of such causes of action, and inserting in its place the following:
'44-14-470. (a) Except where the context otherwise requires in subsection (b) of this Code section, as used in this part, the term:
(1) 'Hospital' means any hospital or nursing home subject to regulation and
licensure by the Department of Human Resources. (2) 'Hospital care, treatment, or services' means care, treatment, or services furnished by a hospital or nursing home. (3) 'Nursing home' means any intermediate care home, skilled nursing home, or intermingled home. (4) 'Physician practice' means any medical practice that includes one or more physicians licensed to practice medicine in this state. (5) 'Traumatic burn care medical practice' means care, treatment, or services.
rendered by a medical practice with respect to a patient whose burn care, treatment, or services resulted in charges in excess of $50,000.00, arising out of a single accident or occurrence. (b) Any person, firm, hospital authority, or corporation operating a hospital. nursing home, or physician practice or providing traumatic burn care medical practice in this state shall have a lien for the reasonable charges for hospital,
nursing home, physician practice, or traumatic burn care medical practice caro
and treatment of an injured person, which lien shall be upon any and all causes of action accruing to the person to whom the care was furnished or to the legal representative of such person on account of injuries giving rise to the causes of
action and which necessitated the hospital, nursing home, physician practice, or

GEORGIA lAWS 2004 SESSION

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provider of trawnatic bum care medical practice care, subject, however, to any attorney's lien. The lien provided for in this subsection is only a lien against such
causes of action and shall not be a lien against such injured person, such legal
representative, or any other property or assets of such persons and shall not be . evidence of such person s failure to pay a debt. This subsection shall not be construed to interfere with the exemption from this part provided by Code
section 44-14-474:

SECTION2. Said part is further amended in Code Section 44-14-471, relating to the perfection
of hospital, nursing home, and trawnatic burn care medical practice liens, is
amwded by striking subsection (a) and inserting in its place the following: (a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of the hospital, nursing home, physician practice, or provider of traumatic bum care medical practice: (1) Shall, not less than 30 days prior to the date of filing the statement required under paragraph (2) of this subsection, provide written notice to the patient and, to the best of the claimant's knowledge, the persons, firms, corporations, and their insurers claimed by the injured person or the legal representative of the injured person to be liable for damages arising from the injuries and shall include in such notice a statement that the lien is not a lien against the patient or any other property or assets ofthe patient and is not evidence ofthe patient's failure to pay a debt. Such notice shall be sent to all such persons and entities by first-class and certified mail or statutory overnight delivery, return receipt requested; and (2) Shall file, no sooner than 30 days after the date of the written notice provided for in this Code section, in the office of the clerk of the superior court of the county in which the hospital, nursing home, physician practice, or provider of trawnatic bum care medical practice is located and in the county wherein the patient resides, if a resident of this state, a verified statement setting forth the name and address of the patient as it appears on the records of the hospital, nursing home, physician practice, or provider of trawnatic bum care medical practice; the name and location of the hospital, nursing home, physician practice, or provider of trawnatic bum care medical practice and the name and address ofthe operator thereof; the dates of admission and discharge of the patient therefrom or with respect to a physician practice, the dates of treatment; and the amount claimed to be due for the hospital, nursing home, physician practice, or provider oftrawnatic bum care medical practice care."

SECTION3. Said part is further amended by striking Code Section 44-14-472, relating to the
dbties of the clerk of the superior court with respect to liens of hospital, nursing
hrime, and trawnatic bum care medical practice liens, and inserting in its place the
mDowing:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'44-14-472. The clerk of the superior court shall endorse the date and hour of filing on the statement filed pursuant to Code Section 44-14-471; and, at the expense of the county, the clerk shall provide a lien book with a proper index in which the clerk shall enter the date and hour of the filing; the names and addresses of the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice, the operators thereof, and the patient; and the amount claimed Notwithstanding the provisions in Code Section 44-2-2, a lien provided fur in Code Section 44-14-470 shall be filed in a separate docket from and shall not be commingled with judgment liens, materialmen s liens, mechanics liens, tax liens, lis pendens notices, or any other liens that attach to the person or property of an individual. The information shall be recorded in the name of the patient. The clerk shall receive a fee as required by subparagraph (f)(l)(A) of Code Section 15-6-77 as his or her fee for such filing.

SECTION4. Said part is further amended by striking Code Section 44-14-473, relating to the effect of a covenant not to bring an action, actions to enforce liens, and affidavits ofpayment, and inserting in its place the following:
'44-14-473. (a) No release ofthe cause or causes of action or of any judgment thereon or any covenant not to bring an action thereon shall be valid or effectual against the lien created by Code Section 44-14-470 unless the holder thereof shall join therein or execute a release ofthe lien; and the claimant or assignee of the lien may enfurce the lien by an action against the person, finn, or corporation liable for the damages or such person, firm, or corporation s insurer. If the claimant prevails in the action, the court may allow reasonable attorney s fees. The action shall be commenced against the person liable for the damages or such person s insure:~' within one year after the date the liability is finally determined by a settlement, by a release, by a covenant not to bring an action, or by the judgment of a court ofcompetent jurisdiction. (b) No release or covenant not to bring an action which is made before or afta' the patient was discharged from the hospital, nursing home, physician practice, or provider of traumatic burn care medical practice shall be effective against the lien perfected in due time as provided in subsection (a) of this Code section, regardless of whether the release, covenant not to bring an action, or settlement was made prior to the time of the filing of the lien as specified in Code Sections 44-14-470 and 44-14-471; provided, however, that any person, firm, or corporation which consummates a settlement, release, or covenant not to bring an action with the person to whom hospital, nursing home, physician practice, or traumatic burn care medical practice care, treatment, or services were furnished and which first procures therefrom an affidavit as prescribed in subsection (c) of
this Code section shall not be bound or otherwise affected by the lien except as
provided in subsection (c) ofthis Code section, regardless ofwhen the settlement. release, or covenant not to bring an action was consummated.

GEORGIA IAWS 2004 SESSION

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(c) The affidavit shall affirm: (I) That all hospital, nursing home, physician practice, or provider of trawnatic burn care medical practice bills incurred for treatment fur the injuries for which a settlement is made have been fully paid; and (2) The coWlty ofresidence of such affiant, if a resident ofthis state;
provided, however, that the person taking the affidavit shall not be protected thereby where the affidavit alleges the coWlty of the affiant's residence and the lim ofthe claimant is at such time on file in the office of the clerk of the superior court ofthe COWlty and is recorded in the name of the patient as it appears in the affidavit.'
SECTIONS. Said part is further amended by striking Code Section 44-14-475, relating to the effect of this part on settlement before entry into a hospital, nursing home, or traumatic burn care medical facility, and inserting in its place the following:
"44-14-47 5. No settlement or release entered into or executed prior to the entry of the ~jured party into the hospital, nursing home, physician practice, or facility which provides trawnatic burn care medical practice shall be affected by or subject to the terms ofthis part:

SECTION6. Said part is further amended by striking Code Section 44-14-476, relating to independent rights of action of a hospital, nursing home, or traumatic burn care medical facility, and inserting in its place the following:
"44-14-476. This part shall not be construed to give any hospital, nursing home, physician practice, or provider of trawnatic burn care medical practice referred to in this part an independent right of action to determine liability for injuries sustained by a person or firm:

SECTION7. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

398

GENERAL ACTS AND RESOLUTIONS, VOL. I

PROFESSIONS -REAL ESTATE CLOSING; UCENSEE OF BROKER.

No. 487 (House Bill No. 1311 ).

AN ACT

To amend Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and oofair trade practices, so as to remove and reserve a provision allowing the conducting of a real estate closing by a licensee; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Code Section 43-40-25 of the Official Code of Georgia Annotated, relating to violations of provisions relating to licensure of real estate brokers, associate brokers, and salespersons and oofair trade practices, is amended by striking paragraph (29) ofsubsection (b) and inserting in lieu thereofthe following:
"(29) Reserved;".

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

LOCAL GOVERNMENTANNEXATION PRIOR APPROVAL; REPEAL POPUlATION ACT UMITATION.
No. 488 {House Bill No. 1321 ).
AN ACT
To amend Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, so as to repeal a requirement that mooicipalities may not annex in coooties with populations between 625,000 and

GEORGIA IAWS 2004 SESSION

399

725,000 except upon the approval of the county governing authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to limitations on annexation, is amended by striking in its entirety Code section 36-36-70, relating to annexation procedures in counties with certain population, and inserting in lieu thereofthe following:
'36-36-70. Reserved:

SECTION2. 'Ibis Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

COURTS- ADOPTION PETITIONS; REVIEW UMITS.
No. 489 (House Bill No. 1322).
AN ACT
To amend Code Section 15-11-103 of the Official Code of Georgia Annotated, relating to the placement of a child following a termination order, custodial authority, and review ofplacement, so as to change the time limit requirements for the review of an adoption petition; 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 15-11-103, relating to the placement of a child following a tamination order, custodial authority, and review of placement, is amended by Slriking subsection (e) and inserting in lieu thereofthe following:
'(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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the child is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter as long as the child remains unadopted, review the circwnstances 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 ofthe child's person pursuant to paragraph (3) of subsection (a) ofthis Code section, the guardian shall report to the court. in the same matmer and at the same frequency as is required for guardians ofthe person ofminors appointed by the judge of the probate court. In those cases where the child was placoo pursuant to paragraph (5) of subsection (a) of this Code section, the court shall, at least every six months thereafter as long as the child remains subject to the jurisdiction of the court, review the circwnstances of the child to determine that placement in the fatnily home-like setting continues to be in the child's best interests.
SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

CONSERVATION- COASTAL MARSHLANDS PROTECTION COMMITTEE;
MEMBERSHIP.
No. 490 (House Bill No. 1382).
AN ACT
To amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to change the membership of the Shore Protection Committee; to change the membership of the Coastal Marshlands Protection Committee; to provide for quorwns of such committees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated. relating to coastal waters, beaches, and sand dunes, is amended by striking subsection (a) of Code Section 12-5-235, relating to the Shore Protection Committee, and inserting in lieu thereofthe following:

GEORGIA LAWS 2004 SESSION

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'(a) There is created the Shore Protection Committee within the department. The committee shall be composed of five members, including the commissioner of natural resources and four people selected by the board. Each of three persons selected by the board shall be a resident of Camden, Glynn, Mcintosh, Liberty, Bryan, or Chatham County. Three members of the committee shall constitute a quorum. The members of the committee shall be entitled to and shall be reimbursed from moneys appropriated to the department for their expenses, such as mileage and per diem, as set by the board.'

SECTION2. Said article is further amended by striking subsection (a) ofCode Section 12-5-283, re(ating to the Coastal Marshlands Protection Committee and its members and powers, per diems and expenses, administrative hearings and review, and permits fi>r minor alterations, and inserting in lieu thereof the following:
'(a) There is created the Coastal Marshlands Protection Committee to be composed of five members. The commissioner of natural resources and four persons selected by the board shall be the members of this committee. Each of three persons selected by tl1e board shall be a resident of Camden, Glynn, Mcintosh, Liberty, Bryan, or Chatham County. Three members of the committee
shall constitute a quorUDl. The committee shall issue all orders and shall grant,
deny, revoke, and amend all permits and leases provided for by this part. The members of the committee shall be entitled to reimbursement of actual expenses
and mileage together with a per diem as set by the board to be paid out of fi.mds
appropriated for use by the department."

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

RATIFY REGIONAL DEVELOPMENT CENTER BOUNDARIES.
No. 491 (House Resolution No. 1402).
A RESOLUTION
Ratifying a 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 o{ Community Affairs to determine and establish, from time to time, the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 ofthe General Assembly; and

WHEREAS, the Board of Community Affairs has adopted procedures governing
regional development center bow1dary changes and these procedures provide that
the board may change regional development center boundaries as it deems appropriate; and

WHEREAS, the Board of Commooity Affairs by resolution adopted February 4, 2004, transferred the Coooty of Screven from the Central Savannah River Regional Development Center to the Coastal Georgia Regional Development Center, pending ratification by the General Assembly; 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 rati:fY 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 Coooty of Screven from the Central Savannah River Regional Development Center to the Coastal Georgia Regional Development Center 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 booodaries.

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 13, 2004.

GEORGIA lAWS 2004 SESSION

403

REVENUE- ICE FOR CERTAIN POULTRY AND VEGETABLES;
SALES TAX EXEMPTION.

No. 492 (House Bill No. 1409).

AN ACT

To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating
co exemptions from sales and use tax, so as to provide for an exemption with
respect to ice; to provide for conditions and limitations; to provide an effective date;
co 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 81emptions from sales and use tax, is amended by striking "or" at the end of paragraph (76); by striking the period at the end of paragraph (77) and inserting in its place "; or"; and by adding a new paragraph immediately following paragraph (77), to be designated paragraph (78), to read as follows:
'(78) The sale or use of ice for chilling poultry or vegetables in processing for market and for chilling poultry or vegetables in storage rooms, compartments, or delivery trucks:

SECTION2. 1'bis Act shall become effective July 1, 2004.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

REVENUE-LOCALGOVERNMENT-HOTEL MOTEL TAX; COMPLIANCE AUDITS; PERFORMANCE REVIEW BOARD.
No. 493 (House Bill No. 1415).
AN ACT
to amend Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, so

404

GENERAL ACTS AND RESOLUTIONS, VOL. I

as to change certain provisions regarding compliance audits regarding such tax; to change certain provisions regarding conditions of continuing authorization to impose such tax; to provide for a performance review board; to provide for appointment, powers, duties, authority and termination of the board; to provide for powers, duties, and authority of the state revenue commissioner, the commissioner of community affairs, and the Department of Community Affairs; to amend Code Section 36-81-8 of the Official Code of Georgia Annotated, relating to annual local government finance reports, so as to provide for additional reporting requirements for any unit oflocal government which levies a tax pursuant to Article 3 ofChapter 13 of Title 48; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to the excise tax on rooms, lodgings, and accommodations, is amended by striking subparagraph (a)(9)(B) ofCode Section 48-13-51, relating to compliance audits regarding the excise tax on rooms, lodgings, and accommodations, and inserting in its place a new subparagraph (a)(9)(B) to read as follows:
'(B)(i) The determination as to whether a county or municipality has complied with the expenditure requirements of paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) ofthis subsection shall be made for each fiscal year beginning on or after July 1, 1987, as of the end of each fiscal year, shall be prominently reflected in the audit required under Code Section 36-81-7, and shall disclose:
(I) The amount of funds expended or contractually committed fur expenditure as provided in paragraph (2), (2.1 ), (3), (3 .I), (3 .2), (3 .3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection, whichever is applicable, during the fiscal year; (II) The amount of tax receipts under this Code section during such fiscal year; and (III) Expenditures as a percentage of tax receipts. (ii) A county or municipality contractually expending funds to meet the expenditure requirements of paragraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (3.7), (4), (4.1), (4.2), (4.3), (4.4), (4.5), (4.6), (4.7), (5), (5.1), or (5.2) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. If the audit required by Code Section 36-81-7 identifies noncompliance with the applicable expenditure requiren1ents of this Code section, such noncompliance shall be reported in accordance with paragraph (2) of subsection (c) of Code Section 36-81-7. The state auditor shall report all instances of noncompliance with this subparagraph noted in the audit report to the

GEORGIA LAWS 2004 SESSION

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Department of Community Affairs upon completion of the report review required by paragraph (2) ofsubsection (d) ofCode Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local government or the local government's auditor pertaining to noncompliance with this subparagraph to the Department of Revenue. The Department of Community Affairs shall submit a copy of such documents to the performance review board.
SECTION2. Said article is further amended by striking Code Section 48-13-56, relating to conditions of continuing authorization to impose the excise tax on rooms, lodgings,
and accommodations, and inserting in its place a new Code Section 48-13-56 to read as follows:
'48-13-56. Each county or municipality imposing a tax as authorized by this article shall, as a condition of continuing authorization to impose the tax, annually file with the Department of Community Affairs a report specifYing the rate of taxation and .amounts collected and expended pursuant to this article. Such report shall include the schedules specified under subparagraph (b)( 1)(B) of Code Section 36-81-8 and shall be filed in such form and at such times as may be specified by rule ofthe Department ofCommunity Affairs.

SECTION3. Said article is further amended by adding a new Code section immediately tbUowing Code Section 48-13-56, to be designated Code Section 48-13-56.1, to
read as follows:
''48-13-56.1. (a)(1) There is created the Hotel Motel Tax Performance Review Board which shall consist of 11 members. (2) The commissioner of community affairs shall appoint five persons to serve as members of the performance review board as follows: (A) A designee of the commissioner; (B) A representative of the private sector tourism industry; (C) A representative ofmunicipal government; (D) A representative of county government; and (E) A representative of a tourism marketing organization. (3) The Governor shall appoint one member ofthe board. (4) The Speaker ofthe House of Representatives shall appoint one member of the board. (5) The President Pro Tempore ofthe Senate shall appoint one member of the board. (6) The state auditor shall appoint one member ofthe board. (7) The commissioner of industry, trade, and tourism shall appoint one member ofthe board. (8) The commissioner ofrevenue shall appoint one member ofthe board.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b)( 1) The initial members of the board shall be appointed not later than August 1, 2004. The member of the board who is appointed undtr subparagraph (a)(2)(A) of this Code section shall serve for a term of office of five years. Members of the board who are appointed under subparagraphs (a)(2)(B), (a)(2)(C), (a)(2)(D), and (a)(2)(E) ofthis Code section shall serve for terms of office of three years each. Members of the board who are appointed under paragraphs (3), (4), and (5) of subsection (a) of this Code section shall serve for terms of three years each. Members of the board who are appointed under paragraphs (6), (7), and (8) of subsection (a) of this Code section shall serve for terms of office of five years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are appointed and qualified. Members of the board may be reappointed to the board upon the expiration of their terms of office if they otherwise continue to meet the qualifications for such office. (2) If a vacancy occurs in the membership of the board, the appropriate appointing entity shall appoint a successor for the remainder of the unexpired term and until a successor is appointed and qualified. (c) It shall be the duty of the performance review board to make a thorough and complete investigation of any complaint with respect to all actions of a county, municipality, or any other entity regarding its expenditure of funds received from a tax under this article and such county's, municipality's, or other entity's compliance with state law and regulations. Complaints may be received from taxpayers, local governments, innkeepers, or private sector nonprofit organizations. All complaints shall be received by the department by June 1 in order to be heard the following year. The performance review board shall melt annually from September 1 through December 1. The department shall send a notice to all interested parties of the meeting place and time. The performance review board shall issue a written report of its findings which shall include such evaluations, judgments, and recommendations as it deems appropriate. (d) The findings of the report of the review board under subsection (c) of this Code section shall be transmitted to the commissioner of community affairs within 60 calendar days of hearing the complaint. The commissioner of community affairs shall have 30 calendar days to review the findings of the performance review board. If the commissioner of community affairs determines that remedial action is necessary, the subject of the complaint shall be issued a notice by certified mail, return receipt requested, or statutory overnight deliver)' and shall be given a period of 90 calendar days to take the necessary remedial action with respect to such findings. In the event that such remedial action does not occur within the specified period, the commissioner of community affairs shall innnediately notify the state revenue commissioner, and the state revenue commissioner shall be authorized to take appropriate action to enforce compliance with such remedial action, up to and including termination ofthe taJt.
(e) The commissioner of community affairs shall promulgate such rules and
regulations as may be necessary for the administration ofthis Code section.'

GEORGIA lAWS 2004 SESSION

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SECTION4.
Code Section 36-81-8 ofthe Official Code ofGeorgia Annotated, relating to annual
local government finance reports, is amended by striking subsection (b) and inSerting in its place a new subsection (b) to read as follows:
'(b)(l)(A) Each unit of local government shall submit an annual report of local government finances to the Department of Community Affairs. The report shall include the revenues, expenditures, assets, and debts of all funds and agencies of the local government, and other such information as may be reasonably requested by the department. (B) Each unit of local government which levies a tax pursuant to Article 3 of Chapter 13 of Title 48 shall also submit a schedule of all revenues therefrom which are expended for the promotion of tourism, conventions, and trade shows or any other tourism related purpose which is specified under Code Section 48-13-51. Such schedule shall identify both the project or projects involved and the contracted entity involved in each such expenditure. (2) Each local independent authority shall submit an annual report of indebtedness to the Department of Community Affairs. Such report shall include the revenues, expenditures, assets, and debts of all funds of the local independent authority and shall describe any actions taken by such local independent authority to incur indebtedness. (3) The local government finances report and the local independent authority indebtedness report shall be filed on forms promulgated by the department and shall be submitted within the requested time periods established by the department."

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

Approved May 13, 2004.

CIVIL PRACTICE- JUDGMENT EXECUTIONS; CANCELlATION
METHODS.
No. 494 (House Bill No. 1431 ).
AN ACT
To amend Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, so as to provide specific deadlines and remedies for cancellation of record of fully satisfied judgment executions; to provide for attorney s fees; to provide alternative

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GENERAL ACTS AND RESOLUTIONS, VOL. I

methods to cancel fully satisfied judgments; to provide for an attorney affidavit; 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. Code Section 9-13-80 of the Official Code of Georgia Annotated, relating to executions being cancelled when satisfied and private rights of action, is amended by striking the Code section and inserting in lieu thereofthe following:
"9-13-80. (a) Upon the satisfaction of the entire debt upon which an execution has been issued, the plaintiffin execution or his or her attorney shall timely direct the clerk to cancel the execution and mark the judgment satisfied. Such direction shall be delivered to the clerk not later than 30 days following the date upon which the execution was fully satisfied.
(b)( 1) A private right of action shall be granted to a judgment debtor upon the failure of such plaintiff or counsel to comply with the provisions of subsection (a) ofthis Code section. (2) Failure to direct cancellation and satisfaction within 60 days after satisfaction of the entire debt shall be prima-facie evidence ofuntimeliness. (3) Recovery may be had by way of motion in the action precipitating the judgment and execution or by separate action in any court of competent jurisdiction. (4) Damages shall be presumed in the amount of$100.00 and the court may award reasonable attorney s fees. Actual damages may be recovered, but in no event shall recovery exceed $500.00; provided, however, the court may also award reasonable attorney s fees. (c) In order to authorize the clerk of superior court to make an entry of satisfaction with respect to an execution on the general execution docket, there shall be presented for filing on the general execution docket: (1) A satisfaction upon the original execution or alias execution itself; (2) A satisfaction as provided in subsection (d) ofthis Code section; or (3) A satisfaction as provided in subsection (e) ofthis Code section. Any clerk of superior court who cancels of record any execution in the manner authorized in this subsection shall be innnune from any civil liability, either in such clerk's official capacity or personally, for so canceling of record such security deed. (d) Proof of satisfaction of an execution, the original of which has been lost. stolen, or otherwise mislaid, may be made based upon an affidavit executed by

GEORGIA LAWS 2004 SESSION

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the plaintiff in execution or owner or holder of record of such execution and who

so swears in such affidavit, which affidavit shall be recorded in the execution

docket and shall be in the following form: _ _ _ County, Georgia

Affidavit for Satisfaction of Execution

The original execution having been lost or destroyed and the indebtedness,

penalties, and interest referred to in that certain writ of fi. fa. styled

- - - - - v.

, dated

, and of record in

General Execution Docket Book ___, Page ___, in the office of the

clerk of the Superior Court of

County, Georgia, having been

satisfied in full and the m1dersigned being the present owner of such writ of fi.

fa. by virtue of being the plaintiff in fi. fa. or the heir, assign, transferee, or

devisee of the original plaintiff in fi. fa., the clerk of such superior court is

authorized and directed to make an entry of satisfaction with respect to such

writ of fi. fa.

In witness whereof, the undersigned has set his or her hand and seal, this

_dayof

, __.

Signed, sealed, and delivered on the date above shown

_ _ _ _ _(SEAL) Signature

Notary Public

_ _ _ _ _ _ (SEAL)
My commission expires: - - = - - - - - -
(e) In the event that a plaintiff in execution or any person that owns or holds an execution has failed to properly transmit a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the execution of record within 60 days after a written notice mailed to such plaintiff in execution or owner or holder of record by registered or certified mail or statutory overnight delivery, return receipt requested, the clerk or clerks are authorized and directed 'to cancel the execution upon recording an affidavit by the attorney for the judgment debtor against whom the extx.-ution was issued or any attorney who has caused the indebtedness and other obligations under the execution to be paid in full or any attorney who has actual knowledge that the indebtedness has been paid in full. The notice shall be mailed to the plaintiff in execution or owner or holder of record, shall identity the execution, and shall include a recital or explanation of this subsection. The affidavit shall include a recital of actions

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taken to comply with this subsection. Such affidavit shall include as attachments the following items:
(I) A written verification which was given at the time of payment by the plaintiff in execution or owner or holder of record of the amount necessary to pay offsuch obligations; and (2) Any one ofthe following:
(A) Copies of the front and back of a canceled check to the plaintiff in execution or owner or holder of record showing payment of such obligations; (B) Confirmation of a wire transfer to the owner or holder of record showing payment ofsuch obligations; or (C) A bank receipt showing payment to the plaintiff in execution or owner or holder ofrecord ofsuch obligations. (t) Any person who files an affidavit .in accordance with subsection (d) or (e) of
this Code section which affidavit is fraudulent shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than three
years or by a fine ofnot less than $1,000.00 nor more than $5,000.00, or both:

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

REVENUE- STATE GOVERNMENTSTATE AND LOCAL TAX REVISION ACT OF 2004.
No. 495 (House Bill No. 1437).
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 2004; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate certain provisions of federal law into Georgia law; to provide fur applicability; to change certain provisions regarding fees and penalties with respect to returned checks or money orders; to increase the penalty for filing of returns which are frivolous or desire to impede the administration of state income tax laws; to change the requirements with respect to liability on a joint income tax return; to provide for additional limitations regardin8 the low income tax credit; to provide for the Streamlined Sales and Use Tal Agreement; to provide for a short title; to provide for powers, duties, and authority of the state revenue commissioner and Department of Revenue with respect to such

GEORGIA LAWS 2004 SESSION

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agreement; to provide for procedures, conditions, and limitations; to amend Title SO ofthe Official Code of Georgia Annotated, relating to state government, so as to provide that public disclosure shall not be required for records that would reveal the home address or telephone number, social security number, or insurance or JDedical information of employees of the Department of Revenue; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
llbis Act shall be known and may be cited as the "State and Local Tax Revision Act
of2004."

SECTION2. Tide 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, 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, 2004, the provisions of the United States Internal Revenue Code of 1986 provided for in federal law enacted on or befure January 1, 2004, except Section 168(k) and Section 1400L of the Internal Revenue Code of 1986 shall be treated as if they were not in effect and Section 179(b) of the Internal Revenue Code of 1986 shall be treated as it was in effect before the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (Public Law 108-27). 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, 2004, 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, 2004, provisions of the Internal Revenue Code of 1986 which were as ofJanuary 1, 2004, 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."

SECTION3. Said title is further amended by striking paragraph (1) of subsection (e) of Code Section 48-2-32, relating to forms of payment, and inserting in its place a new paragraph (1) to read as follows:
'(e)(1) On and after July 1, 2004, if any check or money order tendered to the commissioner in payment of any tax or license fee is not duly paid when presented to the drawee or issuer for payment, there shall be paid by the person who tendered the check or money order upon notice and demand of the

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commissioner or his delegate, in the same manner as tax, a penalty in an amount equal to 2 percent of the amount of the check or money order, unless the amom1t of the check or money order is less than $1,250.00, in which case the penalty under this Code section shall be $25.00. This penalty shall be in addition to any other penalties provided by law."
SECTION4. Said title is further amended by striking paragraph (5) of subsection (f) of Code Section 48-2-32, relating to forms of payment, and inserting in its place a new paragraph (5) to read as follows:
(5) A penalty of 10 percent of the amount due shall be added to any payment which is made in other than inlmediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency."
SECTIONS. Said title is further amended by striking subsection (a) of Code Section 48-7-57.h relating to filing of returns which are frivolous or desire to impede the administration of state income tax laws, and inserting in its place a new subsection (a) to read as follows:
'(a) A penalty of $1,000.00 may be assessed against any individual who files what purports to be a return ofthe tax imposed by Article 2 ofthis chapter if
( 1) The purported return: (A) Does not contain information on which the substantial correctness ofthe amount oftax shown to be due may be judged; or (B) Contains information that on its face indicates that the amount of taX shown to be due is substantially incorrect; and
(2) The conduct described in paragraph (1) ofthis subsection is due to: (A) A position which is frivolous; or (B) A desire which appears on the purported return to delay or impede the administration of state income tax laws.
SECTION6. Said title is further amended by striking paragraph (1) of subsection (g) of Code
Section 48-7-86, relating to relieving individuals of liability on joint returns, and
inserting in its place a new paragraph (I) to read as follows: "(g)(l) Notwithstanding any other provision of this Code section to the contrary, if: (A)(i) A joint return has been made for a taxable year; (ii) On such return there is an understatement of tax attributable t:O erroneous items of one individual filing the joint return; (iii) The other individual filing the joint return establishes fuat in signinl the return he or she did not know, and had no reason to know, that thd'O was such understatement; and

GEORGIA IAWS 2004 SESSION

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(iv) Taking into account all the facts and circlUllstances, it is inequitable to hold the other individual liable for the deficiency in tax for such taxable year attributable to such understatement; or (B) The other individual has made the proper election pursuant to Section 6015 ofthe Internal Revenue Code, if applicable then the other individual shall be relieved ofliability for tax, including interest, penalties, and other amounts, for such taxable year to the extent such liability is attributable to such understatement, if such other individual has been relieved of liability for federal income taxes pursuant to Section 6015 of the Internal Revenue Code, if applicable:

SECTION7.
said title is further amended in Code Section 48-7A-3, relating to the low income
taX credit, by adding a new subsection immediately following subsection (e), to be
designated subsection (e.1 ), to read as follows: (e.1 ) Any individual incarcerated or confined in any city, county, municipal,
state, or federal penal or correctional institution for all or any part of a taxable year shall not be entitled to claim a credit under this Code section for that taxable
year:

SECTIONS.
Said title is further amended by adding a new article at the end of Chapter 8,
relating to sales and use taxes, to be designated Article 4, to read as follows:

'ARTICLE 4 48-8-160. This article shall be known and may be cited as the 'Uniform Sales and Use Tax Administration Act.'

48-8-161. As used in this article, the term:
(1) 'Agreement' means the Streamlined Sales and Use Tax Agreement. (2) 'Certified automated system' means software certified jointly by the states that are signatories to the agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record ofthe transaction. (3) 'Certified service provider' mean..<> an agent certified jointly by the states that are signatories to the agreement to perform all of the seller s sales tax fimctions. (4) 'Person' means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity. (5) 'Sales tax' means the taxes levied under this chapter. (6) 'Seller' means any person making sales, leases, or rentals of personal property or services.

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(7) 'State' means any state of the United States and the District ofCohunbia. (8) 'Use tax' means the taxes levied m1der this chapter.

48-8-162. The department is authorized to enter into the Streanliined Sales and Use Tax Agreement with one or more states to simplifY and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. In furtherance of the agreement, the department is authorized to act jointly with other states that are members of the agreement to establish standards for certification of a certified service provider and certified automated systen1 and establish performance standards for multistate sellers. The department is further authorized to take other actions reasonably required to implement the provisions set forth in this article. Other actions authorized by this Code section include, but are not linllted to, the adoption of rules and regulations and the joint procurement, with other member states, of goods and services in furtherance of the cooperative agreement. The department, or its designee, is authorized to represent this state before the other states that are signatories to the agreement.

48-8-163. No provision of the agreement authorized by this article in whole or part invalidates or amends any provision of the law of this state. Adoption of the agreement by this state does not amend or modifY any law of this state. Implementation of any condition of the agreement in this state, whether adopted before, at, or after membership of this state in the agreement, must be by the action ofthis state.

48-8-164. The agreement authorized by this article is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The
agreement provides a mechanism among the member states to establish and
maintain a cooperative, simplified system for the application and administration of sales and use taxes under the duly adopted law of each member state.

48-8-165. (a) The agreement authorized by this article binds and inures only to the benefit
of this state and ilie oilier member states. No person, other than a member state. is an intended beneficiary of the agreement. Any benefit to a person other than
a state is established by the law of this state and the oilier member states and not
by the terms of the agreement.
(b) Consistent with subsection (a) of this Code section, no person shall have anY
cause of action or defense under the agreement or by virtue of this state'S
approval of the agreement. No person may challenge, in any action brougbt
under any provision oflaw, any action or inaction by any department, agency, or

GEORGIA LAWS 2004 SESSION

415

other instrumentality of this state, or any political subdivision of this state on the ground that the action or inaction is inconsistent with the agreement. '(c) No law of this state, or the application thereof, may be declared invalid as to
any person or circumstance on the ground that the provision or application is
iJlCOnsistent with the agreement.

:48-8-166. (a) A certified service provider is the agent of a seller, with whom the certified service provider has contracted, for the collection and remittance of sales and use taXes. As the seller's agent, the certified service provider is liable for sales and
use tax due each member state on all sales transactions it processes for the seller
except as set out in this Code section. A seller that contracts with a certified service provider is not liable to the state for sales or use taxes due on transactions processed by the certified service provider unless the seller misrepresented the type of items it sells or committed fraud. In the absence of probable cause to believe that the seller has committed fraud or made a material misrepresentation, the seller is not su~ject to audit on the transactions processed by the certified service provider. A seller is subject to audit for transactions not processed by the certified service provider. The member states acting jointly may perform a system check of the seller and review the seller s procedures to determine if the certified service provider's system is fi.mctioning properly and the extent to which the seller's transactions are being processed by the certified service provider. (b) A person that provides a certified automated system is responsible for the proper fi.mctioning of that system and is liable to the state for underpayments of taXes attributable to errors in the fi.mctioning of the certified automated system. A seller that uses a certified automated system remains responsible and is liable to the state for reporting and remitting tax. (c) A seller that has a proprietary system for determining the amount oftaxes due 'on transactions and has signed an agreement establishing a performance standard fur that system is liable to the state for the failure of the system to meet the performance standard.'

SECTION9. Title 50 of the Official Code of Georgia Annotated, relating to access to state iJ)vernment, is amended by striking paragraph (13) of subsection (a) of Code Section 50-18-72, relating to when public disclosure is not required, and inserting in its place a new paragraph (13) to read as follows:
'(13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue, law enforcement officers, judges, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors or identification of inunediate family members or dependents thereof;'

416

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 10. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 2 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, 2004. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2004, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective fur federal tax purposes.

SECTION 11. All1aws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

REVENUE- INDEPENDENT CONTRACTOR; STATUS; FALSE DECLARATIONS.
No. 496 (House Bill No. 1444).
AN ACT
To amend Code Section 48-7-127 of the Official Code of Georgia Annotated. relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes; to provide for penalties for certain violations; to provide for related matters; to provide an effective date; to provide for repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to taX penalties, is amended by adding a new subsection (j) to read as follows:
"(j) False claims ofindependent contractor status. (1) It shall be unlawful for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independt211 contractor or falsely to claim that an individual employed by such person is all independent contractor in order to avoid or evade the withholding or payrnt211 oftaxes required under this title.

GEORGIA lAWS 2004 SESSION

417

(2) In addition to any other penalties provided by law, any person who violates paragraph (I) of this subsoction in connection with contracts with the state or any political subdivision thereof or any authority of the state or a political subdivision thereof, upon conviction, shall be subjoct to a fine t:XJ.ual to the total amount of tax owed for the first offense. For the socond offense, upon conviction, the person shall be subjoct to a fine t:XJ.Ual to two times the total amount of tax owed. For third and silbSt:XJ.Uetlt offenses, upon conviction, the person shall be subjoct to a fine t:XJ.ual to four times the total amount of tax owed. A violation ofparagraph (1) of this subsoction with regard to a contract with the state or any political subdivision thereof or any authority of the state or any political subdivision thereof shall constitute only one offense, regardless of the number of individuals improperly coerced, induced, or threatened to declare falsely to be independent contractors or falsely claimed to be independent contractors in connection with such contract.

SECTION2. 'Ibis Act shall bocome effoctive on July I, 2004.

SECTION3. 'Ibis Act shall stand repealed by operation oflaw on July I, 2014.

SECTION4.
All laws and parts oflaws in conflict with this Act are repealed.

~roved May 13,2004.

REVENUE- DISABLED VETERANS HOMESTEAD EXEMPTION;
VETERANS ORGANIZATIONS MOTOR VEHICLE EXEMPTIONS.
No. 497 (House Bill No. 1446).
AN ACT
To amend Chapter 5 of Title 48 ofthe Official Code of Georgia Annotated, relating te ad valoretn taxation of property, so as to change certain provisions regarding the
disabled veterans homestead exetnption; to provide for ad valoretn tax exetnption
h certain motor vehicles owned or leased by certain veterans organizations; to
fl'ovide for effective dates and applicability; to repeal conflicting laws; and for llher purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Chapter 5 of Title 8 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-48, relating to the disabled veterans homestead exemption, by striking subsections (b) and (c) and inserting in lieu thereofthe following:
"(b) Any disabled veteran as defined in any paragraph of subsection (a) of this Code section who is a citizen and resident of Georgia is granted an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended, on his or her homestead which such veteran owns and actually occupies as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 2004, the maximum amount which may be granted to a disabled veteran under the above-stated federal law is $50,000.00. The value of all property in excess of the exempted amount cited above shall remain subject to taxation. The unremarried surviving spouse or minor children of any such disabled veteran as defined in this Code section shall also be entitled to an exemption of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 ofTitle 38 of the United States Code, as amended, on the homestead so long as the unremarried surviving spouse or minor children continue actually to occupy the home as a residence and homestead, such exemption being from all ad valorem taxation for state, county, municipal, and school purposes. As of January 1, 2004, the maximum amount which may be granted to the unremarried surviving spouse or minor children of any such disabled veteran under the above-stated federal law is $50,000.00. The value of all property in excess of such exemption granted to such unremarried surviving spouse or minor children shall remain subject to taxation.
(c)(l) Any disabled veteran qualifYing pursuant to paragraph (1) or (2) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department of Veterans Affairs or the Department of Veterans Service stating the qualifYing disability. (2) Any disabled veteran qualifYing pursuant to paragraph (3) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a copy of his DD furm 214 (discharge papers from his military records) along with a letter frolll a doctor who is licensed to practice medicine in this state stating that he is disabled due to loss or loss of use ofboth lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair; due te blindness in both eyes, having only light perception, together with the loss (')[ loss ofuse of one lower extremity; or due to the loss or loss ofuse of one lowet
extremity together with residuals of organic disease or injury which so affect
the functions ofbalance or propulsion as to preclude locomotion withoutresolt to a wheelchair. Prior to approval of an exemption, a county board ~~: assessors may require the applicant to provide not more than two addiUO

GEORGIA lAWS 2004 SESSION

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doctors letters if the board is in doubt as to the applicant's eligibility for the exemption. (3) Any disabled veteran qualifying pursuant to paragraph (4) of subsection (a) of this Code section for the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from a doctor who is licensed to practice medicine in this state stating the qualifying disability. Prior to approval of an exemption, a county board of tax assessors may require the applicant to provide not more than two additional doctors letters ifthe board is in doubt as to the applicant's eligibility for the exemption. (4) Any disabled veteran qualifying pursuant to paragraph (5) of subsection (a) ofthis Code section tor the homestead exemption provided for in this Code section shall file with the tax commissioner or tax receiver a letter from the Department ofVeterans Affairs or the Department ofVeterans Service stating the eligibility for such housing assistance. n

SECTIONlA. Said chapter is further amended by adding a new Code section immediately fOllowing Code Section 48-5-478.2, to be designated Code Section 48-5-478.3, to
read as follows:
'48-5-478.3. (a) As used in this Code section, the term 'veterans organization' means any organization or association chartered by the Congress of the United States which is exempt from federal income taxes but only if such organization is a post or organization of past or present members of the armed forces of the United States organized in the State of Georgia with at least 75 percent of the members of which are past or present members of the armed forces of the United States, and where no part of the net earnings of which inures to the benefit of any private shareholder or individual. (b) A single motor vehicle owned by or leased to a veterans organization is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes."

SECTION lB. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 2004. (b) Section lA of this Act shall become effective on January I, 2005, and shall be applicable to all taxable years beginning on or after that date.

SECTION2. '-lllaws and parts oflaws in conflict with this Act are repealed.
~proved May 13, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

MIUTARY -JUDICIAL EMERGENCY ACT OF 2004.

No. 498 (House Bill No. 1450).

AN ACT

To amend Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to add certain provisions relating to judicial proceedings in the event of a natural disaster, civil disturbance, or other emergency situation that will interfere with a citizen's, litigant's, state official's, or other person s ability to comply with court deadlines; to provide for a short title; to provide for legislative findings; to provide for definitions; to provide for a judicial official's ability to declare an emergency Wider certain circumstances; to provide for factors to be included in a judicial emergency order; to provide for the duration of a judicial emergency order; to provide for the scope of a judicial emergency order; to provide for notice of a judicial emergency order; to provide for procedures for appealing a judicial emergency order; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Judicial Emergency Act of2004."

SECTION2. The General Assembly finds that the proper functioning of this state's judicial system is essential to the administration ofjustice. Further, the General Assembly finds that our courts are subject to being disrupted and the rights of the people are subject to being denied in the event of certain attacks or emergencies, whether natural or man-made in origin. The General Assembly finds that it is in the best interests of the proper functioning of the courts and, ultimately, of the people, to provide our judicial system with a means by which to adjust certain rights. deadlines, and schedules to take into accoWlt the potentially devastating effects of a judicial emergency.

SECTION3. Article 3 of Chapter 3 of Title 38 of the Official Code of Georgia Annotated. relating to emergency management, is amended by designating Code Sectioll$ 38-3-50 through 38-3-56 as Part 1 thereofand by adding immediately after said Part 1 the following:

GEORGIA LAWS 2004 SESSION

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'Part 2

38-3-60.
As used in this part, the tenn:
(1) 'Authorized judicial official' means any of the following officials when acting with regard to his or her respective jurisdiction:
(A) The ChiefJustice ofthe Georgia Supreme Court; (B) The ChiefJudge ofthe Georgia Court ofAppeals; (C) A chiefjudge of a Georgia superior court judicial circuit; or (D) The replacement for or successor to any of the officials set forth in subparagraphs (A) through (C) of this paragraph, as determined by the applicable rules of incapacitation and succession, should such official become incapacitated or otherwise unable to act. (2) 'Judicial emergency' means: (A) A state of emergency declared by the Governor under Part 1 of this article; (B) A public health emergency under Code Section 31-12-1.1; (C) A local emergency under Code Section 36-69-2; or (D) Such other serious emergency when, as determined by an authorized judicial official, the emergency substantially endangers or infringes upon the normal functioning of the judicial system, the ability of persons to avail themselves of the judicial system, or the ability of litigants or others to have access to the courts or to meet schedules or time deadlines imposed by court order or rule, statute, or administrative rule or regulation.

38-3-61. (a) An authorized judicial official is authorized to declare the existence of a judicial emergency which shall be done by order either upon his or her own motion or upon motion by any interested person. The order shall state:
(1) The identity and position ofthe issuing authorized judicial official; (2) The time, date, and place at which the order is executed; (3) The jurisdiction or jurisdictions affected by the order; (4) The nature ofthe emergency necessitating the order; (5) The period or duration ofthe judicial emergency; and (6) Any other information relevant to the suspension or restoration of court operations. (b) An order declaring the existence of a judicial emergency shall be limited to 1ln initial duration of not more than 30 days; provided, however, that the order may be modified or extended for no more than two periods not exceeding 30 days each. Any modification or extension of the initial order shall require information regarding the same matters set forth in subsection (a) of this Code section for the issuance ofthe initial order. '(c) In the event the circumstances underlying the judicial emergency make access to the office of a clerk of court or a courthouse impossible or impractical,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the order declaring the judicial emergency shall designate another facility, which is reasonably accessible and appropriate, for the conduct of court business.

38-3-62. An authorized judicial official in an order declaring a judicial emergency, or in an order modifYing or extending a judicial emergency order, is authorized to suspend toll, extend or otherwise grant relief from deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or criminal cases or administrative matters, including, but not limited to:
(I) A statute of limitation; (2) The time within which to issue a warrant; (3) The time within which to try a case for which a demand for trial has been filed; (4) The time within which to hold a commitment hearing; (5) A deadline or other schedule regarding the detention of a juvenile; (6) The time within which to return a bill of indictment or an accusation or to bring a matter before a grand jury; (7) The time within which to file a writ ofhabeas corpus; (8) The time within which discovery or any aspect thereof is to be completed; (9) The time within which to serve a party; (I 0) The time within which to appeal or to seek the right to appeal any order, ruling, or other determination; and (II) Such other legal proceedings as determined to be necessary by the authorized judicial official.

38-3-63. Upon an authorized judicial official issuing an order declaring the existence of a judicial emergency, or any modification or extension of such an order, the authorized judicial official issuing the order, modification, or extension to the extent permitted by the circumstances underlying the judicial emergency shall:
(I) Immediately notifY the ChiefJustice of the Georgia Supreme Court ofthe action; (2) NotifY and serve a copy of the order, modification, or extension on the judges and clerks of all courts sitting within the jurisdictions affected and on the clerks of the Georgia Court of Appeals and the Georgia Supreme Court. such service to be accomplished through reasonable means to assure expeditious receipt; and (3) Give notice of the issuance of the order, modification, or extension to the affected parties, counsel for the affected parties, and the public. Notice shall be provided by whatever means are reasonably calculated to reach the affected parties, counsel for the affected parties, and the public and may, without limitation, include mailing, publication in a newspaper of local or state-wide distribution, posting of written notices at courthouses and other public

GEORGIA lAWS 2004 SESSION

423

gathering sites, transmittal by facsimile or e-mail, and annoWicements on television, radio, and public address systems.

38-3-64. (a) Any person whose rights or interests are adversely affected by an order declaring the existence of a judicial emergency or any modification or extension ofsuch an order shall be entitled to appeal. (b) A notice of appeal shall be filed no later than 45 days after the expiration of the judicial emergency order, or any modification or extension of a judicial emergency order, from which an appeal is sought. A notice of appeal shall be filed with the clerk of a superior court in any jurisdiction affected by the order and shall be served upon:
(1) The authorized judicial official who issued the order; (2) The parties to any criminal proceeding or civil litigation in which the appellant is involved which would be affected by the appeal; (3) The district attorney of the coWity in which the notice of appeal is filed;
and (4) All other parties in any criminal proceeding or civil litigation which would be affected by the appeal; provided, however, that service in this regard shall be accomplished by publishing notice of the filing of the appeal in the newspaper which is the legal organ for the coWity in which the notice of the appeal is filed. (c) The appeal shall be heard immediately by the Georgia Court of Appeals Wider the procedure of emergency motions. A party dissatisfied by the judgment of the Georgia Court of Appeals may appeal as a matter of right to the Georgia Supreme Court. Filing fees for these appeals shall be waived. All costs of court shall be borne by the state. Appeals shall be heard expeditiously."

SECTION4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 13,2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE GOVERNMENTVENDOR REQUIREMENTS.

No. 499 (House Bill No. 1457).

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 procedures regarding state purchasing, so as to provide for additional vendor requirements; to provide for a definition; to provide for powers, duties, and authority of the Department of Revenue and the Department of Achninistrative Services; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedures regarding state purchasing, is amended by adding a new Code section at the end thereof, to be designated Code Section 50-5-82, to read as follows:
'50-5-82. (a) As used in this Code section, the term 'state agency' means any authority, board, department, instrumentality, institution, agency, or other unit of state government. 'State agency' shall not include any county, municipality, or any local or regional governmental authority. (b) On or after the effective date of tllis Code section, the Department of Achninistrative Services and any other state agency to which tllis article applies shall not enter into a state-wide contract or agency contract for goods or services, or both, in an amount exceeding $100,000.00 with a nongovernmental vendor if the vendor or an affiliate of the vendor is a dealer as defined in paragraph (3) of Code Section 48-8-2, or meets one or more of the conditions thereunder, but fails or refuses to collect sales or use taxes levied under Chapter 8 of Title 48 on its sales delivered to Georgia. (c) The Department of Achninistrative Services and any other state agency may contract for goods or services, or both, with a source prohibited under subsection (b) in the event of an emergency or where the nongovernmental vendor is the sole source of such goods or services or both. (d) The determination of whether a vendor is a prohibited source shall be made by the Department of Revenue, which shall notifY the Department of Achninistrative Services and any other state agency of its determination within three business days of a request for such determination.
(e) Prior to awarding a contract, the Department of Administrative Services and
any other state agency to which this article applies shall provide the Department of Revenue the name of the nongovernmental vendor awarded the contract, the

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natne of the vendor s affiliate, and the certificate of registration nwnber as provided for under Code Section 48-8-59 for the vendor and affiliate of the vendor.'
SECTION2. 'Ibis Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3.
AU laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

REVENUE- MOTOR FUEL TAXES; VENDORS COMPENSATION;
DISTRIBUTORS; UCENSURE AND REPORTING.
No. 500 (House Bill No. 1459).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue
and taxation, so as to change certain provisions regarding compensation of dealers
fur reporting and paying sales and use taxes and motor fuel taxes; to change certain provisions regarding the levy of motor fuel taxes; to change certain provisions regarding licensing of certain fuel or gas distributors; to change certain provisions regarding motor fuel distributor tax reports; to change certain provisions regarding relimds of motor fuel taxes; 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 in subsection (b) of Code Section 48-8-50, relating to Compensation ofdealers for reporting and paying sales and use taxes and motor fuel taxes, by striking "and" at the end ofparagraph (2), by striking the period at the end ofparagraph (3) and inserting in its place"; and", and by adding a new paragraph hediately following paragraph (3) to be designated paragraph (4) to read as fullows:
"(4) A deduction with respect to Code Section 48-9-14, as defined in paragraph (5.I) of Code Section 48-8-2, shall be at the rate of one-halfpercent ofthe total amount due of the prepaid state tax reported due on such return, so

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long as the payment is timely, regardless ofthe classification oftax return upon which the remittance is made."

SECTION2. Said title is further amended by striking subsections (a) and (b) of Code Section 48-9-3, relating to the levy of motor fuel taxes, and inserting in their place new subsections (a) and (b) to read as follows:
"(a)( I) An excise tax is imposed at the rate of7 1/2 per gallon on distributors who sell or use motor fuel within this state. It is the intention of the General Assembly that the legal incidence of the tax be imposed upon the distributor. (2) In the event any motor fuels which are not commonly sold or measured by the gallon are used in any motor vehicles on the public highways of this state, the commissioner may assess, levy, and collect a tax upon such fuels, under such regulations as the commissioner may promulgate, in accordance with and measured by the nearest power potential equivalent to that of one gallon of regular grade gasoline. Any determination by the commissioner of the power potential equivalent of such motor fuels shall be prima-facie correct. Upon each such quantity of such fuels used upon the public highways of this state, a tax at the same rate per gallon imposed on motor fuel under paragraph (1) of this subsection shall be assessed and collected. (3) No county, municipality, or other political subdivision of this state shall levy any fee, license, or other excise tax on a gallonage basis upon the sale, purchase, storage, receipt, distribution, use, consumption, or other disposition of motor fuel. Nothing contained in this article shall be construed to prevent a county, municipality, or other political subdivision of this state from levying license fees or taxes upon any business selling motor fuel. (4) For purposes of this subsection, and notwithstanding the provisions of paragraph (2) of this subsection and any provision contained in the National Bureau of Standards Handbook or any other national standard that may be adopted by law or regulation, the gallon equivalent of compressed natural gas shall be not less than 110,000 British thermal units. As used in this paragraph,
the term 'compressed natural gas' means a mixture of hydrocarbon gases and
vapors, consisting principally of methane in gaseous form, that has been compressed for use as a motor fuel. (b) No tax is imposed by this article upon or with respect to the following sales by duly licensed distributors: (1) Bulk sales to a duly licensed distributor; (2) Sales of motor fuel for export from this state when exempted by any provisions ofthe Constitutions of the United States or this state; (3) Sales of motor fuel to a licensed distributor for export from this state; (4) Sales of motor fuel to the United States for the exclusive use ofthe United States when the motor fuel is purchased and paid for by the United States; (5) Sales of aviation gasoline to a duly licensed aviation gasoline dealer, except for I per gallon of the tax imposed by paragraph (I) of subsection (a) ofthis Code section and all ofthe tax imposed by Code Section 48-9-14;

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(6) Bulk sales of compressed petrolemn gas or special fuel to a duly licensed consmner distributor;
(7)(A) Sales ofcompressed petrolemn gas or special fuel to a consmner who has no highway use of the fuel at the time of the sale and does not resell the fuel. Consmners ofcompressed petrolemn gas or special fuel who have both highway and nonhighway use of the fuel and resellers of such fuel must be licensed as distributors in order for sales of the fuel to be tax exempt. Each type ofmotor fuel is to be considered separately under this exemption.
(B){i) In instances where a sale of compressed petrolemn gas has been made to an ultimate consmner who has both highway and nonhighway use of that type of motor fuel and no tax has been paid by the distributor on the sale, the consmner shall become licensed as a consmner distributor of that type of motor fuel. After the consmner is licensed as a consmner distributor and if it is demonstrated to the satisfaction ofthe commissioner that the motor fuel purchased prior to the licensee s becoming licensed as a consmner distributor was used for nonhighway purposes, such sales shall be exempt from the tax imposed by this article; provided, however, that, if at the time of demonstration the ultimate consmner does not have both highway and nonhighway use of such fuel but it can be demonstrated by the distributor to the satisfaction of the commissioner that the motor fuel was used for nonhighway purposes, the sales shall be exempt from the tax imposed by this article; and
(ii){l) Any special fuel sold by a distributor to a purchaser who has a storage receptacle which has a com1ection to a withdrawal outlet that may be used for highway use, as defined in paragraph {8) of Code Section 48-9-2, is not exempt from the motor fuel and road taxes imposed by this article unless: (1) the purchaser is at the time of sale a valid licensed distributor of that type ofmotor fuel, or (2) an exemption certificate has been obtained from the purchaser on forms furnished by the Department of Revenue showing that the purchaser has no highway use of such fuels and is not a reseller of such fuels. Each exemption certificate shall be valid for a period of not more than three years and shall be kept by the distributor as one of the records specified in Code Section 48-9-8. It shall be the responsibility of the purchaser to notify the distributor when the purchaser is no longer qualified for the nonhighway exemption. All applicable taxes must be charged the purchaser until the purchaser is granted a valid distributor's license for that type ofmotor fuel. (II) Any such purchaser granted an exemption under subdivision (I) of this division who falsely claims the exemption or fails to rescind the purchaser s exemption certificate to the distributor in writing when he or she is no longer eligible for the exemption shall be deemed a distributor for purposes of taxation and is subject to all provisions of this article relating to distributors. This division in no way shall restrict the option of the purchaser to become licensed as a distributor. If the

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distributor sells special fuel to a purchaser who has a storage receptacle which has a connection to a withdrawal outlet that may be used for highway use, as defined in paragraph (8) of Code Section 48-9-2, and the purchaser is not a valid licensed distributor and has not executed a valid signed exemption certificate, the taxes imposed by this article are due from the distributor and not the purchaser on all sales of that type of fuel to that purchaser; (8) Sales of fuel oils, compressed petroleum gas or special fuel directly to an ultimate consumer to be used for heating purposes only. The delivery of fuel oils, compressed petroleum gas or special fuel directly to an ultimate consumer to be used for heating purposes only shall be made directly into the storage receptacle of the heating unit of the consumer by the licensed distributor. To qualifY for this exemption, sales must be delivered into storage receptacles that are not equipped with any secondary withdrawal outlets for the motor fuel; or (9) Sales of dyed fuel oils to a consumer for other than highway use as defined in paragraph (8) ofCode Section 48-9-2."

SECTION3. Said title is further amended by striking subsection (a) of Code Section 48-9-5, relating to licensing of certain fuel or gas distributors, and inserting in its place a new subsection (a) to read as follows:
'(a) Any person who has both highway and nonhighway use of compressed petroleum gas or special fuel may elect to become licensed as a distributor ofthat type of motor fuel. The distributor shall be qualified to purchase motor fuel of that type exempt from the taxes imposed by this article only after becoming licensed; provided, however, that no license shall be required from a person whose only nonhighway use is of dyed fuel oils. The distributor shall be subject to this article."

SECTION4.

Said title is further amended by striking subsection (b) of Code Section 48-9-8,
relating to motor fuel distributor tax reports, and inserting in its place a new

subsection (b) to read as follows:



'(b) At the time of submitting the report required by subsection (a) of this Code

section, the distributor shall pay to the commissioner the tax imposed by

paragraph (I) of subsection (a) of Code Section 48-9-3 on all gasoline, fuel oils,

compressed petroleum gas, special fuel, and aviation gasoline sold or used in this

state during the preceding calendar month, less an allowance of I percent of the

tax as compensation to cover losses and expenses incurred in reporting the taX f:O the state. The allowance shall not be deductible unless the payment of taX 15

made on or before the twentieth day of the month as required by this article."

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SECTIONS. Said title is furtl1er amended by striking subsection (b) of Code Section 48-9-10, relating to refunds of motor fuel taxes, and inserting in its place a new subsection (b) to read as follows:
'(b)(l) Every person who purchases gasoline in quantities of 25 gallons or more, when ilie gasoline is used in operating farm tractors and oilier equipment used for ilie production of agricultural crops on land owned or leased by such person, shall be entitled to a refund of all of ilie taxes imposed on gasoline by paragraph (1) of subsection (a) of Code Section 48-9-3 except 1 per gallon, subject to ilie rules and regulations adopted by ilie commissioner. All applications for refunds must be filed wiili ilie commissioner witllin 18 monilis from ilie date ofpurchase ofilie gasoline on which ilie refund is claimed. (2) Every person who purchases fuel oils, except iliose dyed fuel oils as defined in Code Section 48-9-2, in quantities of25 gallons or more, when ilie fuel oils are used in operating equipment used for nonhighway purposes, shall be entitled to a refund of all of ilie taxes imposed on fuel oils by paragraph (1) of subsection (a) of Code Section 48-9-3 except iliat no interest shall be paid. All applications for refunds must be filed wiili ilie commissioner witllin 18 montlls from ilie date of purchase of ilie fuel oils on which ilie refund is claimed."

SECTION6. This Act shall become effective on July 1, 2004.

SECTION7. All laws and parts oflaws in conflict wiili this Act are repealed.

Approved May 13, 2004.

REVENUE -CONFIDENTIAL TAXPAYER INFORMATION; DISCLOSURE.
No. 501 (HouseBillNo. 1461).
AN ACT
To amend Article 1 of Chapter 2 of Title 48 of ilie Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, so as to provide for limited circumstances lUlder which ilie state revenue commissioner or an officer or employee of ilie Department of Revenue may disclose certain confidential taxpayer information; to provide an effeetive date; to repeal conflicting laws; and fur oilier purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administrative organization regarding revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-2-15, to be designated Code Section 48-2-15.1, to read as follows:
'48-2-15.1. Notwithstanding any other provision oflaw to the contrary, confidential taxpayer information or records with respect to which the taxpayer has granted express written authorization to the connnissioner or an officer or employee of the department may be disclosed to or discussed with another party."

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

INSURANCE- MOTOR VEHICLE LIABIUTY INSURANCE;
COVERAGE; ADVANCE PAYMENT.
No. 502 (House Bill No. 1499).
AN ACT
To amend Code Section 33-34-3 of tl1e Official Code of Georgia Annotated. relating to requirements for the issuance of motor vehicle liability insurance, so as to reduce the amount of advance payment for coverage from the first 60 days of coverage to the first 30 days of coverage; 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 33-34-3 of the Official Code of Georgia Annotated, relating to requirements for the issuance of motor vehicle liability insurance, is amended by striking subparagraph (A) of paragraph (4) of subsection (a) and inserting in liell' thereof a new subparagraph (A) to read as follows:

GEORGIA lAWS 2004 SESSION

431

'(4){A) No insurer shall issue a policy of motor vehicle liability insurance without requiring advance payment for the first 30 days ofcoverage. Insurers may rely on the insured s statements in the policy application for the purpose ofcalculating the initial payment required by this paragraph. This paragraph shall not apply to any rent.wal or continuation of a policy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employer sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile liability insurance policies."

SECTION2. 'Ibis Act shall become effective on January 1, 2005.

SECTION3.
AU laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

COMMERCE - REVENUE- VENTURE CAPITAL; SEED-CAPITAL FUND.
No. 503 (House Bill No. 1507).
AN ACT
To amend Title 10 of the Official Code ofGeorgia Annotated, relating to commerce
and trade, and Title 48 of the Official Code of Georgia Annotated, relating to
revenue and taxation, so as to provide for the comprehensive revision ofprovisions regarding venture capital; to provide for the substantial revision ofthe Seed-Capital
Fund; to provide for definitions; to change certain provisions regarding handling
policies regarding seed-capital fi.mds; to change certain provisions regarding investment of such fi.mds; to provide for fi.md transfers with respect to certain loans; to change certain provisions regarding use of such fi.mds and certain proceeds; to repeal certain provisions regarding state insurance premium tax credits with respect to certified capital companies; 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 10 of the Official Code ofGeorgia Annotated, relating to commerce and trade, is amended by striking Chapter 10, relating to the Seed-Capital Fund, and inserting in its place a new Chapter 10 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"CHAPTER 10

10-10-1. As used in this chapter, the term:
( 1) 'Board' means the Board of Regents of the University System of Georgia (2) 'Center' means the Advanced Technology Development Center created by the board and acknowledged and empowered to administer the fimd by Article III, Section IX, Paragraph VI(g) ofthe Constitution ofGeorgia. (3) 'Enterprise' means a corporation, partnership, limited liability company, or other legal entity that has its principal place of business in this state and that is engaged in an entrepreneurial business, including, but not limited to, tenants of incubators. For the purposes of this chapter, an enterprise shall not be considered to be engaged in an entrepreneurial business unless it is engaged in innovative work in the areas of technology, bioscience, manufacturing, marketing, agriculture, or infom1ation related ventures that will increase the state's share of domestic or international markets. An enterprise engaged primarily in business of a mercantile nature shall not be considered engaged in an entrepreneurial business. An enterprise shall be required to be young, as determined by the center. (4) 'Equity contribution' means:
(A) Moneys from the fimd used to make direct investments by the state in qualified securities ofenterprises; and (B) The capital of an investment entity contributed by the fimd, as created in Code Section 10-10-3, and contributed by other investors, which capital shall be used by the investment entity to make investments in qualified securities of one or more enterprises as provided by this chapter and to pay the expenses of the investment entity but shall not include any current or accumulated income ofthe investment entity. (5) 'Fund' means the Seed-Capital Fund created in Code Section 10-10-3.
(6) 'Incubator' means a facility that leases small units of space to tenants and
which maintains or provides access to business development services for use by the tenants or member fimls. (7) 'Investment entity' means a limited partnership, a limited liabilit)'! company, or other legal entity providing limited liability to its owners that is formed to receive, in part, an investment by the fimd or an equity return of investment from a fimd loan and for which a general partner or manager manages the equity contributions by making investments in qualified securitiesl of one or more enterprises as permitted by this chapter and by paying dJ;l expenses ofthe investment entity.
(8) 'Loan' means an advance of money from the fimd to an enterprise on such
a:. terms as the center shall set, including, but not limited to, an absolute promise
to repay the principal amount of the loan made by the recipient enterpri~~
any return on investment that the center may require as a term or condition the loan, which may include, but not be limited to, simple or compound interesll or any form of equity participation.

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(9) 'Qualified security' means any note, stock, treasury stock bond, debenture, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, preorganization certificate or subscription, transferable share, investment contract, certificate of deposit for a security, certificate of interest or participation in a patent or application therefor or in royalty or other payments under such a patent or application, or, in general, any interest or instrument commonly known as a security or any certificate for, receipt for, guarantee of, or option, warrant, or right to subscribe to or purchase any ofthe foregoing of an enterprise. (10) 'State' means the State ofGeorgia.

10-10-2. 'Jhere is created the Seed-Capital Fund to be managed by the center under the authority ofthe board.

10-10-3. (a) The fund is created as a separate fund maintained by the board or a body designated by the board and shall be expended only as provided in this chapter. Pending their use as equity contributions or as loans, the moneys in the fund may be invested and reinvested in accordance with the investment policies authorized by the board or its designee. The entire cost of administration of the fund, including expenses of the center incurred in connection with the creation, operation, management, liquidation, and investment of fund moneys in enterprises, directly or through investment entities, may be paid from the assets
ofthe fimd. All moneys appropriated to or otherwise paid into the fund shall be
preswnptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. (b) The fund shall consist of all moneys authorized by law for deposit in the fund, including, but not limited to, gifts, grants, private donations, and funds by government entities authorized to provide funding for the purposes authorized for use of the fund and any payments or returns on investments made by the center. (c) In return for equity contributions by the fund, at the discretion of the center, the state will receive either direct ownership of qualified securities of an enterprise or a limited liability ownership in an investment entity with rights accruing from investments in qualified securities by the investment entity. With respect to loans made from the fi.md, the state shall receive repayment of the loan in accordance with its terms, with cash proceeds ~ other assets from such repayments being deposited in or held through the fund. )\dditional returns to the state will be secured through the establishment and growth of innovative enterprises that create new, value added products, processes, and services and encourage growth and diversification in the economy ofthe state. (d) Disbursements from the fund shall be made upon the instruction ofthe center director in accordance with the policies of the board.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(e) The center, subject to the approval of the board or its designee, shall be authorized to contract and have contracts and other legal docwnents prepared to carry out the provisions ofthis chapter. (f) The board shall have the authority to issue policies governing the management and operation ofthe fi.md as needed.

10-10-4. (a) The center, subject to the approval ofthe board or its designee, may authorize transfers from the fi.md to make equity contributions through the direct purchase of qualified securities of enterprises, su~ject to the center assuring itself that the following conditions will be satisfied:
(1) At least $3.00 of equity contributions has been committed in writing to the enterprise by persons other than the state for every $1.00 of equity contributions committed by the state from the fi.md to the enterprise; (2) The center shall manage the investments of equity contributions in the qualified securities of enterprises so that the state shall not hold voting control ofan enterprise; (3) The total amount of equity contributions by the state made to an enterprise that originate from the fi.md, either directly or indirectly through an investmwt entity as permitted by subsection (b) of this Code section, and that are invested in qualified securities of an enterprise should ordinarily be no more than S1 million. Total equity contributions from the fi.md to an enterprise, directly or indirectly through an investment entity, may be greater than $1 million i:( in
the judgment of the center, the enterprise is in severe financial difficulty and
an investment of a greater amount is necessary to preserve the initial investment in qualified securities; (4) The amount of investment, directly or indirectly through an investment entity, by the fi.md in qualified securities issued by an enterprise should ordinarily not represent more than 49 percent of the enterprise s total qualified securities outstanding at the time such qualified securities are purchased by the fi.md, after giving effect to the conversion of all outstanding convertible qualified securities of the enterprise. An investment of an equity contribution from the fi.md may exceed 49 percent of the enterprise's total qualified securities outstanding if:
(A) In the case of direct investment, in the center's judgment, such greater investment is prudent; or (B) In the case of indirect investment in the investment entity's judgment exercised in accordance with paragraph (5) of subsection (b) ofthis Code section, such greater investment is prudent; (5) The center shall invest equity contributions in qualified securities of
enterprises engaged in an entrepreneurial business only after receipt of an
application from the enterprise that contains: (A) A business plan including pro forma financial statements and a description ofthe enterprise and its management, product, and market;

GEORGIA LAWS 2004 SESSION

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(B) A statement of the ainoWlt, timing, and projected use of the capital required; (C) A statement of the potential economic impact of the enterprise, including the number, location, and types ofjobs expected to be created; and (D) Such other information as the center shall request; and (6) Approval of an equity investment may be made after the center finds, based upon the application submitted by the enterprise and such additional investigation as the staff ofthe center shall make and incorporate in its records,
that: (A) The proceeds ofthe investment or financial assistance will be used only to cover the seed-capital needs of the enterprise except as authorized by paragraph (2) ofthis subsection; (B) The enterprise has a reasonable chance of success; (C) The fund's participation is instrumental to the success of the enterprise and its retention within the state; (D) The enterprise has the reasonable potential to enhance employment opportunities within the state; (E) The entrepreneur and other foWlders ofthe enterprise have already made or are contractually committed to make a substantial financial or time commitment to the enterprise; (F) Any securities to be purchased are qualified securities; (G) There is a reasonable possibility that the fund will recoup at least its initial investment or financial connnitment; and (H) Binding commitments have been made to the state by the enterprise for adequate reporting of financial data to the center, which shall include a requirement for an annual report or, ifrequired by the center, an annual audit of the financial and operational records of the enterprise, and for such control on the part of the investment entity as considered prudent, over the management of the enterprise so as to protect the investment or financial commitment of the investment entity, including in the discretion of the entity and without limitation, right of access to financial and other records of the enterprise and membership or representation on the board of directors of the enterprise.
(b) The center, subject to the approval ofthe board or its designee, may authorize transfers from the fund to make equity contributions to one or more investment entities whose structures, purposes, and operations are consistent with the criteria specified in this chapter. Investment entities to which the state makes an equity contribution shall not expend any of the funds invested by the state unless and until the center has assured itself that the following conditions will be satisfied by such investment entity:
{I) Either: (A) At least $3.00 of equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of equity contributions committed by the state from the fund to the investment entity;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) At least $1.00 of equity contributions has been committed in writing to the investment entity by persons other than the state for every $1.00 of equity contributions committed by the state from the fimd to an investment entity; provided, however, that no investment is to be made from such investment entity in qualified securities without an equal or greattr investment in the same enterprise from sources other than the investment entity, such that, in total, at least $3.00 of investment from sources other than
the state, including fimds investment by the investment entity in the
enterprise that are other than from equity contributions made by the state
from the fimd, has been committed to such enterprise for every $1.00 ofthe
state s portion of the amount invested in the qualified securities of such enterprise; (2) The total amount of equity contributions by the state made to an
investment entity that originate from the fimd and that are ultimately invested by an investment entity in qualified securities of an enterprise, when added to any amounts invested by the fimd directly in the enterprise s qualified securities, should ordinarily be no more than $1 million. In addition, the amount of investment by an investment entity in qualified securities issued by an enterprise should ordinarily not represent more than 49 percent of the total
qualified securities at the time such qualified securities are purchased by the
investment entity, after giving effect to the conversion of all outstanding
convertible qualified securities of the enterprise; provided, however, that the investment in qualified securities of the enterprise by the investment entity can exceed 49 percent if, in the investment entity's judgment exercised ill
accordance with paragraph (5) of this subsection, such greater investment iS
prudent; and provided, further, that an amount greater than $1 million of funds
attributable to equity contributions by the state from the fimd may be invested by the investment entity in qualified securities of an enterprise if the enterprise is in severe financial difficulty and, in the judgment of the investment entity, an investment of such greater amount is necessary to preserve the initial investment in qualified securities; (3) The investment entity shall make authorized investments in enterprises engaged in an entrepreneurial business only after receipt of an application ftolll the enterprise that contains:
(A) A business plan including pro forma financial statements and a
description ofthe enterprise and its management, product, and market; (B) A statement of the amount, timing, and projected use of the capital required; (C) A statement of the potential economic impact of the enterprise.
including the number, location, and types ofjobs expected to be created; ao4
(D) Such other information as the investment entity shall request; (4) Approval of an investment may be made after the investment entity finds, based upon the application submitted by the enterprise and such additional investigation as the staff of the investment entity shall make and incorporate in its records, tl1at:

GEORGIA LAWS 2004 SESSION

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(A) The proceeds ofthe investment or financial assistance will be used only to cover the seed-capital needs of the enterprise except as authorized by paragraph (2) ofthis subsection; (B) The enterprise has a reasonable chance of success; (C) The investment entity's participation is instrumental to the success of the enterprise and its retention within the state; (D) The enterprise has the reasonable potential to enhance employment opportunities within the state; (E) The entrepreneur and other founders ofthe enterprise have already made or are contractually committed to make a substantial financial or time commitment to the enterprise; (F) Any securities to be purchased are qualified securities; (G) There is a reasonable possibility that the investment entity will recoup at least its initial investment or financial commitment; and (H) Binding commitments have been made to the investment entity by the enterprise for adequate reporting of financial data to the investment entity, which shall include a requirement for an annual report or, if required by the investment entity, an annual audit of the financial and operational records of the enterprise and, for such control on the part of the investment entity as considered prudent, over the management of the enterprise so as to protect the investment or financial commitment of the investment entity, including in the discretion of the entity and without limitation, right of access to financial and other records of the enterprise and membership or representation on the board ofdirectors ofthe enterprise; (5) The governing agreement of the investment entity provides that the care and judgment that management of the investment entity must exercise in the performance of its obligations shall be the judgment and care under the circumstances then prevailing and that persons of ordinary prudence, discretion, and intelligence exercise in the management ofrisk capital intended for investment at the early stages of organization and growth of a business that is: (A) Expected to create, retain, or extend employment opportunities and economic growth in Georgia; and (B) All other material matters being equal, developing technological advances that could be expected to result in the greatest increase in employment opportunity and economic growth in Georgia; and (6) The governing agreement of the investment entity provides for distributions made by the investment entity to its partners or members that are proportionate to the capital committed or otherwise reflective of the ownership interests purchased by the partners or meinbers.

10-10-5. The center, subject to the approval of the board or its designee, may authorize transfers from the fund to make unsecured or secured loans. With respect to such loans, the center, acting on behalf of the state and the fund, shall have the

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authority to sell loans, mortgages, security interests, and other obligations held by the state through the fund at public or private sale; to negotiate modifications or alterations in loans, mortgages, security interests, and other obligations held by the fund; to foreclose on any security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, mortgage, security interest, or other obligation held by the fund at any foreclosure or at any other sale; to acquire or take possession of such property; and to exercise any and all rights as provided by law or contract for the benefit or protection ofthe fund.

10-10-6. All distributions made by an investment entity allocable to the state's limited partner interest or membership interest therein; all cash proceeds with respect to any loan, whether interest, the repayment of principal, or other amounts; or
proceeds of the sale or transfer of qualified securities held directly by the fund shall be deposited in the fund for future investment in other investment entities, in other qualified securities of enterprises, for making loans as provided in this chapter, or to pay the cost of administration of the fund as provided in this chapter.

10-10-7. The center, on behalf of the board, shall publish an annual report which shall be made available to the Governor, the General Assembly, the Department of Industry, Trade, and Tourism or any successor agency, the chairperson of the House Committee on Economic Development and Tourism, the chairperson of the Senate Economic Development and Tourism Committee, and the board setting forth in detail the operations and transactions conducted by it pursuant to this chapter. The annual report. shall specifically account for the ways in which the needs, mission, and progran1s of the center described in this chapter have been carried out. The center shall distribute its annual report by such means that will make it widely available to those innovative enterprises of special importance to the Georgia economy."

SECTION2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by repealing in its entirety Chapter 18, regarding state insurance premium tax credits with respect to certified capital companies.

SECTION3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION4. A}llaws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

HEALTH- CHILDHOOD VACCINATION REGISTRY.
No. 504 (House Bill No. 1526).
AN ACT
To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, so as to expand the childhood vaccination registry to include vaccination on all persons from birth through death; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, is amended by striking Code Section 31-12-3.1, relating to childhood vaccination registry, reporting requirements, maintenance, and use, and inserting in lieu thereofthe following:
'31-12-3.1. (a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current vaccination records to be used in aiding, coordinating, and promoting effective and cost-efficient disease prevention and control efforts, shall establish and maintain a vaccination registry. (b) Any person who administers a vaccine or vaccines licensed for use by the United States Food and Drug Administration to a person shall for each such vaccination provide to the department such data as are deemed by the department to be necessary and appropriate for purposes of the vaccination registry established pursuant to subsection (a) of this Code section, including, without limitation:
(1) The name ofthe person; (2) The person s date and place of birth, including the name of the hospital where delivered, ifapplicable; (3) The names and addresses ofthe person s parents or guardians ifthe person is 18 years of age or younger; (4) The date of the vaccination and the specific type or types of vaccine or vaccines administered to the person on that date; and

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(5) Complications or side effects resulting from a vaccination, if any. Vaccination data reporting requirements, including without limitation the types of data required to be reported and the time and manner of reporting such data, shall begin after the registry has established linkages to vaccine providers and shall be established by the department in consultation with the United States Centers for Disease Control and Prevention, the Georgia chapter ofthe American Academy of Pediatrics, and the Georgia Academy of Family Physicians. (c) The department shall utilize the registry to provide notices, whether by mail, telephone, personal contact, or other means, to persons and to parents or guardians regarding their children or wards who are due or overdue for a particular type of vaccination according to recommended vaccination schedules. The department shall consult with medical services providers to determine the most effective and efficient manner of using the registry to provide such notices. (d) Vaccination records for any person included within the vaccination registry shall be maintained as part of the registry until the person s death. (e) Individually identifiable vaccination information regarding a person may be provided to the department by, or released by the department to, a local health department, hospital, physician, or other provider of medical services to the person or to a school or child care facility in which the person is enrolled if the person is 18 years of age or younger without the consent of the person or the person s parents or guardians. All persons shall be enrolled unless a specific exemption is requested by the person or the person s parent or guardian if the person is 18 years of age or younger. A parent or guardian may obtain and upon request to the department shall be provided with all individually identifiable vaccination registry infonnation regarding his or her child or ward. Except as provided otherwise by this Code section, individually identifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of the person or the person s parent or guardian if the person is 18 years of age or younger. (f) Nothing in this Code section shall:
(I) Prohibit the department from providing or publishing registry infonnation in aggregate form for scientific, educational, or public health purposes, provided that such information is published without releasing or identifying individual names contained in the registry; (2) Prohibit the department or any medical services provider from notifying a person or the person s parent or guardian if the person is 18 years of age or younger of the person s vaccination status or of a vaccination that is due or overdue according to recommended vaccination schedules; or (3) Diminish a parent's or guardian's responsibility for having a child vaccinated properly. (g) Any person, including but not limited to practitioners of the healing arts. submitting or obtaining in good faith vaccination reports or data to or from the
department in compliance with the provisions of this Code section and any rules or regulations promulgated pursuant to this Code section shall not be liable for
any civil damages therefor.

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(h) The department is authorized to accept any grants, gifts, awards, and funds from government, public, and private sources to supplement any appropriation made for the purpose of funding the provisions ofthis Code section. (i) The department is authorized and directed to promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this Code section:

SECTION2. This Act shall become effective on July I, 2004.

SECTION3.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

EDUCATION- GEORGIA STUDENT FINANCE AUTHORITY;
REVISE DEFINITIONS.
No. 505 (House Bill No. 1547).
AN ACT
To amend Code Section 20-3-3I2 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Student Finance Authority, so as to make editorial changes to certain definitions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-3-3I2 of the Official Code of Georgia Annotated, relating to definitions relative to the Georgia Student Finance Authority, is amended by striking in their entirety paragraphs (I 0) through (14) and inserting in lieu thereof the following:
'(1 0) '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. (11) 'Guaranty fee' means the insurance premium charge on educational loans authorized by Code Section 20-3-27I or the federal act. (12) 'Lender' means a 'lender' as defined in paragraph (12) of Code Section 20-3-262 or as prescribed by the federal act.

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(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. 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, 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.'

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

PENAL INSTITUTIONS- LAW ENFORCEMENT POWERS; EXECUTIVE ORDER.
No. 506 (House Bill No. 1702).
AN ACT
To amend Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for pardons and paroles, so as to provide for powers of certain employees of the State Board of Pardons and Paroles for a limited period of time and under certain circumstances; to allow such employees to assist law enforcement or correctional officers; to provide for related matters; tO' provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated. relating to general provisions for pardons and paroles, is amended by inserting a new Code section to follow Code Section 42-9-9, relating to board employees, to read as follows:

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'42-9-9.1. (a) Upon the issuance of an executive order by the Governor and the consent of a majority of the members of the board, all powers of a law enforcement officer ofthis state, including, but not limited to, the power to make arrests for violations of any of the criminal laws of this state, may be conferred upon and exercised by any person who is employed by the board and who is otherwise certified as a peace officer under the provisions of Chapter 8 of Title 35. Such powers shall be exercised only during the period extending from May 24, 2004, through June 20, 2004, and only in such area or areas of the state as designated by the Governor in such executive order. Such certified peace officers may assist law enforcement officers or correctional officers of federal, state, or local goverronents in preserving order and peace when so requested by the Governor or by such authorities. (b) This Code section shall be repealed on July I, 2004."

SECTION2. 'Ibis Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

HEALTH- NURSING HOMES; INFLUENZA VIRUS VACCINATIONS.
No. 507 (House Bill No. 1709).
AN ACT
To amend Article I of Chapter 7 of Title 3I of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide that nursing homes annually offer an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients and a pneumococcal bacteria vaccine to all medicare eligible and private pay patients over 65 years of age in their facilities; to provide for related matters; to repeal conflicting laws; and for ether purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 7 of Title 3 1 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by striking subsection (a) of Code Section 31-7-2.1, relating to rules and regulations, availability ofreports of cited deficiencies, and disclosure of survey worksheets and docwnents, and inserting in its place the following:
'(a) The department shall adopt and promulgate such reasonable rules and regulations which in its judgment are necessary to protect the health and lives of patients and shall prescribe and set out the kind and quality of building,
equipment, facilities, and institutional services which institutions shall have and
use in order to properly care for their patients. Such rules and regulations shall require that all nursing homes annually offer unless contraindicated, contingent on availability, an influenza virus vaccine to all medicare and Medicaid eligible patients and private pay patients in their facilities, in accordance with the rules and regulations established pursuant to this subsection. Such rules and regulations shall also require that all nursing homes annually offer unless contraindicated, contingent on availability, a pneumococcal bacteria vaccine to all medicare eligible patients and all private pay patients, 65 years of age or older, in their facilities, in accordance with the rules and regulations established pursuant to this subsection.n
SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

PUBUC OFFICERS- STATE EMPLOYEES' HEALTH INSURANCE;
CONTRACTS FOR COVERAGE.
No. 508 (House Bill No. 1751 ).
AN ACT
To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, so as to provide for the circumstances under which the Board of Community Health may contract for the coverage of employees of governmental entities; 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. 1be General Assembly finds that federally qualified health centers, as defined in section 1395x(aa)(4) ofTitle 42 of the United States Code Annotated, promote and preserve the provision of primary care to the residents of Georgia, particularly residents in rural areas of Georgia. Steps must be taken to promote the continued exisfence of the federally qualified health centers in order to promote the availability of primary health care to Georgia s rural citizens.

SECTION2. 'Ibe General Assembly further finds that the state employees health insurance plan is a governmental plan exempt from the regulatory requirements of the Employee Retirement Income Security Act of I974 and declares that it is the public policy of the State of Georgia that the Board of Community Health take all steps necessary
and proper to ensure that said exemption is retained by the state.

SECTION3. Article I of Chapter I8 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees health insurance plan, is amended by striking Code Section 45-I8-7. 7, relating to employees and dependents ofcritical access hospitals in health plans, in its entirety and inserting in lieu thereofthe following:

'45-I8-7.7. (a) The board is authorized to contract with any public or nonprofit critical access hospital that meets such requirements as the department may establish for the inclusion of the employees and dependents of such critical access hospitals in any health plan established under this article. It shall be the duty of such critical access hospital to deduct from the salary or other remuneration or otherwise collect such payment from its qualified employees as may be required Wlder the board's regulations. In addition, it shall be the duty of such critical ':access hospital to make the employer contributions required for the operation of 'such plan. ; (b) The board is authorized to contract with any federally qualified health center, as defined in Section 1395x(aa)(4) of Title 42 of the United States Code Annotated, that meets such requirements as the department may establish for the inclusion of the employees and dependents of such federally qualified health centers in any health plan established under this article. It shall be the duty ofthe federally qualified health center to deduct from the salary or other remw1eration or otherwise collect such payment from its qualified employees as may be required under the board's regulations. In addition, it shall be the duty of such .federally qualified health center to make the employer contributions required by the board for the operation of such plan. The department shall make a determination, no later than January I, 2005, as to whether a federally qualified health center is an agency or instrunlentality of the State of Georgia. In the event

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GENERAL ACTS AND RESOLUTIONS, VOL. I

that the department determines that such centers are agencies or instrumentalities of the State of Georgia, then all employees and dependents of such centers shall be eligible for inclusion in the state employees health insurance plan. (c) The authority granted to the board pursuant to Code Sections 45-18-5.1, 45-18-5.2, 45-18-7.1, 45-18-7.2, 45-18-7.3, 45-18-7.5, and 45-18-7.6, by this Code section, or by any other provision ofthis article may be exercised only upon a determination by the department that the employer is an agency or instrumentality of the State of Georgia or, if the department determines that such entities are not agencies or instrumentalities of the State of Georgia, then employees and dependents of such entities may be included in the state employees' health insurance plan up to the point that such health plan would not be able to retain its exempt status under the federal Employee Retirement Income
Security Act of 1974:

SECTION4. This Act shall become effective on July 1, 2004.

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

Approved May 13,2004.

TORTS -FREE HEALTH CLINICS; LIMITED LIABILITY.
No. 509 (House Bill No. 1793).
AN ACT
To amend Chapter 1 ofTitle 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to provide for limiting liability of free health clinics; to provide for definitions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter I of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, is amended by inserting a new Code section to follow Code
Section 51-1-29.I, relating to liability of voluntary health care providers and
sponsoring organizations, to read as follows:

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'51-1-29.15. (a) For purposes ofthis Code section, the tenn:
(I) 'Free health clinic' means a nonprofit, charitable, or eleemosynary institution or organization which volWitarily and without expectation or receipt of payment or other compensation or financial benefit provides health care services to persons who do not quality for medicare or Medicaid, have no private health insurance, and cannot afford to see a medical care professional. (2) 'Medical care professional' means a professional who is licensed Wider Chapter 4 ofTitle 26 or Chapter 9, 11, 11A, 26, 30, 33, 34, or 44 ofTitle 43. (b){l) A free health clinic and its agents, employees, and volWiteers when acting within the scope of that relationship shall not be liable to a patient for ordinary negligence which proximately causes injury to or the death of that patient if the services provided to that patient were free of any charge and the free health clinic and the medical care professional whose services are at issue neither received nor expected to receive any payment or other compensation or financial benefit for providing care to that patient. (2) A licensed hospital, public school, or nonprofit organization which requests, sponsors, or participates in providing the services of a free health clinic shall not be liable to a patient for ordinary negligence which proximately causes injury to or the death ofthat patient ifthe services requested, sponsored, or provided to that patient were free of any charge and the free health clinic, the medical care professional whose services are at issue, the licensed hospital, the public school, or the nonprofit organization did not receive or expect to receive any payment or other compensation or financial benefit for providing care to that patient. (3) The immunity granted Wider this Code section shall not waive or affect and is cumulative of any existing immunity from any other source. (c) This Code section shall apply only to causes of action arising on or after July I, 2004."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT - UNIVERSITY SYSTEM EMPLOYEES;
OPTIONAL RETIREMENT PLAN ELECTIONS.

No. 510 (Senate Bill No. 253). AN ACT

To amend Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of eligible university system employees in the Teachers Retirement System of Georgia, so as to provide that certain university system employees may elect membership in the optional retirement plan provided for in Chapter 21 of Title 47; to provide conditions; to provide for the transfer of employer and employee contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-3-68 of the Official Code of Georgia Annotated, relating to membership of eligible university system employees in the Teachers Retirement System of Georgia, is amended by inserting at the end thereofthe following:
"(t) Any member of this retirement system who was employed on July I, 2004, as an assistant coach by the athletic department of a state university may make an irrevocable decision to participate in the optional retirement plan provided by Chapter 2I of this title. Such election shall be made to the employer and the board of trustees not later than August 31, 2004. The board of trustees shall transfer to such member's account in such optional retirement plan all employ~:~' and employee contributions made by or on behalf of such member together with regular interest thereon."

SECTION2. This Act shall become effective on July I, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise. this Act shall not become effective and shall be automatically repealed in its entirety on July I, 2004, as required by subsection (a) of Code Section 47-20-50.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

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449

DOMESTIC RELATIONS SALE OF CHILDREN; PROHIBIT.

No. 511 (Senate Bill No. 281).

AN ACT

To amend Chapter 8 of Title 19 ofthe Official Code of Georgia Annotated, relating to adoption, so as to prohibit the sale or offer for sale of a child by any person; to provide for penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking in its entirety Code S~tion 19-8-24, relating to unlawful advertisements and inducements, and inserting in lieu thereof a new Code section to read as follows:
'19-8-24. (a) It shall be unlawful for any person, organization, corporation, hospital, or association of any kind whatsoever which has not been established as a child-placing agency by the department to:
(I) Advertise, whether in a periodical, by television, by radio, or by any other public mediUlll or by any private means, including letters, circulars, handbills, and oral statements, that the person, organization, corporation, hospital, or association will adopt children or will arrange for or cause children to be adopted or placed for adoption; or (2) Dir~tly or inclir~tly hold out inducements to parents to part with their children. As used in this subs~tion, 'inducements' shall include any financial assistance, either clir~t or inclir~t, from whatever source, except payment or reimbursement of the medical expenses clir~tly related to the mother's pregnancy and hospitalization for tl1e birth ofthe child and medical care for the child. (b) It shall be unlawful for any person to sell, offer to sell, or conspire with another to sell or offer to sell a child for money or anything of value, except as otherwise provided in this chapter. (c) Any person who violates subs~tion (a) or (b) of this Code s~tion shall be guilty of a felony and, upon conviction thereo( shall be punished by a fine not to exceed $10,000.00 or imprisonment for not more than ten years, or both, in the discretion ofthe court. (d)(l) Paragraph (l) ofsubs~tion (a) of this Code s~tion shall not apply to col11111unication by private means, including only written letters or oral statements, by an individual seeking to:
(A) Adopt a child or children; or (B) Place that individual's child or children for adoption,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

whether the communication occurs before or after the birth of such child or children. (2) Paragraph (1) of subsection (a) of this Code section shall not apply to any communication described in paragraph (1) of this subsection which contains any attorney s name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to he contacted to facilitate the carrying out of the purpose, as described in subparagraph (A) or (B) of paragraph (1) of this subsection, of the individual making such personal conm1mlication."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

MOTOR VEHICLES FLEEING OR ELUDING POUCE;
PENALTIES.
No. 512 (Senate Bill No. 297).
AN ACT
To amend Code Section 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, so as to change certain provisions relating to the nature of the offense and penalties for violations of said Code section; 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 40-6-395 of the Official Code of Georgia Annotated, relating to fleeing or attempting to elude a police officer and impersonating a law enforcement officer, is amended by striking subparagraph (A) of paragraph (5) of said Code section and inserting in its place the following:
"(5)(A) Any person violating the provisions of subsection (a) of this Code section who, while fleeing or attempting to elude a pursuing police vehicle or police officer in an attempt to escape arrest for any offense other than a violation of this chapter, operates his or her vehicle in excess of30 nJ.i.les an hour above the posted speed linlit, strikes or collides with another vehicle. or
a pedestrian, flees in traffic conditions which place the general public at risk
of receiving serious injuries, or leaves the state shall be guilty of a felonY

GEORGIA LAWS 2004 SESSION

451

punishable by a fine of$5,000.00 or imprisonment for not less than one year nor more than five years or both."

SECTION2.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

PROPERTY- DOMESTICATED JUDGMENT; RECIPROCAL EXEMPTION.
No. 513 (Senate Bill No. 347).
AN ACT
To amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, so as to provide a reciprocal exemption fur a judgment debtor resident in this state as against a domesticated judgment from another state; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale, is amended by adding at its end a new Article 3 to read as follows:
"ARTICLE 3
44-13-120. As against a domesticated judgment from another state, a judgment debtor resident in Georgia shall be entitled to assert, in addition to any other exemption under Georgia law, an exemption from levy and sale and any other process equal to the exemption which would be provided to the judgment debtor by the law of the state in which the judgment was entered if the judgment debtor were a resident ofthat state."
SECTION2. All laws and parts oflaws in conflict with this Act are repealed.
Approved May 13, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

MOTOR VEHICLES- PROFESSIONS- SALVAGEREPAIRED MOTOR VEHICLES.

No. 514 (Senate Bill No. 357).

AN ACT

To amend Chapter 3 ofTitle 40 ofthe Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, so as to change certain provisions relating to definitions; to change certain provisions relating to salvaged or rebuilt motor vehicles, inspections, and fees; to amend Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," so as to redefine a term; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates oftitle, security interests, and liens, is amended in Code Section 40-3-2, relating to definitions, by striking paragraph (9) of said Code section and inserting in its place the following and by adding a new paragraph (11.1) to read as follows:
"(9) 'Major component part' means any one of the following subassemblies of a motor vehicle:
(A) Front clip assembly (fenders, hood, and bumper); (B) Rear clip assembly (quarter panels, floor panel assembly, and roof assembly, excluding a soft top); (C) Engine and transmission; (D) Frame; or (E) Complete side (fenders, door, and quarter panel)." "( 11.1) 'Salvaged-repaired motor vehicle' means any motor vehicle which has been damaged and subsequently restored to an operable condition by the replacement ofless than two major component parts."

SECTION2. Said chapter is further amended in Code Section 40-3-36, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, by striking subparagraph (a)(2)(A) and by striking subsections (d) and (e) of said Code section in their entirety and inserting in their places the following:
"(2)(A) The registered owner of any motor vehicle which is damaged to. the extent that its restoration to an operable condition would require the replacement of the front clip assembly, which includes the fenders, hood. and bumper; the rear clip assembly, which includes the quarter panels, the

GEORGIA lAWS 2004 SESSION

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floor panel assembly, and the roof assembly, excluding a soft top; the frame; and a complete side, which includes the fenders, door, and quarter panel shall mail or deliver the certificate of title to the commissioner for cancellation. (d) Any certificate of title which is issued to a salvage motor vehicle, as provided for in this Code section, shall contain the word 'salvage' on the face of the certificate in such a mromer as the commissioner may prescribe, so as to indicate clearly that the motor vehicle described is a salvage motor vehicle. The legend 'salvaged-repaired' shall be placed on a certificate of title which was declared a salvage vehicle and subsequently repaired with less than two major component parts to restore the vehicle to an operable condition. (e) Notwithstanding this subsection and subsections (c) and (d) of Code Section 40-3-37, the legend 'rebuilt' or 'salvage' or 'salvaged-repaired' shall only be required to be placed on the certificate of title to a vehicle which was declared a salvage vehicle on or after July 1, 2004, and which was subsequently rebuilt:

SECTION 3. Said chapter is further amended in Code Section 40-3-37, relating to salvaged or rebuilt motor vehicles, inspections, fees, exemption ofmotorcycles, and glider kits, by striking subsections (b) through (d) of said Code section in their entirety and inserting in their place the following:
'(b)( 1) Upon receipt of an application for a certificate of title on a salvaged or rebuilt motor vehicle, the conmtissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. Upon receipt of an application for a certificate of title on a recovered stolen motor vehicle which has been stripped of:
(A) Substantially all its interior parts; (B) Engine; (C) Transntission; (D) All doors; (E) Complete soft top assembly including roof mechrotism; (F) Front clip assembly (fenders, hood, and bumper); or (G) Cab and bed of a pick-up truck, the commissioner shall promptly conduct an initial inspection on each such motor vehicle prior to the issuance of a certificate of title for the motor vehicle. The initial inspection shall include, but shall not be limited to, verification of the vehicle identification number, verification of the bills of sale or title for the major components, verification in regard to rebuilt vehicles that the word 'rebuilt' is permanently affixed as required by subsection (d) of this Code section, verification that the vehicle was rebuilt in the State of Georgia, and, if the vehicle has been repaired, verification that the motor vehicle conforms to all safety equipment standards required by law. The commissioner shall be authorized to charge a fee of $1 00.00 for each initial inspection of each motor vehicle. In the event a motor vehicle fails an inspection, a fee of$1 00.00 shall be charged for each subsequent reinspection. The commissioner may conduct

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any such initial inspection and any required reinspections even though the motor vehicle may have been previously inspected under this Code section. (2) If, upon inspection under paragraph (1) of this subsection, it is determined that the motor vehicle is not in full compliance with the law, the commissioner shall refuse to issue a certificate of title until compliance is reached. The commissioner may order additional, corrective repairs to such vehicle as a condition of issuance of a certificate oftitle. (c) All applications submitted pursuant to this Code section shall be accompanied by one or more photographs of the motor vehicle in its salvaged condition before any repairs have been made to such vehicle, which photographs shall be used by the commissioner in his or her inspections of the vehicle pursuant to this Code section. Any person who rebuilds or repairs a salvage motor vehicle shall submit an application for a certificate of title and obtain an inspection of such vehicle prior to tl1e painting ofsuch vehicle.
(d)(l)(A) Upon inspection under subsection (b) of this Code section, if it is determined that the motor vehicle has been restored to an operable condition by the replacement of two or more major component parts, a certificate of title may be issued for such motor vehicle which shall contain the word 'rebuilt' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a rebuilt motor vehicle. If any such inspection determines that the motor vehicle shall require the replacement of less than two major component parts in order to restore the motor vehicle to an operable condition, a certificate of title shall be issued for such motor vehicle which shall contain the words 'salvaged-repaired' on its face in such manner as the commissioner shall prescribe. This requirement will indicate to all subsequent owners of the motor vehicle that such is a salvaged-repaired motor vehicle. (B) If it is determined that the motor vehicle required or shall require the replacement of two or more major component parts in order to restore the motor vehicle to an operable condition, the person, firm, or corporation restoring or owning such motor vehicle shall cause the word 'rebuilt' to be permanently affixed to said motor vehicle after inspection by the commissioner. The word 'rebuilt' shall be affixed in a clear and conspicuous manner to the door post or such other location as the commissioner may prescribe. The word 'rebuilt' shall be stamped on the motor vehicle or shall be stamped on a metal plate which shall be riveted to the motor vehicle or shall be permanently affixed to the motor vehicle iii such manner as the commissioner may prescribe. The requirement of this subparagraph shall only apply to motor vehicles restored after November I, 1982. (2) Upon inspection by the commissioner and compliance with paragraph (2) of subsection (b) of this Code section, if it is determined that the motor vehicle does not require the replacement of two or more major components or has not had two or more major components changed, a certificate of title shall be issued and shall contain the words 'salvaged-repaired' on its face.

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(3) If, after the initial inspection, the connnissioner determines that the damage is so extensive that returning such vehicle to a safe, operable condition is impossible, the salvage certificate shall be revoked and such vehicle may only be used for scrap or parts. A vehicle for which such a determination is made shall not be issued a title under any circumstances or conditions including but not limited to obtaining of a surety bond."

SECTION4. Code Section 43-47-2 of the Official Code of Georgia Annotated, relating to definitions relative to the "Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers Registration Act," is an1ended by striking paragraph (11) and inserting in lieu thereofthe following:
'( 11) 'Rebuilder' means any person, partnership, limited liability company, firm, or corporation engaged in the business of buying salvage or wrecked motor vehicles for the purpose of restoring or rebuilding them with used or new motor vehicle parts, or both, to be sold as motor vehicles."

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

Approved May 13, 2004.

REVENUE- MILITARY SERVICE- TIME EXTENSIONS.
No. 515 (Senate Bill No. 393).
AN ACT
To amend Chapter 5 ofTitle 48 of the Official Code of Georgia Annotated, relating tl ad valorem taxation of property, so as to provide for certain time extensions with respect to ad valorem taxation for certain members of the armed forces of the United States; to change certain provisions regarding the time for making homestead exemption applications; to provide for additional appeal procedures with respect to taxpayers who are absent due to military service; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking the "Reserved" designation of

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Code Section 48-5-30 and inserting in its place a new Code Section 48-5-30 to read as follows:
"48-5-30. Notwithstanding any provision of Code Section 48-5-7.1 or 48-5-7.4 to the contrary, a member of the armed forces of the United States serving outside the continental United States may file such member's initial or renewal application for special assessment at any time within a period of six months following the return ofsuch member to the continental United States."

SECTION2. Said chapter is further amended by striking Code Section 48-5-45, relating to homestead exemption applications, and inserting in its place a new Code Section 48-5-45 to read as follows:
"48-5-45. (a)(l) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 and qualifying under the provisions of Code Section 48-5-40 shall file a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation at any time during the calendar year subsequent to the property becoming the primary residence of the applicant up to and including March 1 ofthe following year. (2) The failure to file properly the application and schedule on or before March I of a calendar year in which the taxes are due shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year.
(b) The owner of a homestead which is actually occupied by the owner as a residence and homestead shall not have to apply for the exemption more than once so long as the owner remains in continuous occupation of the residence as a homestead. The exemption shall automatically be renewed from year to year so long as the owner continuously occupies the residence as a homestead. (c) It is unlawful for any person, firm, or corporation to solicit, either directly or by mail or advertisement, any other person for the purpose of filing on behalf of such other person the application and schedule for homestead exemption required by this Code section if a fee is charged for filing such application and schedule on behalf of such other person. A violation of this subsection shall be a misdemeanor."

SECTION3. Said chapter is further amended in Code Section 48-5-311, relating to the creation of county boards of equalization and ad valorem tax appeals, by adding a neW
subsection at the end thereof, to be designated subsection (1), to read as follows: "(l) Military service. In the event of the absence of an individual from such individual's residence because of duty in the armed forces, the filing
requirements set forth in subparagraph (e)(2)(A) of this Code section and
paragraph (2) of subsection (t) of this Code section shall be tolled for a period of

GEORGIA lAWS 2004 SESSION

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90 days. During this period any member of the immediate family of the individual, or a friend of the individual, may notifY the tax receiver or the tax connnissioner of the individual's absence due to military service and submit written notice of representation for the limited purpose of the appeal. Upon receipt of this notice, the tax receiver or the tax commissioner shall initiate the appeal."

SECTION 4. (a) Section I, Section 3, this section, and Section 5 of this Act shall become effective upon their approval by the Governor or upon its becoming law without such approval. (b) Section 2 ofthis Act shall become effective June I, 2005.

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

Approved May 13,2004.

FOOD AND DRUGS- MILK STANDARDS.
No. 516 (Senate Bill No. 401).
AN ACT
To amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, so as to change certain provisions relating to standards and requirements generally; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to milk and milk products, is amended by striking Code Section 26-2-238, relating to standards and requirements generally, and inserting in lieu thereof the following:
'26-2-238. The standards and requirements of the May, 2003, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Public Health Service- Food and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to

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said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

BANKS AND BANKING- FINANCIAL SERVICES; LEASES; CREDIT COMMITTEES; MONEY SERVICE BUSINESS; MORTGAGE
LENDERS AND BROKERS.
No. 517 (Senate Bill No. 405).
AN ACT
To amend Chapter I of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for financial institutions to offer financial services to customers consistent with procedures of the Department of Banking and Finance; to authorize the department to enter into agreements with other regulatory authorities; to authorize banks to lease real or personal property; to authorize loan officers to serve as credit committees; to prohibit licensing of certain persons convicted of certain crimes; to increase the record-keeping time requirement; to change a certain definition; to require financial institutions and money service businesses to comply with federal law; to establish requirements for regulation for mortgage lenders and brokers; 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 I of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking subsection (a) of Code Section 7-1-72, relating
to regulation of persons perfonning financial services for financial institutions, and
inserting in its place the following: '(a) Notwithstanding other provisions oflaw and consistent with the objectives of this chapter as set forth in Code Section 7-l-3 and subject to the procedures provided in regulations of the department, a financial institution may provide
financial services to its customers either directly or through employment of duly
licensed persons provided such financial institution or its licensed employee or agent has qualified rmder other laws otherwise applicable to other providers of such financial services."

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SECTION2. Said chapter is further amended by striking subsection (a) of Code Section 7-1-78, relating to cooperative or reciprocal agreements with other state or federal regulatory authorities, and inserting in its place the following:
(a) The department may, at its discretion, enter into cooperative or reciprocal agreements with other regulatory authorities and may furnish to such authorities information contained in the examinations, reports, and institution files, provided the information is to be used for confidential, regulatory purposes."

SECTION3. Said chapter is further amended in Code Section 7-1-282, relating to direct leasing of personal and real property by banks, by striking "and" at the end of paragraph (1), by striking the period and inserting in lieu thereof "; and" at the end of paragraph (2), and by adding a new paragraph (3) to read as follows:
'(3) Become the owner and lessor ofreal property acquired upon the specific request and for the use of a customer or an affiliate thereof and may incur such additional obligations as may be incidental to becoming an owner and lessor of such property. The lessee, or an affiliate thereof, shall be responsible for any and all construction ofbuildings or other improvements related to such real property. Any lease with respect to such real property shall provide that the lessee thereof shall be responsible for maintaining the property, insuring the property, and paying real estate taxes related to the property. At the end of any lease, the bank shall, within six months, enter into a new lease with respect to the property or dispose of it. The leasing shall be subject to credit approval by the bank in a manner substantially similar to a loan and shall constitute an indebtedness under Code Section 7-1-285 and shall be subject to the lending limitations of such Code section. The assignment of any purchase contract, or the right to purchase real property thereunder, by the lessee or an affiliate thereof to the bank shall not affect the entitlement of any real estate broker to any real estate brokerage commissions owing upon the sale of such real property."

SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 7-1-63 3, relating to the organizational meeting of the board of directors of a credit union, and inserting in its place the following:
'(a) Within 30 days after receipt of the certificate of incorporation from the Secretary of State, an organizational meeting of the board of directors named in the articles of incorporation shall be held for the purpose of accepting the certificate and bylaws, appointing a credit committee or, in lieu thereof, loan officers and a supervisory committee, and electing or appointing the officers, as provided in Code Section 7-1-65 5, who shall serve until the first directors' meeting after the first annual meeting. Notice of the meeting shall be given at least five days prior to the date of the meeting."

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SECTIONS. Said chapter is further amended by striking subsections (a), (b), and (f) of Code Section 7-1-658, relating to procedures for issuance ofloans by credit unions, and inserting in their place the following:
"(a) Credit unions may lend money to their members at reasonable rates of interest, which shall not exceed 1 1/4 percent each month on the unpaid balance, or such greater rates as shall be authorized for other financial institutions for such purposes as may be approved by the credit committee. (b) Loans shall be supervised as follows:
(I) The credit committee shall have the general supervision of all loans to members. The credit committee shall hold such meetings as the business ofthe credit union may require and not less frequently than once each quarter to consider applications for loans. Reasonable notice of such meetings shall be given to all members of the committee. Actions of the credit committee shall be reported to the board in such form as the board shall prescribe at each regular meeting of the board. No loan shall be made unless it is approved by a m~jority ofthe entire committee, except as provided in this Code section; (2) The credit committee may appoint one or more employees to be loan officers and delegate to such persons the power to approve or disapprove loans subject to such limitations or conditions as the credit committee prescribes. Records of loans approved shall be maintained in such form as the credit committee shall prescribe and shall be made available to the credit committee upon request. All loans in excess of 50 percent of a credit union s maximum loan limitation or such lower limit as the credit committee shall establish shall be acted upon by the credit committee. The credit committee may not appoint more than one of its members to be a loan officer. No person shall have the authority to disburse funds of the credit union for any loan which has been approved by such person; (3) In lieu of a credit committee, the board of directors may appoint one or more loan officers and delegate to such persons the power to approve or disapprove loans subject to such limitations or conditions as the board prescribes. All other duties of the credit committee as described in this article shall become the duties of the board of directors. Records of loans approved shall be maintained by the loan officers in such form as the board shall prescribe and a listing of all loans made, including the name of the borrower: and the amount of the loan, shall be submitted to the board at each meeting; and (4) Members may appeal a credit decision made by a loan officer to the credit
committee or to the board if denied by the credit committee. Where there is no
credit committee, appeal shall be made to the board." '(f) Approval of loans by the credit committee shall be evidenced, prior to disbursement of the loan proceeds, by a writing signed by a committee membft stating that the committee has approved the loan. If the board appoints loaD officers in lieu of a credit committee, it shall establish policies for approval 'of loans by those loan officers."

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SECTION6. Said chapter is further amended by striking subsection (c) ofCode Section 7-1-682, relating to qualifications of applicants for licenses to sell checks or money orders, investments required, and obtaining conviction data concerning the applicants, and mserting in its place the following:
'(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 thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, wuess and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted ofthe crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. The term 'substantial stockholder' as used in this subsection shall be deen1ed 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."

SECTION7. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 7-1-687.1, relating to maintenance and retention of books, accounts, and other records, and inserting in its place the following:
'(a) Each licensee shall make, keep, and reserve the following books, accounts, and other records for a period of five years:"

SECTIONS. Said chapter is further amended by striking subsection (b) of Code Section 7-1-7 02, relating to background investigations of applicants for licenses to cash checks, drafts, or money orders, effect of past convictions, conviction data, license posting requirements, and term oflicenses, and inserting in its place the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(b) The department shall not issue such a 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 and regardless of whether first offender treatment without adjudication of guilt pursuant to the charge was entered, unless and until such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or until probation, sentence, or both probation and sentence of a first offender have been successfully completed and documented or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received an official certification or pardon granted by the State Board of Pardons and Paroles which removes the legal disabilities resulting from such conviction and restores civil and political rights in this state. 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."

SECTION9. Said chapter is further amended by striking subparagraph (F) of paragraph (6) of Code Section 7-1-911, relating to definitions relative to records and reports of currency transactions, and inserting in its place the following:
"(F) A licensee under Article 4 or Article 4A of this chapter and such other persons as may be engaged in the business of
(i) Cashing checks for a fee; or (ii) Performing transactions by wire or other electronic means to facilitate the movement or transfer ofmoney."

SECTION 10. Said chapter is further amended by striking paragraph (1) of subsection (a) ofCode Section 7-1-912, relating to records and reports of certain currency transactions, regulations governing currency transactions, commissioner s authority to examine
or investigate under Code Section 7-1-64, prohibited acts, and definitions, and
inserting in its place the following: "(a)(1) Financial institutions and other money service businesses are required by state law to comply with the filing, reporting, and record-keeping

GEORGIA lAWS 2004 SESSION

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requirements provided for in federal law. The department may promulgate regulations that specifY additional requirements for currency transaction reports, record keeping, and suspicious activity reports."

SECTION 11. Said chapter is further amended by striking subsection (a) of Code Section 7-I-1003.2, relating to financial requirements for licensing and registration of mortgage lenders and mortgage brokers, and inserting in its place 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 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. The bond and the United States Department of Housing and Urban Development requirements are continuous in nature."

SECTION 12. Said chapter is further amended by striking Code Section 7-1-1003.3, relating to application for registration as a mortgage lender or mortgage broker, and inserting in its place the following:
'7-1-1 003.3. An application to register as a mortgage lender or broker under this article shall be made annually in writing, under oath, on a form provided by the department, subject to requirements specified by rules and regulations ofthe department."

SECTION 13. Said chapter is further amended by striking subsection (i) of Code Section 7-1-1004, relating to the investigation of applicants for mortgage lender or mortgage broker licenses, and inserting in its place the following:
'(i) The department may not issue a license to and may revoke a license from an applicant or licensee if such person employs any other person against whom a final cease and desist order has been issued within the preceding three years, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage buc;iness without a required license, or whose license has been revoked within three years of the date such person was hired. Each applicant and licensee shall, before hiring an employee, examine the department's public records to determine that such employee is not subject to the type of cease and desist order desc,Tibed in this subsection."

SECTION 14. Said chapter is further amended by striking subsections (a) and (b) ofCode Section 7-1-10 I0, relating to annual financial statements ofmortgage brokers, and inserting in their place the following:

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"(a) If a mortgage broker is a United States Department of Housing and Urban Development loan correspondent, such broker must also submit to the department the audit that is required for the United States Department of Housing and Urban Development. The department may require the mortgage broker to have made an audit of the books and affairs ofthe licensed or registered business and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is complying with the provisions of this article and the rules and regulations adopted in furtherance ofthis article. (b) Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department at renewal an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. A lender who utilizes a bond in lieu of an audit need not supply such audit, unless specially required by the department. An audit must be less than 15 months old to be acceptable. The department may by regulation establish additional minimum standards for audits and reports under this Code section."

SECTION 15. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

REVENUE- FREEPORT EXEMPTION; RENEWAL NOTICE; PERSONAL PROPERTY AD VALOREM TAX;
ASSESSMENT UMITS.
No. 518 (Senate Bill No. 453).
AN ACT
To amend Chapter 5 ofTitle 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for renewal notice procedures applicable to the freeport personal property inventory exemption; to provide for periods of limitation with respect to assessment of ad valorem taxes with respect to personal property; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2004 SESSION

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended in Code Section 48-5-48.1, relating to procedures applicable to the freeport personal property inventory exemption, by adding a new subsection at the end thereof, to be designated subsection (e), to read as follows:
'(e) If the tangible personal property inventory exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely application and schedule by the taxpayer for such taxable year."

SECTION2. Said chapter is further amended by adding a new Code section immediately following Code Section 48-5-300, to be designated Code Section 48-5-300.1, to read as follows:
'48-5-300.1. (a) Except as otherwise provided in this Code section or this title, the amount of any tax imposed under this chapter with respect to personal property may be assessed at any time. (b) Except as otherwise provided by subsection (c) ofthis Code section or by this title, in the case where a return or report is filed or deemed to be filed for personal property, the amount of any tax imposed by this chapter shall be assessed within three years from the date the original tax bill was paid, unless such personal property in question is tl1e subject of an audit by the board of tax assessors. (c) Except as otherwise provided by this title, in the case of a false or fraudulent personal property tax return or report filed with the intent to evade tax, or if the property owner has been notified of a pending audit of personal property, the amount of any tax imposed by this chapter may be assessed at any time. (d) Where, before the expiration of the time prescribed in this Code section for the assessment of any tax imposed by this chapter with respect to personal property, both tl1e board of tax assessors and the person subject to assessment have consented in writing to its assessment after such time, the tax may be assessed at any time prior to the expiration of the agreed upon period. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the previously agreed upon period. The board of tax assessors is authorized in any such agreement to extend sinlilarly the period within which a clainl for refi.md may be filed. (e) If a clainl for refi.md of such taxes paid for any taxable period is filed witl1in the last six montl1s of tl1e period during which the board of tax assessors may

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GENERAL ACTS AND RESOLUTIONS, VOL. I

assess the amount of such taxes, the assessment period shall be extended for a period of six months beginning on the day the claim for refund is filed. (f) No action without assessment shall be brought for the collection of any such tax after the expiration ofthe period for assessment.'

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

COURTS - DOMESTIC RELATIONS EVIDENCE- SEXUAL ASSAULT VICTIMS;
ASSISTANCE; PROTOCOLS.
No. 519 (Senate Bill No. 457).
AN ACT
To amend Titles 15, 19, and 24 of the Official Code of Georgia Annotated, relating respectively to courts, domestic relations, and evidence, so as to provide for improved assistance to sexual assault victims; to change provisions relating to district attorney investigators; to change provisions relating to victim assistance coordinators; to provide for definitions; to provide for a sexual abuse protocol committee; to provide for written sexual assault protocol; to provide for duties and responsibilities of a sexual assault protocol committee; to change provisions relating to the child abuse protocol committee; to provide for written sexual assault and exploitation of children protocol; to change provisions relating to disclosure of medical records; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (2) of subsection (c) of Code Section 15-18-14.1, relating to district attorney investigators, and inserting in lieu thereofthe following:
'(2) Assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that victims of crime are apprised of the rights afforded them under Chapter 14 of Title 17, relating to restitution to victims of crime, Chapter 17 of Title 17, relating to the 'Crime Victims Bill of Rights,' Chapter 18 of Title 17, relating to providing a written statement of information to victims ofrape or forcible sodomy, and Code Section 24-9-61.1' relating to the presence of crime victims in the courtroom;'

GEORGIA LAWS 2004 SESSION

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SECTION2. Said title is further amended by striking subsection (a) of Code Section 15-18-14.2, relating to vk'tim assistance coordinators, and inserting in lieu thereof the
tollowing:
'(a) Subject to such fimds as may be appropriated by the General Assembly or
which are otherwise available to the State of Georgia for such purpose, the district attorney is authorized to t.mploy a victim assistance coordinator and such other victim assistance personnel as may be necessary to assist the district attorney in carrying out the duties imposed by Chapters 15, 17, and 18 of Title 11 relating to the rights of victims of crime or other laws of this state relating to the rights of victims of crimes. Any such personnel shall be compensated by the state in the same manner as other state paid personnel appointed pursuant to this
article from such fimds as may be appropriated for such purpose or as are
otherwise available for such purpose. Such personnel shall also be authorized to receive the same fringe benefits as other state paid personnel.

SECTION3. Said title is further amended by adding a new chapter to the end of the title to read as fullows:

'CHAPTER24

15-24-1. As used in this chapter, the term:
(1) 'Protocol committee' or 'committee' means a multidisciplinary, multiagency sexual assault committee established for a com1ty pursuant to Code Section 15-24-2. The protocol committee is charged with developing local protocols to investigate and prosecute alleged cases of sexual assault. (2) 'Sexual assault' means rape, sodomy, aggravated sodomy, incest, sexual battery, and aggravated sexual battery as those terms are defined in Chapter 6 ofTitle 16.

15-24-2. (a) Each judicial circuit shall be required to establish a sexual assault protocol as provided in this Code section. (b) The chief superior court judge of each judicial circuit shall establish a sexual assault protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting. The chief superior court judge shall appoint persons to fill any vacancies on the committee. Thus established, the committee shall thereafter elect a chairperson from its membership.
(c)( 1) Each of the following agencies of the judicial circuit shall designate a representative to serve on the committee:
(A) The office ofthe sheriffof each sheriffs office in the judicial circuit; (B) The office of the district attorney;

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(C) The magistrate court; (D) The office of the chief of police of a coooty of each coooty within the judicial circuit in coooties which have a coooty police department; (E) The office ofthe chief of police of the largest mWlicipality in the coooty of each coooty within the judicial circuit; and (F) The coooty board ofhealth of each coooty within the judicial circuit. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate: (A) A local citizen ofthe judicial circuit; (B) A representative of a sexual assault or rape crisis center serving the judicial circuit or, ifno such center exists, then a local citizen; and (C) A health care professional who performs sexual assault examinations within the judicial circuit or, ifno such person exists, then a local citizen. (3) If any designated agency fails to carry out its duties relating to participation on the committee, the chief superior court judge ofthe circuit may issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for pWlislnnent as for contempt of court. (d) The protocol committee shall adopt a written sexual assault protocol, a copy of which shall be furnished to each agency in the judicial circuit that handles cases of sexual assault. The protocol shall be a written document outlining in detail the procedures to be used in investigating, collecting evidence, paying for expenses related to evidence collection, and prosecuting cases arising from alleged sexual assault. The protocol may provide for different procedures to be used within particular mWlicipalities or coooties within the judicial circuit. The protocol committee shall adopt a written sexual assault protocol no later than December 31, 2004. The protocol committee may incorporate sexual assault protocols used in the judicial circuit as they existed on or before July 1, 2004. (e) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in sexual assault cases so as to increase the efficiency of all agencies handling such cases and to minimize the stress created for the alleged sexual assault victim by the legal and investigatory process; provided, however, that a failure by an agency to follow the protocol shall not constitute an affirmative or other defense to prosecution of a sexual assault, nor shall a failure by an agency to follow the protocol give rise to a civil cause of action. (f) Upon completion of the writing of the sexual assault protocol, the protocol committee shall continue in existence and shall meet at least annually for the purpose of evaluating the effectiveness of the protocol and appropriately modifYing and updating same."

SECTION 4. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by adding a new subsection to the end ofCode Section 19-15-2, relating to child abuse protocol committees, to read as follows:

GEORGIA LAWS 2004 SESSION

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(k) The protocol committee shall adopt a written sexual abuse and exploitation protocol which shall be filed with the Division of Family and Children Services of the Department ofHwnan Resources and the Office of the Child Advocate for the Protection of Children, a copy of which shall be furnished to each agency in the county handling the cases of sexually abused or exploited 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 sexual abuse and exploitation and the procedures to be followed concerning the obtainment of and payment for sexual assault examinations. Each protocol committee shall adopt or amend its written sexual abuse and exploitation protocol no later than December 31, 2004. The protocol may incorporate existing sexual abuse and exploitation protocols used within the county. The protocol adopted shall be consistent with the policies and procedures of the Division of Family and Children Services of the Department of Hwnan Resources. A failure by an agency to follow the protocol shall not constitute an affirmative or other defense to prosecution of a sexual abuse or exploitation offense, nor shall a failure by an agency to follow the protocol give rise to a civil cause of action."

SECTIONS. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by adding a new paragraph to Code Section 24-9-41, relating to definitions in the disclosure ofmedical records, to read as follows:
'(6.1) 'Nurse' means a person authorized by license issued under Chapter 26 of Title 43 as a registered professional nurse or licensed practical nurse to practice nursing."

SECTION6. Said title is further amended by striking Code Section 24-9-42, relating to the disclosure ofmedical records, and inserting in lieu thereofthe following:
'24-9-42. The disclosure of confidential or privileged medical matter constituting all or part of a record kept by a health care facility, a nurse, or a physician, pursuant to laws requiring disclosure or pursuant to limited consent to disclosure, shall not serve to destroy or in any way abridge the confidential or privileged character thereof, except for the purpose for which such disclosure is made.n

SECTION?. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CONSERVATIONMETROPOLITAN NORTH GEORGIA
WATER PLANNING DISTRICT; MEETINGS; DUES.

No. 520 (Senate Bill No. 459).

AN ACT

To amend Article 10 of Chapter 5 of Title 12 of the Official Code of Georgia
Annotated, relating to the Metropolitan North Georgia Water Planning District, so as to change the minimwn nwnber of meetings of the board; to change the minimwn amoWit of dues payable by coWities and cities; 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 12 of the Official Code of Georgia Annotated, relating to the Metropolitan North Georgia Water Planning District, is amended by striking subsection (a) of Code Section 12-5-576, relating to open meetings, quorwn, voting, and executive sessions, and inserting in lieu thereof the following:
"(a) The board shall meet at least three times per year at a time and place set forth in the minutes of the district and at such other times as the chairperson may direct. All such meetings shall be open to the public.

SECTION2. Said article is further amended by striking subsection (b) ofCode Section 12-5-577, relating to an operating budget, sources of funding, power to enter into contracts and to expend funds, and depositing, and inserting in lieu thereofthe following:
'(b) FWiding for the district operations shall be derived from the following sources:
(1) Dues paid by cities and coWities within the district such that the aggregate total of all such dues from all such cities and coWities shall be no less than $500,000 annually. Such fees shall be raised on a per capita assessment or water-usage fee basis or based on a formula adopted and approved by the local government members of the district; and (2) Appropriated or contracted state funds:

SECTION3. All laws and parts oflaws in conflict with tins Act are repealed.

Approved May 13,2004.

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471

MOTOR VEHICLES REGISTRATION; TITLES;
UCENSES.

No. 521 (Senate Bill No. 461 ).

AN ACT

To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain provisions relating to records of certificates of registration and certificates of title; to change the length of Georgia residency required to obtain a veteran s license; to change certain provisions relating to furnishing of information; to change certain provisions relating to suspension of drivers' licenses; to provide that a suspension date shall connnence on the date the license is surrendered to the department or a court or on the date that the court processes the citation or conviction; to provide that the department shall destroy suspended or revoked driver s licenses, pennits, or identification cards; to provide fur related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Said chapter is further amended in Code Section 40-5-53, relating to when courts to send licenses and reports of convictions to the department and retention of license by the department, by striking subsection (a) and inserting in its place the fullowing:
'(a) Whenever any person is convicted of any offense for which this chapter makes mandatory the suspension of the license of such person by the department, the court in which such conviction is had shall require the surrender to it of any driver s license then held by the person so convicted and the court shall thereupon forward the same to the department, together with the uniform citation form authorized by Article 1 of Chapter 13 of this title, within ten days after the conviction. Notwithstanding any other provision of this title, the department shall destroy any suspended or revoked drivers licenses, pennits, or identification cards forwarded to it under this or any other provision oflaw. The department shall issue a new driver s license, pennit, or identification card upon satisfaction of the applicable reinstatement requirement, including but not limited to the payment of the applicable reinstatement fee. No additional fee shall be required for the issuance of a replacement driver s license, permit, or identification card."

SECTION2. Said chapter is further amended in Code Section 40-5-57, relating to suspension or revocation of license of habitually negligent or dangerous driver and point system, by striking subsection (e) and inserting in its place the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"(e) The periods of suspension provided for in this Code section shall begin on the date the license is surrendered to and received by the department, from the date a license is surrendered to a court under any provision of this chapter, or on the date that the department processes the citation or conviction, whichever date shall first occur. If the license cannot be surrendered to the department, the period of suspension may begin on the date set forth in a sworn affidavit setting forth the date and reasons for such impossibility, if the department shall have sufficient evidence to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit shall be controlling."

SECTION3. Said chapter is further amended in Code Section 40-5-57.1, relating to suspension of licenses of persons under age 21 for certain offenses, suspension of licenses of persons under age 18 for certain point accumulations, and issuance of new license following suspension, by striking paragraph (1) of subsection (b) and inserting in its place the following:
"(1) Subject to the requirements of subsection (c) of this Code section and
except as otherwise provided by paragraph (2) ofthis subsection: (A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver s license reinstated after six months; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to successful recompletion of the examination requirements of Code Section 40-5-27 and payment of required fees, have his or her driver s license reinstated after 12 months; or".

SECTION4.
Said chapter is further amended in Code Section 40-5-61, relating to surrender and
return of license, by striking subsection (e) and inserting in its place the following: "(e) For the purpose of making any determination under this Code section relating to the return of revoked or suspended licenses to drivers, the period of revocation or suspension shall begin on the date the license is surrendered to the department or a court of competent jurisdiction under any provision of this chapter or on the date that the department processes the citation or conviction. whichever date shall first occur. If the license is lost, or for any other reason surrender to the department is impossible, the period of revocation or suspension
may begin on the date set forth in a sworn affidavit setting forth the date and
reasons for such impossibility, if the department shall have sufficient evidence
to believe that the date set forth in such affidavit is true; in the absence of such evidence, the date of receipt of such affidavit by the department shall be
controlling."

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473

SECTIONS. Said chapter is further amended in Code Section 40-5-62, relating to periods of revocation and conditions to restoration of license or issuance of new license, by strikffig paragraph ( l) ofsubsection (a) and inserting in its place the following:
'(1) Five years from the date on which the revoked license was surrendered to and received by the department pursuant to a person s having been declared a habitual violator under Code Section 40-5-58 or from the date on which the department processed the citation or conviction, reduced by a period of time equal to that period of time which elapses between the date the person surrenders his driver s license to the court after conviction for the offense for which the person is declared a habitual violator and the date the department receives such license from the court; or".

SECTION6. Said chapter is further amended in Code Section 40-5-64, relating to limited driving
permits for certain offenders, by striking subsection (e) and inserting in its place the
fOllowing: '(e) Duration ofpermit. A permit issued pursuant to this Code section shall be $25.00 and shall be nomenewable and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.l) of Code Section 40-5-22, upon the expiration of one year following the effective date of suspension of the applicant's driver s license in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, upon the expiration of 120 days following conviction in the case of a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, upon the expiration of 30 days in the case of an administrative license suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months following proof of installation of an ignition interlock device in the case of a limited driving permit issued to a person subject to a court. order for installation and use of such a device pursuant to Article 7 of Chapter 8 of Title 42; except that such limited driving permit shall expire upon any earlier reinstatement of the driver s license. A person may apply to the department for a limited driving permit immediately following such conviction if he or she has surrendered his or her driver s license to the court in which the conviction was adjudged, to the department, or if the department has processed the citation or conviction. Upon the applicant's execution of an affidavit attesting to such facts and to the fact that the court had not imposed a suspension or revocation ofhis or her driver s license or driving privileges inconsistent with the driving privileges to be conferred by the limited driving permit applied for, the department may issue such person a limited driving permit."

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION?. Said chapter is further amended in Code Section 40-5-75, relating to suspension of licenses by operation of law, by striking subsection (b) and inserting in its place the following:
"(b) Whenever a person is convicted of possession, distribution, manufacture, cultivation, sale, transfer ot: the attempt or conspiracy to possess, distribute, manufacture, cultivate, sell, or transfer a controlled substance or marijuana, or driving or being in actual physical control of any moving vehicle while under the influence of such substance in violation of subsection (b) of Code Section 16-13-2, subsection (a), (b), or (j) of Code Section 16-13-30, or Code Section 16-13-33; paragraph (2), (4), or (6) of subsection (a) of Code Section 40-6-391; or the law of any other jurisdiction, the court in which such conviction is had shall require the surrender to it of any driver's license then held by the person so convicted and the court shall thereupon forward such license and a copy of its order to the department within ten days aft.er the conviction. The periods of suspension provided for in this Code section shall begin on the date of surrender ofthe driver s license or on the date that the department processes the conviction or citation, whichever shall first occur.

SECTIONS. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking Code Section 40-2-130, relating to records of certificates of registrations, and inserting in its place the following:
"40-2-130. (a) A record of certificates of registration shall be maintained by the commissioner or the commissioner s duly authorized county tag agent All certificates ofregistration shall be issued:
(1) Under a distinctive tag registration number assigned to the vehicle; (2) Under the identifYing number ofthe vehicle; (3) Alphabetically, under the name ofthe owner; (4) Under the vehicle title number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. (b) The commissioner is authorized and empowered to provide for photographic and photostatic recording of certificate of registration records in such manner as he may deem expedient The photographic or photostatic copies authorized in this subsection shall be admitted in evidence in all actions and proceedings to the same extent that the originals would have been admitted. (c) The motor vehicle registration records which the commissioner 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, subject to subsection (d) of this code section, the records may be disclosed tor use a<; provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following: (1) Any licensed dealer ofnew or used motor vehicles;

GEORGIA LAWS 2004 SESSION

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(2) Any tax collector, tax receiver, or tax commissioner; (3) The director of the Enviromnental Protection Division of the Department of Natural Resources or his or her designee; and (4) Any private person who has met the requirements of Code Section 40-2-25, provided that the information shall be used for the sole purpose of effectuating the registration or renewal of motor vehicles by electronic or similar means and that the private person requesting the information has entered into an agreement to provide electronic services to the commissioner or a county tag agent; provided, further, that the information made available pursuant to this paragraph for such purpose shall be limited to the vehicle identification number, the license tag number, the date of expiration of registration, and the amount oftax owed. (d) Except as otherwise required in the federal Driver s Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished under paragraphs (1) through (4) of subsection (c) of this Code section shall be limited to the natural person s name, address, and driver identification number. The personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates.'

SECTION9. Said title is further amended by striking Code Section 40-3-23 of the Official Code of Georgia Annotated, relating to issuance of certificate of title, maintenance of record of certificates issued, public inspection, furnishing records for fee, and publishing statistical reports, and inserting in its place the following:
'40-3-23. (a) The commissioner or the commissioner s duly authorized county tag agent shall file each application received and, when satisfied as to its genuineness and regularity and that the applicant is entitled to the issuance of a certificate of title, shall issue a certificate oftitle ofthe vehicle. (b) The commissioner or the commissioner s duly authorized county tag agent shall maintain a record of all certificates oftitle issued:
(1) Under a distinctive title number assigned to the vehicle; (2) Under the identifYing number ofthe vehicle; (3) Alphabetically, under the name ofthe owner; (4) Under the vehicle tag registration number; and (5) In the discretion of the commissioner, in any other method the commissioner determines. {c) The commissioner or the commissioner's duly authorized county tag agent is authorized and empowered to provide for photographic and photostatic recording of certificate of title records in such manner as the commissioner or the

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GENERAL ACTS AND RESOLUTIONS, VOL I

commissioner's duly authorized county tag agent may deem expedient. The photographic or photostatic copies authorized in this subsection shall be sufficient as evidence in tracing of titles of the motor vehicles designated therein and shall also be admitted in evidence in all actions and proceedings to the same extent that tlw originals would have been admitted. (d) The motor vehicle records which the commissioner or the commissioner's duly authorized county tag agent 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 tor public inspection; provided, however, that, subject to subsection (f) oftlris Code section, the records may be disclosed for use as provided in the federal Drivers Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, and by the following:
(I) Any licensed dealer ofnew or used motor vehicles; and (2) Any tax collector, tax receiver, or tax commissioner. (e) In addition to any public inspection of records authorized unda" subsection (d) of this Code section, motor vehicle records consisting of vehicle description, title status, title brands, last recorded nrileage, recorded liens, or recorded security interests which the commissioner or the commissioner's duly authorized county tag agent is required to maintain under this Code section shall, in such manner and under such conditions as prescribed by the commissioner, be furnished individually or in bulk to any person upon payment of a reasonable fee, for any purpose not otherwise prohibited by law, including without linlltation for the purpose of providing information to allow for informed motor vehicle
purchase and safety decisions. Records funrished in accordance with this
subsection may be subsequently transferred to third parties. Personal information of any registrant, including name, address, date of birth, or driver's license or social security number, shall not be funllshed or transferred by or to any person pursuant to this subsection. (f) Except as otherwise required in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. Chapter 123, personal information furnished unda" paragraphs (1) and (2) of subsection (d) ofthis Code section shall be linrited to the natural person s name, address, and driver identification number. lbe personal information obtained by a business under this Code section shall not be resold or redisclosed for any purposes other than those permitted under the federal Driver's Privacy Protection Act ofl994, 18 U.S.C. Chapter 123, without the written consent of the individual. Furnishing of information to a business under this Code section shall be pursuant to a contract entered into by such business and the state which specifies the consideration to be paid by such business to the state for such information and the frequency of updates."

SECTION 10. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 40-5-36, relating to veterans' licenses, honorary licenses, and other distinctive licenses, and inserting in its place the following:

GEORGIA lAWS 2004 SESSION

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'(I) Veterans who were residents of Georgia at the time of enlis1ment or commissioning and are residents at the time of application for the license, or who have been residents of Georgia for at least two years immediately preceding the date of application for the license, who served on active duty in the anned forces of the United States or on active duty in a reserve component ofthe anned forces ofthe United States, including the National Guard, during wartime or any conflict when personnel were committed by the President of the United States, whether or not such veteran was assigned to a unit or division which directly participated in such war or conflict, except for periodic transfer from reserve status to active duty status for training purposes, and who were discharged or separated under honorable conditions; and".

SECTION 11.
All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2004.

HEALTH- STATE OFFICE OF VITAL RECORDS;
CREATE.
No. 522 (Senate Bill No. 478).
AN ACT
To amend Chapter I0 of Title 3I of the Official Code of Georgia Annotated, relating to vital records, so as to revise certain definitions; to provide for the establishment ofthe State Office of Vital Records within the Depar1ment of Human Resources; to revise certain powers ofthe state registrar; to revise certain provisions relating to registration of births; to require immediate transmittal of a death Ctl'tificate to the state; to provide for certain changes relating to amendment of Ctl'tificates or reports; to provide that temporary guardians may receive certified copies of vital records; to revise certain provisions relating to fees for copies and lfi'Vices related to vital records; to change references to "vital records registration systml." to "State Office of Vital Records" throughout Chapter I0 of Title 3I; to provide for related matters; to provide an effective date; to repeal conflicting laws; IDd for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. G:hapter I0 of Title 3I of the Official Code of Georgia Annotated, relating to vital hlcords, is amended by striking paragraphs (5), (13), and (16) of Code Section

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GENERAL ACTS AND RESOLUTIONS, VOL. I

31-1 0-1, relating to definitions, and inserting in lieu thereof the following, respectively:
"(5) 'File' means the presentation of a vital record provided for in this chapter for registration by the State Office of Vital Records." '(13) 'Registration' means the acceptance by the State Office of Vital Records and the incorporation of vital records provided for in this chapter into the vital records registration system." "( 16) 'State registrar' means the person responsible fur the State Office of Vital Records and the state vital records registration system.

SECTION2. Said chapter is further amended by striking Code Section 31-10-2, relating to maintenance and operation ofthe vital records registration system, and inserting in lieu thereofthe following:
'31-1 0-2. There is hereby established within the department the State Office of Vital Records which shall maintain and operate the state s official vital records registration system. The system shall be in effect in all areas of the state, and the State Office of Vital Records shall provide for proper administration of the system and preservation of its records.

SECTION3. Said chapter is further amended by striking Code Section 31-10-5, relating to duties and powers of state registrar, and inserting in lieu thereofthe following:
"31-1 0-5. (a) The state registrar shall:
(I) Administer and enforce the provisions of this chapter and the rules and
regulations issued under this chapter and issue instructions for the efficitd administration of the State Office of Vital Records; (2) Direct and supervise the State Office of Vital Records and be custodian of its records;
(3) Direct, supervise, and control the activities of all persons when they aro
engaged in activities pertaining to the operation of the State Office of Vital Records; (4) Conduct training programs to promote uniformity of policy and procedures throughout the state in matters pertaining to the State Office of Vital Records; (5) Prescribe, furnish, and distribute such forms as are required by this chapS and the rules and regulations issued under this chapter or prescribe such other
means for transmission of data as will accomplish the purpose of complete and
accurate reporting and registration; (6) Prepare and publish reports of vital statistics of this state and such othet
reports as may be required by the department; and (7) Provide to local health agencies copies of or data derived from certificateS
.-o and reports required under this chapter, as the state registrar shall determine
necessary for local health planning and program activities. The state registtlll

GEORGIA LAWS 2004 SESSION

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shall establish a schedule with each local health agency for transmittal of the copies or data. The copies or data shall remain the property of the department, and the uses which may be made of them shall be governed by the state registrar. (b) The state registrar may establish or designate offices in the state to aid in the efficient administration ofthe State Office of Vital Records. (c) The state registrar may delegate such fimctions and duties vested in the state registrar to employees of the State Office of Vital Records and to employees of any office established or designated under subsection (b) ofthis Code section.

SECTION4. Said chapter is fwther amended by striking subsection (a) ofCode Section 31-10-6, relating to local registrars, local custodians, special abstracting agents, and duties,
and inserting in lieu thereof the following:
'(a) The state registrar may appoint a local registrar and local custodian for each county and a special abstracting agent as necessary. Appointees must meet the qualifications and perform the duties required by this chapter and regulations of the department. The state registrar may appoint local deputy registrars as necessary. A local registrar, subject to the approval of the state registrar, may appoint a deputy or deputies. A local custodian, subject to the approval of the state registrar, may appoint a clerk or clerks ofrecords.

SECTIONS. Said chapter is fwther amended by striking Code Section 31-10-9, relating to registration ofbirths, and inserting in lieu thereof the following:
'31-10-9. (a) A certificate of birth for each live birth which occurs in this state shall be filed with the State Office of Vital Records within five days after such birth and filed in accordance with this Code section and regulations ofthe department. (b) When a birth occurs in an institution or enroute thereto, the person in charge of such institution or that person s designated representative shall obtain the personal data, prepare the birth certificate, certifY that the child was born alive at the place and time and on the date stated either by signature or by an electronic process established or approved by the State Office of Vital Records, and file the certificate with the State Office of Vital Records. The physician or other person in attendance shall provide the medical information required by the certificate within 72 hours after the birth occurs. (c) Except as provided in subsection (b) ofthis Code section, when a birth occurs outside an institution, the certificate shall be prepared and filed by one of the fullowing in the indicated order of priority:
(I) The physician or certified nurse midwife in attendance at or immediately after the birth, or in the absence ofsuch person; (2) Any other person in attendance at or immediately after the birth, or in the absence of such a person;

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(3) The father, the mother, or in the absence of the father and inability of the mother, the person in charge ofthe premises where the birth occurred. (d) When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and the place where it is first removed shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or airspace or in a foreign coootry or its airspace and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined. (e) The name of the natural father or putative father shall be entered on the certificate of live birth as fullows: (I) If the mother was married either at the time of conception or at the time of birth, the name of the husband shall be entered on the certificate as the father of the child unless paternity has been determined otherwise by a court having jurisdiction, in which case the name of the father as determined by the court shall be entered; (2) If the mother is not married at either the time of conception or at the time of birth, the name of the putative father shall not be entered on the certificate of birth without the written consent of the mother and the person to be named as father; (3) In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and the surname of the child shall be entered on the certificate of birth in accordance with the finding and order ofthe court; (4) If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate; or (5) Except as provided in paragraph (3) of this subsection, in all other cases, the surname of the child shall be the legal surname ofthe mother at the time of the birth entered on the certificate as designated by the mother. When a paternity acknowledgment is completed, the surname of the child shall be entered as designated by both parents. (f) The birth certificate of a child born to a married woman as a result ofartificial insemination, with consent ofher husband, shall be completed in accordance with the provisions of subsection (e) of this Code section. (g) Either of the parents ofthe child, or other informant, shall verify the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the time period prescribed in subsection (a) of this Code section. (h) All birth certificates filed and registered must identify the recorded person
by name and the name of each legal parent of such person and the name of all
other persons required by this Code section or by regulation. No obscenities,
numbers, symbols, or other such nonidentifying name information will be
accepted. If a legal parent has not decided upon a first or middle name for the
child before the time limits established in this Code section, the birth record shall .

GEORGIA LAWS 2004 SESSION

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be registered without the child's first or middle name, or both, unless a court order provides otherwise.

SECTION6. Said chapter is further amended by striking subsections (c) and (d) of Code Section 31-10-15, relating to death certificates, and inserting in lieu thereof the following:
(c) The medical certification as to the cause and circwnstances of death shall be completed, signed, and returned to the fi.meral director or person acting as such
within 72 hours after death by the physician in charge ofthe patient's care for the
illness or condition which resulted in death, except when inquiry is required by Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.' In the absence of said physician or with that physician's approval the certificate may be completed and signed by an assoCiate physician, the chief medical officer of the institution in which death occurred, or the physician who perfurmed an autopsy upon the decedent, provided that such individual has access to the medical history of the case, views the deceased at or after death, and death is due to natural causes. (d) When death occurs without medical attendance as set forth in subsection (c) of this Code section or when inquiry is required by Article 2 of Chapter 16 of Title 45. the 'Georgia Death Investigation Act,' the proper person shall investigate the cause of death and shall complete and sign the medical certification portion ofthe death certificate within 30 days after being notified ofthe death:

SECTION7. Said chapter is further amended by striking Code Section 31-1 0-17, relating to state registration of death certificates and certified copies, and inserting in lieu thereof the following:
'31-10-17. (a) When a death certificate is filed with a local registrar, it shall be transmitted to the State Office of Vital Records for state registration immediately upon receipt. After registration and the assignment of a state file number, an authorized copy of the death certificate shall be returned to the local custodian. Certified copies of such death certificates may then be issued from the authorized copy by the local custodian. (b) After a death certificate is filed with a local registrar, but before the death certificate has been registered by the State Office of Vital Records, the local custodian shall be authorized to issue copies of the death certificate to be known as a 'certificate ofrecord.' Each certificate ofrecord shall have printed thereon the following: 'This is an exact copy of the death certificate received fur filing in - - - - , - - - - - County.' Such certificate ofrecord shall be signed by the local custodian and have the correct seal affixed thereto."

SECTIONS. Said chapter is further amended by striking Code Section 31-10-23, relating to amendment ofcertificates or reports, and inserting in lieu thereofthe fOllowing:

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'31-10-23. (a) Unless otherwise specified by law, a certificate or report registered Wlder this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specifY the minimum evidence required for a change in any certificate or report. Amendments to birth certificates, death certificates, and application supplement-marriage reports shall be completed by the department
and a copy mailed to the proper local custodian, if any. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the COWlty in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court ofthe coWlty in which the decree was granted. (b) A certificate or report that is amended Wlder this Code section shall be marked 'amended,' except as otherwise provided in this Code section. The date of amendment and a summary des"liption of the evidence submitted in support of the amendment shall be endorsed on or made a part of the record. The department shall prescribe by regulation the conditions Wlder which additions or minor corrections may be made to certificates or records within one year after the date ofthe event without the certificate or record being marked 'amended.'
(c)( I) Upon receipt of a certified copy of an order to legitimate a child, or an affidavit signed by the natural parents whose marriage had legitimated a child, the director shall register a new birth certificate if paternity was not shown on the original certificate. Such certificate shall not be marked 'amended.' (2) If paternity was shown on the original certificate, the record can be changed only by an order from a court of competent jurisdiction or the Office of State Administrative Hearings to remove the name of the person shown on
the certificate as the father and to add the name of the natural father and to
show the child as the legitimate child of the person so named. The order must specifY the name to be removed and the name to be added. (d) Upon receipt of a certified copy of an order from a superior court, probate court, or other court. of competent jurisdiction changing the name of a p~n born in this state and upon request of such person or such person s parents, guardian, temporary guardian, or legal representative, the state registrar shall amend the certificate of birth to show the new name. When the names of the parent or parents and the child are changed, the state registrar may register a new certificate if requested by the parents, guardian, temporary guardian, or legal representative. Such new certificate shall be marked 'amended.' (e) Upon receipt of a certified copy of a court order indicating the sex of an
individual born in this state has been changed by surgical procedure and that such
individual" s name has been changed, the certificate of birth of such individual shall be amended as prescribed by regulation. (f) An order from a superior court or probate court. shall be required to chall8e the year of birth shown on the original birth certificate by more than one year or to correct any item on a delayed birth certificate, or to remove the name of a father from a birth certificate on file. The person seeking such chall8e.

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correction, or removal shall institute the proceeding by filing a petition with the appropriate court in the cmmty of residence for an order changing the year of birth, correcting a delayed birth certificate, or removing the name of the father from a birth certificate on file. Such petition shall set forth the reasons therefor and shall be accompanied by all available documentary evidence. The court shall set a date for hearing the petition and shall give the state registrar at least ten
days' notice of said hearing. The state registrar or the authorized representative
thereof may appear and testifY in the proceeding. If the court from the evidence presented finds that such change, correction, or removal should be made, the judge shall issue an order setting out the change to be made and the date of the court's action. The clerk of such court shall forward the petition and order to the state registrar not later than the tenth day of the calendar month following the month in which said order was entered. Such order shall be registered by the state registrar and the change so ordered shall be made. (g) When an applicant does not submit the minimum documentation required in the regulations for amending a vital record or when the state registrar has reasonable cause to question the validity or adequacy of the applicant's sworn statements or the documentary evidence and ifthe deficiencies are not corrected, the state registrar shall not amend the vital record and shall advise the applicant of the reason for this action and shall further advise the applicant of the right of judicial appeal. (h) When a certificate or report is amended under this Code section, the state registrar shall report the amendment to the proper local custodian and their record shall be amended accordingly."

SECTION9. Said chapter is further amended by striking subsection (a) of Code Section 31-10-26, relating to certified copies of vital records, and inserting in lieu thereof the following:
'(a) In accordance with Code Section 31-10-25 and the regulations adopted pursuant thereto:
(1) The state registrar or local custodian of vital records appointed by the state registrar to issue certified copies upon receipt of a written application shall issue a certified copy of a vital record in that registrar's or custodian's custody or abstract thereof to any applicant having a direct and tangible interest in the vital record, except that certified copies of certificates shall only be issued to:
(A) The person whose record ofbirth is registered; (B) Either parent, guardian, or temporary guardian of the person whose record ofbirth or death is registered; (C) The living legal spouse or next of kin or the legal representative or the person who in good faith has applied and produced a record of such application to become the legal representative of the person whose record of birth or death is registered; (D) The court ofcompetent jurisdiction upon its order or subpoena; or

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(E) Any govennnental agency, state or federal, provided that such certificate shall be needed for official purposes. (2) Each certified copy issued shall show the date of registration and copies issued from records marked 'delayed' or 'amended' shall be similarly marked and show the effective date. The documentary evidence used to establish a
delayed certificate ofbirth shall be shown on all copies issued. All forms and
procedures used in the issuance of certified copies of vital records in the state shall be provided or approved by d1e state registrar.'

SECTION 10. Said chapter is further amended by striking Code Section 31-10-27, relating to fees for copies or services, and inserting in lieu thereofthe following:
"31-10-27. (a) The department shall prescribe uniform fees to be paid to the State Office of Vital Records, local registrars, and local custodians for certified copies of certificates or records, for a search of the files or records, for copies or information provided for research, statistical, or administrative purposes, or fur other services. The fee for each search or service, certified copy, or record shall be determined by the board. (b) Fees collected by the department under this Code section shall be deposited in the general funds ofthe state. (c) Fees for copies or searches by local custodians of vital records shall be retained by them whether the local custodian is paid on a fee basis, a salary basis, or a combination of both, except in counties where the local custodian of vital records is an employee of the county board of health, in which case said fees shall be remitted monthly to the county health department.

SECTION 11. Said chapter is further amended by striking from the following Code sections the
words "vital records registration system" wherever the same shall occur and
inserting in lieu thereofthe words "State Office of Vital Records":
(1) Code Section 31-10-6, relating to local registrars, local custodians, and
special abstracting agents; (2) Code Section 31-10-10, relating to registration of live born infants of unknown parentage; (3) Code Section 31-10-12, relating to judicial procedure to establish facts of birth (4) 'code Section 31-10-24, relating to preservation or disposition of vital records; and (5) Code Section 31-10-31, relating to penalties for making false statemrots in records and for other violations.

SECTION 12. This Act shall become effective July I, 2004.

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SECTION 13.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

EVIDENCE- DNA ANALYSIS; TESTING PROCEDURES.
No. 523 (Senate Bill No. 482).
AN ACT
To amend Code Section 24-4-60 of the Official Code of Georgia Annotated, relating to requirements for DNA analysis of blood of persons convicted of certain sex offenses and storage of the profile in the data bank, so as to change certain provisions relating to the applicability of the testing procedures to certain persons; 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 24-4-60 of the Official Code of Georgia Annotated, relating to requirements for DNA analysis of blood of persons convicted of certain sex offenses and storage of the profile in the data bank, is amended by striking the Code section and inserting in lieu thereof the following:
24-4-60. Any person convicted of a crinrinal offense defined in Code Section 16-6-1, relating to the offense of rape; Code Section 16-6-2, relating to the offense of sodomy or aggravated sodomy; Code Section 16-6-3, relating to the offense of statutory rape; 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; Code Section 16-6-5.1, relating to the offense of sexual assault against persons in custody, sexual assault against a person detained or a patient in a hospital or other institution, or sexual assault by a practitioner of psychotherapy against a patient; Code Section 16-6-6, relating to the offense of bestiality; Code Section 16-6-7, relating to the offense of necrophilia; or Code Section 16-6-22, relating to the offense of incest, shall have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. In addition, on and after July 1, 2000, any person convicted of a felony and incarcerated in a state correctional facility shall at the time of entering the prison ~)'Stem have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive

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procedure taken for DNA (deoxyribonucleic acid) analysis to detennine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state on or after July 1, 2000, and who is incarcerated in a private correctionai facility in this state for such offense pursuant to a contract with the Department of Corrections upon entering the facility, and for any person convicted of a felony prior to July 1, 2000, and who is incarcerated in a private correctional facility in this state pursuant to contract with the Department of Corrections. The analysis shall be performed by the Division of Forensic Sciences of the Georgia Bureau of Investigation. The division shall be authorized to contract with individuals or organizations for services to perform such analysis. The identification characteristics ofthe profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 24-4-63. For the purposes of this Code section, the term 'state correctional facility' means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction ofthe Department o f Corrections.

SECTION2. All laws and parts oflaws in conflict with this Act are repealed

Approved May 13,2004.

EDUCATION- GEORGIA MEDICAL CENTER AUTHORITY;
ADMINISTRATIVE ASSIGNMENT.
No. 524 (Senate Bill No. 485).
AN ACT
To amend Code Section 20-15-3 of the Official Code of Georgia Annotated. relating to establishment of the Georgia Medical Center Authority, appointment of members, terms of office, vacancies, removal from office, compensation, existence of the authority, and accountability of members, so as to provide for administrative assignment; 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 20-15-3 of the Official Code of Georgia Annotated, relating to establishment of the Georgia Medical Center Authority, appointment of members, tetJl1S of office, vacancies, removal from office, compensation, existence of the authority, and accountability of members, is amended by adding a new subsection to read as follows:
'(h) The authority is assigned to the Department of Community Affairs for administrative purposes only."

SECTION2.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

REVENUE- INDEPENDENT CONTRACTOR; STATUS.
No. 525 (Senate Bill No. 491 ).
AN ACT
To amend Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax penalties, so as to provide that it shall be illegal for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or hmelf to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding and payment of taxes; to provide for penalties for certain violations; to provide for related matters; to provide an effective date; to provide for repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-7-127 of the Official Code of Georgia Annotated, relating to tax pmalties, is amended by adding a new subsection (j) to read as follows:
'(j) False claims ofindependent contractor status. (I) It shall be unlawful for any person knowingly to coerce, induce, or threaten an individual falsely to declare himself or herself to be an independent contractor or falsely to claim that an individual employed by such person is an independent contractor in order to avoid or evade the withholding or payment oftaxes required under this title.

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(2) In addition to any other penalties provided by law, any person who violate paragraph (I) of this subsection in connection with contracts with the state o. any political subdivision thereof or any authority of the state or a political subdivision thereo( upon conviction, shall be subject to a fine equal to the total amount of tax owed for the first offense. For the second offense, upon conviction, the person shall be subject to a fine equal to two times the total amount of tax owed. For third and subsequent offenses, upon conviction, the person shall be subject to a fine equal to four times the total amount of tax owed. A violation ofparagraph (I) of this subsection with regard to a contract with the state or any political subdivision thereof or any authority of the state or any political subdivision thereof shall constitute only one offense, regardless of the number of individuals improperly coerced, induced, or threatened to declare falsely to be independent contractors or falsely claimed to be independent contractors in connection with such contract.

SECTION2. This Act shall become effective on July I, 2004.

SECTION3. This Act shall stand repealed by operation oflaw on July I, 20I4.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

CRIMES- CONTROLLED SUBSTANCES; ALCOHOL; CONDITIONAL DISCHARGE; DRUG RElATED OBJECT FORFEITURE
PROCEEDS; lAW ENFORCEMENT MUSEUM.
No. 526 (Senate Bill No. 502).
AN ACT
To amend Chapter 13 of Title I6 of the Official Code of Georgia Annotated. relating to controlled substances, so as to include in Code Section I6-I3-2, relating to conditional discharge for possession of controlled substances as first offense, persons who are addicted to a controlled substance or alcohol and persons who commit nonviolent property crimes related to their addiction to a controlled substance or alcohol; to provide that a discharge and dismissal under this provision shall be without a court adjudication of guilt; to change certain provisions relating

GEORGIA lAWS 2004 SESSION

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to transactions in drug related objects; to authorize use ofcertain forfeiture proceeds ror a state law enforcement musewn; to change certain provisions relating to the definition of dangerous drug; to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances as first offense, is aDlended by adding a new subsection (c) to read as follows:
'(c) Persons charged with an offense enumerated in subsection (a) of this Code section and persons charged for the first time with nonviolent property crimes which, in the judgment of the court exercising jurisdiction over such offenses, were related to the accused s addiction to a controlled substance or alcohol who are eligible for any court approved drug treatment program may, in the discretion of the court and with the consent ofthe accused, be sentenced in accordance with subsection (a) of this Code section. The probated sentence imposed may be for a period of up to five years. No discharge and dismissal without court adjudication of guilt shall be entered under this subsection until the accused has made full restitution to all victims of the charged offenses. Discharge and dismissal under this Code section shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this Code section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this Code section may not be used to disqualifY a person in any application fur employment or appointment to office in either the public or private sector."

SECTION2. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended in Code Section 16-13-32, relating to transactions in drug related objects, by striking subsection (c) in its entirety and inserting in lieu thereofthe following:
"(c) It shall be unlawful for any person or corporation, other than a licensed pharmacist, a pharmacy intern or pharmacy extern as defined in Code Section 26-4-5, or a practitioner licensed to dispense dangerous drugs, to sell, lend, rent, lease, give, exchange, or otherwise distribute to any person a hypodermic syringe or needle designed or marketed primarily for human use. It shall be an affirmative defense that the hypodermic syringe or needle was marketed for a legitimate medical purpose.

SECTION3. Said chapter is further amended in Code Section 16-13-49, relating to forfeitures of property relative to controlled substances violations, by striking division (u)(4)(D)(i) and inserting in lieu thereofthe following:

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(D)(i) Property and money distributed to a local govermnent shall be passed through to the local law enforcement agency until the sum equals 33 113 percent of the amount of local funds appropriated or otherwise made available to such agency for the fiscal year in which such funds are distributed. Proceeds received may be used for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforcement agency, or may be used to fund victim-witness assistance programs or a state law enforcement museum. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations.

SECTION4. Said chapter is further amended in Code Section 16-13-71, relating to the definition ofdangerous drug, by striking paragraphs (509.1), (573), (641.1), (663.5), (931.9), and (931.85) of subsection (b) and inserting in lieu thereofthe following:
"(509.1) Ketoconazole- See exceptions;" "(573) Methacholine;" "(641.1) Nicotine resin complex (polacrilex)- See exceptions;' "(663 .5) Omeprazole- See exceptions;' (931.85) Terazosin; (931.9) Tenofovir;'.

SECTIONS. Said Code section is further amended in subsection (b) by inserting new paragraphs to read as follows:
\035) Abarelix;" "(19.65) Alfuzosin;" "(62.4) Aprepitant;' "(63.5) Aripiprazole;" "(67.72) Atazanavir;" "(105.3) Bortezomib;" "(192.7) Cilostazol;" "(240.3) Daptomycin;" (331.072) Emtricitabine;" "(332.2) Enfuvirtide;" "(332.9) Epinastine;" "(334.4) Eplerenone;" '(348.722) Escitalopram;" "(380.7) Ezetimibe;' '(383.15) Ferric Hexacyanoferrate;" "(406.3) Fosamprenavir;" "(412.04) Gefitinib;" "(412.2) Gernifloxacin;" "(463.03) lbandronate;"

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'(553.5) Memantine;' '(617.22) Midubosathol;' '(617.44) Miglustat;" '(644.72) Nitazoxanide;" '(666.4) Oxaliplatin;' '(681.5) Palonosetron;' '(692.52) Pegvisomant;' '(845.8) Rosuvastatin;' '(1025.5) Vardenafil;'.

SECTION6. Said Code section is further amended in subsection (c) by inserting a new paragraph to read as follows:
'(16.9) Omeprazole- when a single dosage unit is 20.6 mg. or less;'.

SECTION7. Said Code section is further amended in subsection (c) by striking paragraph (28.5) and inserting in lieu thereofthe following:
'(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 antihistamine and decongestant;'.

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

SECTION9. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

DOMESTIC RELATIONS- FAMILY VIOLENCE COMMISSION; EXTEND.
No. 527 (Senate Bill No. 535).
AN ACT
To amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to extend the date upon which the commission shall cease to exist; to repeal conflicting laws; and fur other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, is amended by striking in its entirety Code Section 19-13-35, relating to the termination of the commission, and inserting in lieu thereofthe following:
"19-13-35. The State Commission on Family Violence shall be terminated and shall cease to exist on January I, 2010.'

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

BILLY JILES MEMORIAL HIGHWAY; DESIGNATE.
No. 528 (Senate Resolution No. 829).
A RESOLUTION
Designating the Billy Jiles Memorial Highway; and for other purposes.
WHEREAS, Billy Jiles served Carroll County with honor and distinction, and his achievements, accomplishments, and contributions are worthy of recognition throughout the State of Georgia; and
WHEREAS, Billy Jiles has a natural and logical connection to the geographic area in which is located the portion ofthe highway system to be designated in his honor; and
WHEREAS, it is fitting and proper that the outstanding accomplishments and
sacrifice ofBilly Jiles be recognized appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Highway 16/Alternate Highway 27 from the intersection of Highway 16 and Bankhead Highway south to the Carroll/Coweta county line be designated the Billy Jiles Memorial Highway.

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BE IT FURTHER RESOLVED that the Department ofTransportation is authorized
and directed to place and maintain appropriate markers designating the Billy Jiles
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 Department of Transportation.

Approved May 13, 2004.

INSURANCE~ HEALTH MAINTENANCE ORGANIZATIONS; CERTIFICATION STANDARDS.
No. 529 (Senate Bill No. 608).
AN ACT
To amend Chapter 21 of Title 33 of the Official Code of Georgia Annotated, relating to health maintenance organizations, so as to provide for the use ofnational standards fur quality certification in the grant, maintenance, denial, or revocation of certificates of authority to health maintenance organizations; to provide for related matters; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Chapter 21 of Title 33 ofthe Official Code of Georgia Annotated, relating to health maintenance organizations, is amended by striking Code Section 33-21-3, relating to grounds and procedure for issuance or denial of a certificate of authority, and inserting in lieu thereof a new Code Section 33-21-3 to read as follows:
'33-21-3. (a) Upon receipt of an application fur issuance of a certificate of authority, the Commissioner of Insurance shall forthwith transmit copies of such application and accompanying documents to the commissioner of human resources; provided, however, that, if the applicant meets the standards of subsection (b.l) of this Code section, the Commissioner shall not be required to transmit the application and accompanying documents to the commissioner of human resources. (b) The commissioner of human resources shall determine whether the applicant fur a certificate of authority, with respect to health care services to be furnished:
(1) Has demonstrated the willingness and potential ability to assure that such health care services will be provided in a manner to assure both availability and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

accessibility of adequate personnel and facilities and in a manner enhancing availability, accessibility, and continuity ofservice; (2) Has arrangements, established in accordance with existing laws and regulations promulgated by the commissioner of human resources, for an ongoing quality of health care assurance program concerning health care processes and outcomes; (3) Has a procedure, established in accordance with regulations of the commissioner of human resources, to develop, compile, evaluate, and report statistics relating to the cost of its operations, the pattern of utilization of its services, the availability and accessibility of its services, and such other matters as may be reasonably required by the commissioner of human resources; (4) Has arrangements, established in accordance with existing laws and regulations promulgated by the commissioner of human resources, fur coverage of out-of-area emergency services rendered to its enrollees; and (5) Has arrangements to comply with the provisions of Code Section 33-20A-9.1, relating to nomination and reimbursement of providers which are not on that health maintenance organization s provider panel. (b.l) An applicant that is compliant with or accredited by a nationally recognized accreditation agency or organization shall be deemed to be in compliance with subsection (b) ofthis Code section; and, upon submission of proofof compliance or accreditation to the Commissioner of Insurance, certification pursuant to subsection (c) of this Code section shall not be required. The Commissioner of Insurance shall be authorized to promulgate rules and regulations to determine which national accreditation agencies shall be used for purposes of this Code section. (c) Within 90 days of receipt of the application for issuance of a certificate of authority, the commissioner of human resources shall certify to the Commissioner of Insurance whether the proposed health maintenance organization meets the requirements of subsection (b) ofthis Code section. Ifthe commissioner of human resources certifies that the health maintenance organization does not meet the requirements, he or she shall specify in what respects it is deficient. (d) The Commissioner of Insurance shall issue or deny a certificate of authority to any person filing an application pursuant to Code Section 33-21-2 within 90 days of receipt of the certification from the commissioner of human resources or upon the applicant" s presentation of proof to the Commissioner of Insurance of its compliance with or accreditation by a national accreditation agency or organization. Issuance of a certificate of authority shall be granted upon payment of the application fees prescribed in Code Sections 33-8-1 and 33-8-3 if the Commissioner of Insurance is satisfied that the following conditions are met: (I) The persons responsible for the conduct of the affairs of the applicant are competent and trustworthy, possess good reputations, and have had appropriate administrative experience, training, or education in health care delivei'Y systems or allied professions;

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(2) The commissioner of hwnan resources certifies, in accordance with subsection (a) ofthis Code section, that the health maintenance organization s proposed plan of operation meets the requirements of subsection (b) of this Code section or the Commissioner of Insurance has received proof of the health maintenance organization s compliance with or accreditation by a nationally recognized accreditation agency or organization; (3) The health benefits plan constitutes an appropriate mechanism whereby the health maintenance organization will effectively provide or arrange for the provision ofbasic health care services on a prepaid basis, through insurance or otherwise, except to the extent ofreasonable requirements for copayments; (4) The health maintenance organization is financially responsible and may reasonably be expected to meet its obligations to enrollees and prospective enrollees. In making this determination, the Commissioner of Insurance may consider:
(A) The financial soundness of the health benefits plan's arrangements for health care services and the schedule or charges used in connection with providing health care services; (B) The adequacy ofworking capital; (C) Any agreement with an insurer, a govermnent, or any other organization for insuring the payment of the cost of health care services or the provision for automatic applicability of an alternative coverage in the event of discontinuance ofthe plan; (D) Any agreement with providers for the provision of health care services; and (E) Any deposit of cash or securities submitted in accordance with Code Section 33-21-10 as a guarantee that the obligations will be duly performed; (5) The enrollees will be afforded an opportunity to participate in matters of policy and operation pursuant to Code Section 33-21-6; (6) Nothing in the proposed method ofoperation, as shown by the information submitted pursuant to Code Section 33-21-2 or by independent investigation, is contrary to the public interest; and (7) Any deficiencies, if applicable, certified by the commissioner of hwnan resources have been corrected. (e) Before any health maintenance organization changes its address, the certificate of authority shall be returned to the Commissioner of Insurance who shall endorse the certificate of authority indicating the change.

SECTION2. Said chapter is further amended by striking paragraphs (4) and (10) of subsection (a) of Code Section 33-21-5, relating to suspension or revocation of certificate of authority, and inserting in lieu thereof new paragraphs (4) and (10) to read as follows:
'(4) The health maintenance organization does not meet the requirements of Code Section 33-21-3 or is unable to fulfill its obligations to furnish health care services as required under its health benefits plan;

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'(10) The health maintenance organization has violated any provision of this chapter or ofthe rules and regulations of the Commissioner of Insurance or of the rules and regulations of the commissioner of human resources; provided, however, that health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to the rules and regulations ofthe commissioner ofhuman resources:

SECTION3. Said chapter is further amended by striking Code Section 33-21-9, relating to establishment and maintenance of a complaint system, and inserting in lieu thereof a new Code Section 33-21-9 to read as follows:
'33-21-9. (a) Every health maintenance organization shall establish and maintain a complaint system which has been approved by the Commissioner of Insurance to provide reasonable procedures for the resolution ofwritten complaints initiated by enrollees or providers concerning health care services. (b) The health maintenance organization shall maintain records of written complaints concerning health care services for five years from the time the complaints are filed and shall submit to the Commissioner of Insurance a summary report at such times and in such format as the Commissioner of Insurance may require. (c) The Commissioner of Insurance may examine the complaint system at any time:

SECTION4. Said chapter is further amended by striking subsection (b) of Code Section 33-21-17, relating to examination of organizations and providers, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Whenever the commissioner ofhuman resources shall deem it expedient, but
not less than once every five years, he or she or his or her designee shall visit and
examine all matters relating to the quality of health care services of any health maintenance organization and providers with whom the organization has contracts, agreements, or other arrangements pursuant to its health benefits plan as often as he or she deems it necessary for the protection of the interests of the people of this state; provided, however, that health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to examination by the commissioner ofhuman resources:

SECTIONS. Said chapter is further amended by striking subsection (b) of Code Section 33-21-18, relating to adoption of rules and regulations generally, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The commissioner of human resources shall adopt rules and regulations for health maintenance organizations subject to his or her jurisdiction which are not inconsistent with this chapter and which are necessary to establish and control the

GEORGIA LAWS 2004 SESSION

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standards of health care which a health maintenance organization shall maintain. Health maintenance organizations meeting the requirements of subsection (b.l) of Code Section 33-21-3 shall not be subject to the jurisdiction of the commissioner ofhuman resources."

SECTION6. Said chapter is further amended by subsection (b) of Code Section 33-21-20, relating to conduct of hearings generally, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The commissioner of human resources, or his or her designated representative, shall be in attendance at the hearings and shall participate in the proceedings. The recommendation and findings of the commissioner of human resources with respect to matters regarding health maintenance organizations under his or her jurisdiction relating to the quality of health care services provided in connection with any decision regarding denial, suspension, or revocation of a certificate of authority shall be conclusive and binding upon the Conunissioner of Insurance. Health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to the jurisdiction of the commissioner of human resources. After the hearing, or upon the failure of the health maintenance organization to appear at the hearing, the Commissioner of Insurance shall take action as is deemed advisable on written findings which shall be mailed to the health maintenance organization with a copy of the findings mailed to the commissioner ofhuman resources. The action of the Commissioner of Insurance and the recommendation and findings of the commissioner of human resources shall be subject to review by the superior court having jurisdiction. The court may, in disposing of the issue before it, modify, affirm, or reverse the order of the Commissioner of Insurance in whole or in part."

SECTION7. Said chapter is further amended by adding a new Code Section 33-21-20.1 to read as follows:
'33-21-20.1. Upon the effective date ofthis Code section, all health maintenance organizations meeting the requirements of subsection (b.1) of Code Section 33-21-3 shall not be subject to regulation by the commissioner of human resources. Upon the Commissioner of Insurance s determination that a health maintenance organization no longer meets the requirements of subsection (b.1) of Code Section 33-21-3, the Commissioner shall immediately notify the commissioner of human resources and such health maintenance organization shall be subject to regulation by the commissioner of human resources until such time as it again meets the requirements of subsection (b.1) of Code Section 33-21-3 as determined by the Commissioner of Insurance."

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

SECTION9. All laws and parts oflaws in conflict wid1 this Act are repealed.

Approved May 13, 2004.

HIGHWAYS- VIDEO SURVEILlANCE; UMITATIONS.
No. 530 (Senate Bill No. 603).
AN ACT
To amend Article 2 of Chapter 10 of Tide 32 of the Official Code of Georgia Annotated, relating to the State Road and Tollway Authority, so as to prohibit technology used by the State Road and Tollway Authority from producing a recorded image of a person in a motor vehicle; to provide for exceptions; to amend Code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use oftraffic-control signal monitoring devices, so as to prohibit a traffic-control device from producing a recorded image of a person in a motor vehicle; 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 I 0 of Title 32 of the Official Code of Georgia Annotated. relating to the State Road and Tollway Authority, is amended in Code Section 32-10-64, relating to general toll powers, police powers, and rules and regulations, by striking subsection (h) of said Code section and inserting in its place the following:
"(h) The authority may in its discretion use such technology, including but not limited to automatic vehicle license tag identification photography and video
surveillance, either by electronic imaging or photographic copy, that it deems
necessary to aid in the collection of tolls and enforcement of toll violations. Such technology shall not be used to produce any photograph, microphotograph. electronic image, or videotape showing the identity of any person in a motor vehicle except that such teclmology may be utilized for general surveillance of a toll collection facility for the security oftoll collection facility employees.'

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SECTION2. code Section 40-14-21 of the Official Code of Georgia Annotated, relating to use oftraffic-control signal monitoring devices, is amended by adding a new subsection (e) to read as follows:
(e) A traffic-control signal monitoring device shall not be used to produce any photograph, microphotograph, electronic image, or videotape showing the identity of any person in a motor vehicle."

SECTION3.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

PUBLIC OFFICERS VOLUNTARY WAGE DEDUCTIONS;
CHARITABLE ORGANIZATIONS.
No. 531 (Senate Bill No. 584).
AN ACT
To amend Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, so as to include as eligible charitable organizations certain federated charitable organizations that provide international health and welfare services; to provide for related matters; to rc;peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 45-20-51 of the Official Code of Georgia Annotated, relating to definitions concerning voluntary deductions from wages or salaries of state employees for the benefit of charitable organizations, is amended by striking subparagraph (B) of paragraph (3) and inserting in lieu thereof a new subparagraph (B) to read as follows:
"(B) Provides direct and substantial services on a state-wide basis; is one of the federated charitable organizations that coordinates fimd raising and allocations for at least five local charitable organizations in the various geographic areas in which employees are solicited; is a federation of at least five state-wide and local charitable organizations which are otherwise qualified under this article and which federation expends all fimds collected under this article to serve Georgia residents and programs; is a health,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

welfare, educational, or environmental restoration or conservation agency which is a member of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization subject to such rules and regulations as the board may prescribe; or is a federated charitable organization that provides direct and substantial health and welfare services internationally whose activities do not require a local presence or provision oflocal services, which is authorized and certified by the Secretary of State to transact business in Georgia, which is compliant with the U.S. Office of Personnel Management" s regulations issued pursuant to the authority of 5 C.F.R. 950.201 and 950.202 for charities participating in the Combined Federal Campaign, which has a registered agent in Georgia, and which otherwise meets the criteria ofthis paragraph;".

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

BUILDINGS -CONSTRUCTION DEFECTS; ALTERNATIVE DISPUTE RESOLUTION.
No. 532 (Senate Bill No. 563).
AN ACT
To amend Article I of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings and standards of construction, so as to provide legislative findings; to provide for an alternative dispute mechanism to resolve disputes regarding construction defects; to provide definitions relating to construction; to provide for a written notice of claim by the claimant to the contractor; to provide for a written response by the contractor; to provide for access to dwellings fur inspections and repairs; to provide for offers of settlement or repair or both; to provide for subrogation; to provide for notice of a contractor" s right to resolve construction defects; to provide for claims by associations; to provide fur related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA lAWS 2004 SESSION

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SECTION 1. ,Article 1 of Chapter 2 ofTitle 8 of the Official Code ofGeorgia Annotated, relating to buildings and standards of construction, is amended by adding a new Part 2A to read as follows:
'Part 2A

8-2-35. The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation.

8-2-36. As used in this part, the tern1:
( 1) 'Action' means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling caused by an alleged construction defect. (2) 'Association' means a corporation formed for the purpose of exercising the powers ofthe members of any common interest community. (3) 'Claimant' means any one who asserts a claim concerning a construction defect. (4) 'Construction defect' has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law; if no written, express warranty or applicable statutory warranty provides a definition, then construction defect means a matter concerning the design, construction, or repair of a dwelling, of an alteration of or repair or addition to an existing dwelling, or of an appurtenance to a dwelling on which a person has a complaint against a contractor. The term may include any physical damage to the dwelling, any appurtenance, or the real property on which the dwelling or appurtenance is affixed proximately caused by a construction defect. (5) 'Contractor' means any person, finn, partnership, corporation, association, or other organization that is engaged in the business ofdesigning, developing, constructing, or selling dwellings or the alteration of or addition to an existing dwelling, repair of a new or existing dwelling, or construction, sale, alteration, addition, or repair of an appurtenance to a new or existing dwelling. The term includes:
(A) An owner, officer, director, shareholder, partner, or employee of the contractor;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Subcontractors and suppliers oflabor and materials used by a contractor in a dwelling; and
(C) A risk retention group registered under applicable law, if any, that
insures all or any part of a contractor's liability for the cost to repair a construction defect. (6) 'Dwelling' means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual unit is transferred to the owner under a condominium or cooperative system and shall include common areas and improvements that are owned or maintained by an association or by members of an association. A dwelling includes the systems,
other components, improvements, other structures, or recreational facilities that
are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit. (7) 'Serve' or 'service' means delivery by certified mail or statutory overnight delivery, return receipt requested, to the last known address of the addressee. For a corporation, limited partnership, limited liability company, or otht2' registered business organization, it means service on the registered agent or other agent for service ofprocess authorized by law.

8-2-37. If a claimant files an action without first complying with the requirements ofthis part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements ofthis part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to stay pursuant to this Code section.

8-2-38. (a) In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice
of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect claim or claims and is providing notice of the claim or claims pursuant to the requirements of this part. The notice of claim shall describe the claim or claims in detail sufficient to explain the nature of the alleged construction defects and the results of the defects. In addition, the
claimant shall provide to the contractor any evidence that depicts the nature and cause of the construction defect, including expert reports, photographs, and
videotapes, ifthat evidence would be discoverable under evidentiary rules. (b) Within 30 days after service ofthe notice of claim by a claimant required in subsection (a) of this Code section, each contractor that has received the notice
ofclaim shall serve on the claimant, and on any other contractor that has received the notice ofclaim, a written response to the claim or claims, which either:
(I) Offers to settle the claim by monetary payment, the making of repairs, or a combination ofboth, without inspection; or (2) Proposes to inspect the dwelling that is the subject ofthe claim.

GEORGIA LAWS 2004 SESSION

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(c) Ifthe contractor wholly rtiects the claim and will neither remedy the alleged construction defect nor settle the claim or does not respond to the claimant's notice of claim within the time stated in subsection (b) of this Code section, the claimant may bring an action against the contractor for the claims described in the notice of claim without further notice except as otherwise provided under applicable law. (d) If the claimant rejects the settlement offer made by the contractor, the claimant shall provide written notice of the claimant" s rejection to the contractor and, if represented by legal counsel, his or her attorney. The notice shall include the reasons for the claimant's rejection of the contractor"s proposal or offer. If the claimant believes that the settlement offer:
(I) Omits reference to any portion ofthe claim; or (2) Was unreasonable in any manner, the claimant shall in his or her written notice include those items that claimant believes were omitted and set forth in detail all known reasons why the claimant believes the settlement offer is unreasonable. (e) If a proposal for inspection is made pursuant to paragraph (2) of subsection (b) of this Code section, the claimant shall, within 30 days of receiving the contractors proposal, provide the contractor and its subcontractors, agents, experts, and consultants prompt and reasonable access to the dwelling to inspect the dwelling, document any alleged construction defects, and perform any destructive or nondestructive testing required to fully and completely evaluate the nature, extent, and cause of the claimed defects and the nature and extent of any repairs or replacements that may be necessary to remedy the alleged defects. If destructive testing is required, the contractor shall give claimant advance notice of such tests and shall, after completion of the testing, return the dwelling to its pretesting condition. If any inspection or testing reveals a condition that requires additional testing to allow the contractor to fully and completely evaluate the nature, cause, and extent of the construction defect, the contractor shall provide notice to the claimant of the need for such additional testing and the claimant shall provide prompt and reasonable access as set forth in this Code section. If a claim is asserted on behalf of owners of multiple dwellings or multiple owners of units within a multifamily complex, then contractor shall be entitled to inspect each ofthe dwellings or units. (f) Within 14 days following completion of the inspection and testing set forth in this Code section, the contractor shall serve on the claimant: (1) A written offer to fully or partially remedy the construction defect at no cost to the claimant. Such offer shall include a description of any additional construction necessary to remedy the defect described in the claim and an anticipated timetable for the completion of such construction; (2) A written offer to settle the claim by monetary payment; (3) A written offer including a combination of repairs and monetary payment; or (4) A written statement that the contractor will not proceed further to remedy the defect, along with the reasons for such rejection.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(g) If a claimant accepts a contractor's offer made pursuant to paragraph (1), (2), or (3) of subsection (f) of this Code se<.-1ion and the contractor does not procero to make the monetary payment or remedy the construction defect or both within the agreed timetable, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. In such a situation, the claimant may also
file the contractor s offer and claimant" s acceptance, and such offer and
acceptance will create a rebuttable presumption that a binding and valid settlement agreement has been created and should be enforced by the court or arbitrator. (h) If a claimant receives a written statement that the contractor will not proceed further to remedy the defect, the claimant may bring an action against the contractor for the claim described in the notice of claim without further notice except as otherwise provided by applicable law. The contractor's written statement shall include all known reasons for the rejection ofthe claim. (i) If the claimant r~ects the offer made by the contractor to remedy the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimant's r~ ection on the contractor. The notice shall include all known reasons for the claimant's rejection ofthe contractor s offer. (j) Upon receipt of a claimant's r~ection and the reasons for such r~ection, the contractor may, within 15 days of receiving the r~ection, make a supplemental offer ofrepair or monetary payment or both to claimant. (k) Ifthe claimant rejects the supplemental offer made by the contractor to repair the construction defect or to settle the claim by monetary payment or a combination of each, the claimant shall serve written notice of the claimant's rejection on the contractor. The notice shall include all known reasons for the claimant's rejection ofthe contractor's supplemental settlement offer. (I) If a claimant rejects a reasonable offer, including any reasonable supplemental offer, made as provided by this part or does not permit the contractor to repair the construction defect pursuant to an accepted offer of settlement, the claimant may not recover an amount in excess of:
(1) The fair market value of the offer of settlement or the actual cost of the repairs made; or. (2) The amount of a monetary offer of settlement. For purposes of this subsection, the trier of fact shall determine the reasonableness of an offer of settlement made pursuant to this part. If the claimant has r~ected a reasonable offer, including any reasonable supplemental offer, and any other law allows the claimant to recover costs and attorneys' fees, then claimant may recover no costs or attorneys fees incurred after the date of his or her rejection. (m) Any claimant accepting the offer of the contractor to remedy a constrUCtion defect shall do so by serving the contractor with a written notice of acceptaJlCt' within a reasonable period of time after receipt of the contractor s settlement offer but no later than 30 days after receipt of the offer. Ifno response is served

GEORGIA lAWS 2004 SESSION

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upon contractor within the 30 day period, then the offer shall be deemed accepted. (n) If a claimant accepts a contractor" s offer to repair a construction defect described in a notice of claim, the claimant shall provide the contractor and its subcontractors, agents, experts and consultants prompt and Wlfettered access to the dwelling to perform and complete the construction by the timetable stated in the settlement offer. (o) If, during the pendency of the notice, inspection, offer, acceptance, or repair process, an applicable limitations period would otherwise expire, the claimant may file an action against the contractor, but such action shall be immediately stayed Wltil completion ofthe notice ofclaim process described in this part. This subsection shall not be construed to:
(I) Revive a statute of limitations period that has expired prior to the date on which a claimant's written notice ofclaim is served; or (2) Extend any applicable statute ofrepose. (p) After the sending of the initial notice of claim, a claimant and a contractor may, by written mutual agreement, alter the procedure for the notice of claim process described in this part.

8-2-39. A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action Wltil the claimant has given the contractor who performed the original construction:
(I) Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and (2) An opportunity to resolve the notice of claim in the manner provided in Code Section 8-2-38.

8-2-40. (a) If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part:
(I) The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and (2) The contractor shall be deemed, for insurance purposes, to have been legally obligated to make the repairs or the monetary payment as if the claimant had recovered a judgment against the contractor in the amoWlt of the cost ofthe repairs or the amoWlt ofthe monetary payment or both. (b) An insurer paying a claim Wlder this part shall be subrogated to the rights of the claimant to whom the amoWlts were paid against the person causing the construction defect, damages, or other reason for payment to the extent that claim payments were made, except that the insurer shall be required to pay any applicable part of costs, expenses, and attorney s fees incurred in connection therewith.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

8-2-41. (a) Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractor's right to resolve alleged construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part ofthe contract. (b) The notice required by subsection (a) of this Code section shall be in substantially the following form:
GEORGIA LAWCONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBUGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABIUTY TO FILE A LAWSUIT OR OTHER ACTION.

8-2-42. (a) A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction defect. (b) A property manager retained by a homeowner s association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association that he or she manages to file a claim for damages arising from a construction defect. (c) A member or officer of an association shall not accept anything of value, directly or indirectly, in exchange for encouraging or discouraging the association ofwhich he or she is a member or officer to file a claim for damages arising froiD a construction defect. (d) A person who knowingly violates subsection (a), (b), or (c) of this Code section shall be guilty of a misdemeanor. (e) An association may bring an action against a contractor to recover damages
resulting from construction defects in any of the common elements or limited
common elements of the common interest community only. Such action may be maintained only after:

GEORGIA LAWS 2004 SESSION

507

(1) The association first obtains the written approval of each unit's owner whose interest in the common elements or limited common elements will be the su~ject of the action; (2) A vote of the units' owners to which at least a majority of the votes of the members ofthe association are allocated; (3) The full board of directors of the association and the contractor have met in person and conferred in a good faith attempt to resolve the association's claim or contractor has definitively declined or ignored the requests to meet with the board ofdirectors of the association; and (4) The association has otherwise satisfied all of the preaction requirements for a claimant to commence an action as set forth in this part. (f) At least three business days in advance of any vote to commence an action by an association to recover damages resulting from construction defects in any of the common elements or limited common elements of the common interest community, the attorney representing the association shall provide to each unif s owner a writt.en statement that includes, in reasonable detail: (I) The defects and damages or injuries to the common elements or limited common elements; (2) The cause ofthe defects, ifthe cause is known; (3) The nature and the extent that is known of the damage or injury resulting from the defects; (4) The location of each defect within the common elements or limited common elements, ifknown; (5) A reasonable estimate of the cost of the action or mediation, including reasonable attorneys fees and costs, expert fees, and the costs of testing; and (6) All disclosures that the unit owner is required to make upon the sale of the unit. (g) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element, or limited common element caused by a construction defect unless: (I) The person is licensed as a contractor pursuant to law; (2) The association has obtained the prior written approval of each unif s owner whose unit or interest in the common element or limited common element will be affected by such testing; (3) The person performing the tests has provided a written schedule for repairs; (4) The person performing the tests is required to repair all damage resulting from such tests in accordance with state laws and local ordinances relating thereto; (5) The association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests; and (6) Reasonable prior notice and opportunity to observe the tests is given to the contractor against whom an action may be brought as a result ofthe tests. (h) An association may commence an action only upon a vote or writt.en agreement of the owners of the units to which at least a majority of the votes of

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the members ofthe association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of an action is to be considered or action is to be taken at least 21 calendar days before the meeting. (i) The board of directors of an association may, without giving notice to the units. owners, employ a contractor and such other persons as are necessary to make such immediate repairs to a unit or common element within the common interest community as are required to protect the health, safety, and welfare ofthe units owners.

8-2-43. (a) Nothing in this part shall create any cause of action on behalf of any claimant or contractor. (b) This part does not apply to a contractor" s right to seek contribution, indemnity or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant.'

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall apply to all actions commenced after said effective date, regardless of the date of sale or substantial completion, improvement, or repair ofthe dwelling at issue in the action.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

CORPORATIONSBUSINESS AND NONPROFIT; COMPREHENSIVE REVISIONS.
No. 533 (Senate Bill No. 555).
AN ACT
To amend Chapters 2 and 3 ofTitle 14 of the Official Code of Georgia Annotated. relating to business corporations and nonprofit corporations, respectively, so as to
provide for the updating of provisions relating to business corporations anll
nonprofit corporations; to provide for undeliverable shareholder notices; to provide for electronic transmissions; to provide for renunciation of business opportunities} to provide for flexibility in amendments to series; to provide for effectiveness 0 amendments; to provide for mergers and share exchanges; to provide for mailin8S;

GEORGIA LAWS 2004 SESSION

509

to provide for authority to issue options; to provide for and change definitions; to change certain provisions relating to notice requirements; to change certain provisions relating to organizati~n of corp?rations; to change. certain provisions relating to terms of class or senes determmed by board of directors; to change C(rtain provisions relating to share options; to change provisions relating to shareholders preemptive rights; to change certain provisions relating to effect of fili}ure to present securities for redemption, surrender, cancellation, or payment; to change certain provisions relating to shareholders special meetings; to change C(rtain provisions relating to shareholders actions without a meeting; to change C(rtain provisions relating to notice of annual and special meetings of shareholders;
to provide for waiver of notice by electronic transmission by a shareholder; to
provide for a shareholders list for a shareholders meeting; to change certain provisions relating to resignation of a member of the board of directors; to change
certain provisions relating to board of directors action without a meeting of the
board of directors; to change certain provisions relating to waiver and notice of a meeting of the board of directors; to change certain provisions relating to resignation and removal of officers of corporations; to change certain provisions relating to amendment by board of directors and shareholders to the articles of incorporation; to change certain provisions relating to plan of merger or share e~change; to change certain provisions relating to sale of assets requiring lbareholder approval; to change certain provisions relating to inspection of records
of shareholders; to change certain provisions relating to financial statements fur
sbareholders; to change certain provisions relating to notice requirements so as to provide for notice by electronic transmission; to provide for voting by electronic transmission pursuant to a court ordered meeting; to change certain provisions relating to publication of notice of intent to file articles of incorporation; to provide i>r consents by electronic transmission; to change a reference relating to ultra vires purposes and powers for conformity purposes; to change certain provisions relating
to the definition of "nonprofit" and rights and powers of a nonprofit corporation; to
change certain provisions relating to venue, residency, and principal office requirements; to change cert.ain references relating to voting rights relative to manbers of nonprofit corporations; to provide for notice by electronic transmission efresignation of a member of a nonprofit corporation; to change certain provisions R!lating to special meetings ofmembers ofnonprofit corporations; to change certain provisions relating to approval of action without a meeting of members of a aonprofit corporation; to change certain provisions relating to notice of a meeting ofmembers of a nonprofit corporation; to provide for waiver ofnotice by electronic transmission by a member of a nonprofit corporation; to provide for ballots by electronic transmission relating to action taken without a meeting of the members ofa nonprofit corporation; to change certain provisions relating to membership lists ofnonprofit corporations; to change certain provisions relating to proxies relative
to voting by members of nonprofit corporations; to change certain provisions relating to the validity of a signature on a proxy by a member of a nonprofit
fbporation; to provide for resignation by a director of a nonprofit corporation by llectronic transmission; to change certain provisions relating to action taken

510

GENERAL ACTS AND RESOLUTIONS, VOL. I

without a meeting of the board of directors of a nonprofit corporation; to provide for waiver of notice of a meeting by electronic transmission by a director of a nonprofit corporation; to change certain provisions relating to duties of officers of nonprofit corporations; to provide for notice of resignation of an officer of a nonprofit corporation by electronic transmission; to revise a reference relating to indenmification of officers, employees, and agents of nonprofit corporations; to change certain provisions relating to applicability of indenmification provisions in certain official documents of nonprofit corporations; to change certain provisions relating to restated articles of incorporation for nonprofit corporations; to change certain provisions relating to definitions and plans for mergers of nonprofit corporations; to change certain provisions relating to a merger without court approval; to change certain provisions relating to approval of plan of merger by members or directors and abandonment of the plan; to change certain provisions relating to articles of merger and publication of notice of merger; to provide for publication of notice of merger; to change certain provisions relating to effect of mergers, mergers with foreign corporations, and effect of mergers on bequests, devises, or other transfers ofproperty; to provide for definitions relating to mergers, mergers with other entities, and the plan of merger with another entity; to change certain provisions relating to exceptions to prohibition against distributions relative to nonprofit corporations; to change certain provisions relating to dissolution by incorporators or initial directors; to change certain provisions relating to proposal of dissolution and approval thereof; to change certain provisions relating to request for presentation of claims, enforcement of claims, and when claims are barred; to provide for remedies of corporations for actions existing prior to the dissolution of
a corporation; to change certain provisions relating to the requirement of a
certificate of authority to transact business; to change certain provisions relating to resignation of a registered agent of a foreign corporation; to change certain provisions relating to withdrawal of a foreign corporation from the state; to change certain provisions relating to members rights to copy and inspect records; to
provide for a request by a member by electronic transmission for an annual
statement; to change certain provisions relating to applicability of chapter to certain corporations; to change certain provisions relating to saving provisions; to provide for changes regarding references to gender; to amend Article 3 of Chapter 5 ofTitle 14 of the Official Code of Georgia Annotated, relating to corporations organized for religious, fraternal, or educational purposes, so as to change a reference for conformity purposes; to amend Code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, so as to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking Code Section 14-2-140, relating to

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definitions related to the chapter on business corporations, and inserting in lieu thff"eofthe following:
'14-2-140. As used in this chapter, the tenn:
(1) 'Articles of incorporation' include amended and restated articles of incorporation and articles ofmerger. (2) 'Authorized shares' means the shares of all classes a domestic or foreign corporation is authorized to issue. (3) 'Conspicuous' or 'conspicuously' means so written that a reasonable person against whom the writing is to operate should have noticed it. For example, printing in italics or boldface or contrasting color or typing in capitals or underlined is conspicuous. (4) 'Corporation' or 'domestic corporation' means a corporation for profit, which is not a foreign corporation, incorporated under or subject to the provisions ofthis chapter. (5) 'Deliver' includes delivery by hand, mail, private carrier, and electronic transmission. (6) 'Distribution' means a direct or indirect transfer ofmoney or other property except its own shares or rights to acquire its own shares or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution ofindebtedness; or otherwise. (7) 'Effective date ofnotice' is defined in Code Section 14-2-141. (8) 'Electronic transmission' or 'electronically transmitted' means any form of communication not directly involving the physical transmission of paper that creates a record that may be retained, retrieved and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. Electronic transmissions include, but are not limited to, telegraphs, telegrams, cablegrams, teletypes, e-mail, and facsimile transmissions. (9) 'Electronic network' means any medium for sending, receiving, and viewing electronic transmissions among persons. (10) 'Employee' includes an officer but not a director. A director may accept duties that make him or her also an employee. (11) 'Entity' includes corporation and foreign corporation; nonprofit corporation and foreign nonprofit corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liability company; limited liability partnership and foreign limited liability partnership; and state, United States, and foreign government. (12) 'First-class' includes, when used with a reference to postage or mail, any class of postage or mail that is the equivalent of or better than first-class under the then prevailing mail classifications.

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(13) 'Foreign corporation' means a corporation for profit incorporated under a law other than the law ofthis state. (14) 'Governmental subdivision' includes authority, county, district, and municipality. (15) 'Includes' denotes a partial definition. (16) 'Individual' includes the estate of an incompetent or deceased individual. (17) 'Mail' means the United States mail. ( 18) 'Means' denotes an exhaustive definition. (19) 'National securities exchange' means any securities exchange or securities quotation system if the securities listed on that exchange or system are exempt from the registration requirements of Chapter 5 of Title I0, known as the 'Georgia Securities Act of 1973,' pursuant to paragraph (8) or (8.1) of Code Section I 0-5 -8 or any successor provision. (20) 'Notice' is defined in Code Section 14-2-141. (21) 'Person' includes an individual and an entity. (22) 'Principal office' means the office in or out of this state so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located.
(23) 'Proceeding' includes civil suit and criminal, administrative, and
investigatory action. (24) 'Record date' means the date established under Article 6 or 7 of this
chapter on which a corporation determines the identity of its shareholders and
their shareholdings for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (25) 'Secretary' means the corporate officer to whom the board ofdirectors has delegated responsibility under subsection (c) of Code Section 14-2-840 for custody of the minutes of the meetings of the board of directors and of the shareholders and for authenticating records ofthe corporation. (26) 'Shares' means the units into which the proprietary interests in a corporation are divided. (27) 'Share exchange' means a plan of exchange of all of the outstanding shares of one or more classes or series of shares in accordance with Code Section 14-2-1102.
(28) 'Shareholder' means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the
rights granted by a nominee certificate on file with a corporation.
(29) 'Sign' or 'signature' includes any manual, facsimile, conformed. or
electronic signature.
(30) 'State,' when referring to a part of the United States, includes a state and
commonwealth and their agencies and governmental subdivisions and a
territory and insular possession and their agencies and governmental subdivisions ofthe United States. (31) 'Subscriber' means a person who subscribes for shares in a corporatiollo'
whether before or after incorporation.

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(32) 'Treasury shares' means shares of a corporation which have been issued and which subsequently have been acquired by the corporation if the articles of incorporation of such corporation provide that shares so acquired become treasury shares. Treasury shares shall be deemed to be issued shares but not outstanding shares. (33) 'United States' includes district, authority, bureau, commission, department, and any other agency of the United States. (34) 'Voting group' means all shares ofone or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares entitled by the articles of incorporation or this chapter to vote generally on the matter are for that purpose a single voting group.'

SECTION2. Said chapter is further amended by striking subsections (b) and (c) of Code Section 14-2-141, relating to notice requirements, and inserting in their place new subsections (b) and (c) and by adding new subsections U) through (m) to read as fullows:
'(b) Notice may be communicated in person; by telephone, electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these fonns of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication. Unless otherwise provided in the articles of incorporation, bylaws, or this chapter, notice by electronic transmission shall be deemed to be notice in writing fur purposes ofthis chapter. (c) Written notice by a domestic or foreign corporation to its shareholders, if in a comprehensible foirn, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the shareholder's address shown in the corporation s current record of shareholders. If at the record date fixed to determine the shareholders entitled to receive a notice the corporation has a class or series of shares listed on a national securities exchange or has more than 500 shareholders of record, it may utilize a class of mail other than first class; provided, however, that if the notice is of a meeting of shareholders, the notice is mailed, with adequate postage prepaid, not less than 30 days before the date of the meeting."
'G)( I) Without limiting the manner by which notice otherwise may be given effectively to shareholders, any notice to shareholders given by the corporation under any provision of this chapter, the articles of incorporation, or the bylaws shall be effective if given by a furm of electronic transmission consented to by the shareholder to whom the notice is given. Any such consent shall be revocable by the shareholder by written notice to the corporation. Any such consent shall be deemed revoked if:

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(A) The corporation is Wlable to deliver by electronic transmission two consecutive notices given by the corporation in accordance with such consent; and (B) Such inability becomes known to the secretary or an assistant secretary of the corporation or to the transfer agent or other person responsible for the giving of notice; provided, however, the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. (2) Notice given pursuant to paragraph (1) of this subsection shall be deemed effective: (A) If by facsimile telecommunication, when transmitted to a telephone number at which the shareholder has consented to receive notice; (B) If by e-mail, when transmitted to an e-mail address at which the shareholder has consented to receive notice; (C) If by a posting on an electronic network together with separate notice to the shareholder of such specific posting, upon the later of (i) such posting or (ii) the giving ofsuch separate notice; or (D) If by any other form of electronic transmission, when transmitted to the shareholder. (k) An affidavit, certificate, or other written confirmation of the secretary or an assistant secretary or of the transfer agent or other agent of the corporation that the notice has been given Wlder this Code section shall, in the absence of fraud, be prima-facie evidence ofthe facts stated therein. (1) The corporation may be obligated to accept from a shareholder consents, requests, demands, or notices given and delivered Wlder this chapter to the principal place of business of the corporation or to an officer or agent of the corporation having custody of the books in which proceedings of meetings of shareholders are recorded by electronic transmission only as provided by resolution of the board of directors of the corporation or in the articles of incorporation. (m) Unless the registered agent ofthe corporation provides written consent to the corporation to the receipt of a shareholder's consent, request, demand, or notice by electronic transmission Wlder this chapter, delivery made to a corporation's registered office shall be made by hand or by certified or registered mail or statutory overnight delivery, return receipt requested."

SECTION3. Said chapter is further amended by striking subsection (b) of Code Section 14-2-205, relating to organization of a corporation, and inserting in lieu thereofthe following:
'(b) Action required or permitted by this chapter to be taken by incorporators~ an organizational meeting may be taken without a meeting if the action taken IS evidenced by one or more consents in writing or by electronic transmission describing the action taken and signed by each incorporator:

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SECTION4. Said chapter is further amended by striking subsection (e) of Code Section 14-2-602, relating to terms of class or series determined by board of directors, and inSerting in lieu thereof the following:
(e) Unless otherwise provided in the articles of incorporation if a board of directors has established a series in accordance with the terms of this Code section, the board of directors may at any time and from time to tnne amend the preferences, limitations, and relative rights of the series before any shares of the series have been issued; increase or decrease the number of shares contained in the series, but not below the number of shares then issued; or eliminate the series where no shares are issued; in each case the board shall do so by filing articles of amendment, which are effective without shareholder action, in the manner provided in subsection (d) of this Code section. In case the number of shares contained in a series shall be decreased or a series of shares shall be eliminated, the shares that are the su~ject of the decrease or that compose the series being elllninated shall resume the status that they had prior to the adoption of the articles of amendment that first established such series unless otherwise provided in the articles of incorporation or unless the board of directors causes such shares to become treasury shares."

SECTIONS. Said chapter is further amended by adding a new subsection to Code Section 14-2-624, relating to share options, to read as follows:
'(f) The board of directors may, by a resolution adopted by the board, authorize one or more officers ofthe corporation to do one or both ofthe following:
(1) Designate officers and employees of the corporation or of any of its
subsidiaries tq be recipients of rights, options, or warrants to be issued by the
corporation; or (2) Determine the number of rights, options, or warrants to be received by such officers and employees; provided, however, that the resolution authorizing such officer or officers shall specify the total number of rights, options, or warrants such authorized officer or officers may award. The board of directors may not authorize an officer to designate himself or herself as a recipient of any rights, options, or warrants."

SECTION6. Said chapter is further amended by striking subparagraph (c)(2)(1) and paragraph (3) ofsubsection (c) ofCode Section 14-2-63 0, relating to shareholders preemptive rights, and inserting in lieu thereof the following:
'(I) Shares released by waiver from their preemptive right by the affirmative vote or consent in writing or by electronic transmission of the holders of two-thirds of the shares of the class to be issued. Any vote or consent shall be binding on all shareholders and their transferees for the time specified in the vote or consent up to but not exceeding one year from the date thereof

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GENERAL ACTS AND RESOLUTIONS, VOL. I

and shall protect the corporation, its management, and all persons who may within that time acquire the shares so released;" '(3) A shareholder may waive his or her individual preemptive right at any time, and the holders of a class of shares may waive the preemptive rights of the class by the affinnative vote or consent in writing or by electronic transmission of the holders of two-thirds of the shares of the class with preemptive rights. The waiver of preemptive rights with respect to past issuances of shares shall be effective if made by the person who was the shareholder at the time the shares were issued. A waiver evidenced by a writing or by electronic transmission is irrevocable even though it is not supported by consideration;.

SECTION7. Said chapter is further amended by striking subsections (b) and (c) of Code Section 14-2-641, relating to effect offailure to present securities for redemption, surrender, cancellation, or payment, and inserting in lieu thereofthe following:
"(b) When a corporation has duly and properly called for redemption of any
securities and the registere4 holder of the securities has been sent notice of call at his or her last address as it appears on the records of the corporation but fails
to present the certificate for the securities or otherwise take action as required by the call within 60 days of the effective date of the call or such longer time as may be specified in the notice of the call, then the corporation may transfer the money or other property distributable upon the redemption to a trustee, for the benefit of the registered owner or his or her successors in title, and thereupon the securities shall be deemed as of the effective date of the call to have beua redeemed, canceled, or paid and no longer outstanding. (c) In order for the transfer to the trustee permitted by subsection (b) ofthis Code section to be effective for this purpose, the corporation must have adopted a plan therefor prior to the call, and must have sent notice to the registered holder ofthe
securities ofthe details of the plan, including the name and address ofthe trustee. at the time of the sending of the notice of the call. The registered holder for
whom the transfer in trust is made or his or her successors in title shall have only the right to obtain the money or other property from the trustee:
( 1) In the case of certificated securities, upon surrender to the trustee of the certificates involved; and (2) In the case of uncertificated securities, upon satisfYing the trustee that he or she was the registered holder.

SECTIONS.
Said chapter is further amended by striking subsections (a) and (e) ofCode section
14-2-702, relating to shareholders' special meetings, and inserting in lieu thereof
the following: '(a) A corporation shall hold a special meeting ofshareholders:
( 1) On call of its board of directors or the person or persons authorized to do
so by the articles of incorporation or bylaws;

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(2) Except as to corporations described in paragraph (3) of this subsection, if the holders of at least 25 percent, or such greater or lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting, sign, date, and deliver to the corporation one or more demands in writing or by electronic transmission for the meeting describing the purpose or purposes for which it is to be held; or (3) In the case of a corporation having I00 or fewer shareholders of record, if the holders of at least 25 percent, or such lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue to be considered at the proposed special meeting sign, date, and deliver to the corporation one or more demands in writing or by electronic means for the meeting describing the purpose or purposes for which it is to be held.' '(e) Unless otherwise provided in the articles of incorporation, a demand by a shareholder for a special meeting may be revoked by a written or electronic transmission to that effect by the shareholder received by the corporation prior to the call of the special meeting.'

SECTION9. Said chapter is further amended by adding a new subsection to Code Section 14-2-704, relating to action taken without a shareholders meeting, to read as fullows:
'(h) An electronic transmission which is transmitted by a shareholder that evidences a shareholder's consent, requests or demands an action to be taken by the corporation, or provides notice to the corporation under this chapter shall be deemed to be written, signed, and dated for the purposes ofthis chapter, provided that any such electronic transtnission sets forth or is delivered with information &om which the corporation can detennine (I) that the electronic transmission was transmitted by the shareholder and (2) the date on which such shareholder transmitted such electronic transmission. The date on which such electronic transmission is transmitted shall be deemed to be the date. on which such consent, request, demand, or notice was signed."

SECTION 10. Said chapter is further amended by adding a new subsection to Code Section 14-2-705, relating to notice of annual and special shareholders meetings, to read as follows:
(t) Notwithstanding the provisions of this Code section, a corporation need not provide any notice required by this Code section to a shareholder to whom:
(I) Notices oftwo consecutive annual meetings; or (2) All and at least two payments of dividends or interest on securities or dividend reinvestment confirmations during a I2 month period have been mailed addressed to the shareholder's address shown in the corporation s current record of shareholders and have been returned as

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undeliverable. Any action or meeting which shall be taken or held without notice to any such shareholder shall have the same force and effect as if such notice had been duly given. If any such shareholder shall deliver to the corporation written
notice setting forth such shareholder s then current address, the requirement that
notice be given to such shareholder shall be reinstated. If the action taken by the corporation requires the filing of a document under any other provision of this chapter, the document need not state that notice was not given to shareholders to whom notice was not required to be given pursuant to this subsection.0

SECTION 11.

Said chapter is further amended by striking subsection (a) of Code Section

14-2-706, relating to waiver ofnotice by a shareholder, and inserting in lieu thereof

the following:



n(a) A shareholder may waive any notice required by this chapter, the articles of

incorporation, or bylaws before or after the date and time stated in the notice.

The waiver must be in writing or by electronic transmission, be signed by the

shareholder entitled to the notice, and be delivered to the corporation for

inclusion in the minutes or filing with the corporate records.'

SECTION 12. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-2-720, relating to the list of shareholders who are entitled to notice of shareholders meetings, and inserting in lieu thereof the following:
n(a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its shareholders who are entitled to notice of a shareholders meeting. The list must be arranged by voting group and within
each voting group by class or series of shares and show the address of and
number of shares held by each shareholder. Nothing contained in this Code section shall require the corporation to include e-mail addresses or other information for delivery of electronic transmissions on such list. (b) The shareholders list must be available for inspection by any shareholder, his or her agent, or his or her attorney:
(1) On a reasonably accessible electronic network, provided that the information required to gain access to such list is provided with the notice of the meeting upon request; or (2) During ordinary business hours at the principal place of business of the corporation. In the event that the corporation makes the list available on an electronic network, the corporation may take reasonable steps to ensure that such information is available only to shareholders of the corporation. If the meeting
is to be held in person, then the list shall be produced and kept at the time and
place of the meeting during the duration of the meeting and may be inspected by any shareholder who is present. If the meeting is to be held solely by means of remote communication, then the list shall also be open to the examination of any shareholder during the duration of the meeting on a reasonably accessible

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electronic network, and the information required to access such list shall be provided with the notice of the meeting."

SECTION 13.
Said chapter is further amended by striking subsection (a) of Code Section 14-2-807, relating to resignation of directors, and inserting in lieu thereof the
toll owing:
'(a) A director may resign at any tin1e by delivering notice in writing or by electronic transmission to the board of directors, its chairman, or to the corporation.

SECTION 14. Said chapter is further amended by striking Code Section 14-2-821, relating to board of directors action without a board ofdirectors meeting, and inserting in lieu thereof the following:
'14-2-821. (a) Unless the articles of incorporation or bylaws provide otherwise, action required or permitted by this chapter to be taken at a board of directors meeting may be taken without a meeting if the action is taken by all members of the board. The action must be evidenced by one or more consents in writing or by electronic transmission describing the action taken, signed by each director, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) A consent signed and delivered by a director under this Code section has the effect of a meeting vote and may be described as such in any document.

SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 14-2-823, relating to waiver of notice of a meeting of the board of directors, and inserting in lieu thereofthe following:
'(a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this Code section, the waiver must be in writing or by electronic transmission, signed by the director entitled to the notice, and delivered to the corporation for inclusion in the minutes or filing with the corporate records."

SECTION 16. Said chapter is further amended by striking subsection (a) of Code Section 14-2-843, relating to resignation and removal of officers of corporations, and inserting in lieu thereof the following:
'(a) An officer may resign at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is effective unless the notice specifies a future effective date. A copy of

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the notice of resignation as delivered to the corporation may be filed with the Secretary of State:

SECTION 17. Said chapter is further amended by striking in its entirety Code Section 14-2-1003, relating to amendments by board of directors and shareholders to the articles of incorporation, and inserting in lieu thereof the following:
'14-2-1003. (a) A corporation s board of directors may propose one or more amendments to the articles of incorporation for submission to the shareholders. (b) For the amendment to be adopted:
(I) The board of directors must recommend the amendment to the shareholders unless the board of directors elects, because of a conflict of interest or other special circumstances, to make no recommendation and communicates the basis for its election to the shareholders with the amendment; and (2) The shareholders entitled to vote on the amendment must approve the amendment as provided in subsection (e) ofthis Code section. (c) The board of directors may condition its submission of the proposed amendment, the effectiveness of the proposed amendment, or both on any basis. (d) The corporation shall notifY each shareholder entitled to vote ofthe proposed shareholders meeting in accordance with Code Section 14-2-705. The notice of meeting must also state that the purpose or one of the purposes of the meeting is to consider the proposed amendment and contain or be accompanied by a copy or summary ofthe amendment. (e) Unless this chapter, the articles of incorporation, or the board of directors acting pursuant to subsection (c) of this Code section require a greater vote or a
vote by voting groups, the amendment to be adopted must be approved by a
majority of the votes entitled to be cast on the amendment by each voting group entitled to vote on the amendment. (f) At any time prior to the time the amendment becomes effective, notwithstanding authorization of the proposed amendment by the shareholders ofthe corporation, the board of directors may abandon such proposed amendment without further shareholder action. If the amendment is abandoned after articles of amendment have been filed with the Secretary of State but before the amendment has become effective, a statement that the amendment has been abandoned in accordance with this Code section executed on behalf of the corporation shall be delivered to the Secretary of State for filing prior to the
effectiveness of the amendment. Upon filing, the statement shall take effect and
the amendment shall be deemed abandoned and shall not become effective.'

SECTION 18. Said chapter is further amended by striking subsections (c) and (i) of Code Secti~n 14-2-1103, relating to action on plan of merger or share exchange, and inserting 111

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their place new subsections (c) and (i) and by adding a new subsection (j) to read as fullows:
'(c) The board of directors may condition its submission of the proposed merger or share exchange, the effectiveness of the proposed merger or share exchange, or both on any basis.' '(i) Unless otherwise provided in a plan of merger or share exchange or in the laws m1der which a foreign corporation that is a party to a merger or share exchange is organized or by which it is governed, a merger or share exchange is authorized, and at any time before articles of merger or a certificate of merger or share exchange becomes effective, the plan of merger or share exchange may be abandoned subject to any contractual rights without further shareholder action, in accordance with the procedure set forth in the plan of merger or share exchange or, if none is set forth, in the manner determined by the board of directors and otherwise in accordance with subsection (j) ofthis Code section. (j) If a merger or share exchange is abandoned as permitted by subsection (i) of this Code section after articles or a certificate of merger or share exchange has been filed with the Secretary of State but before the merger or share exchange has become effective, a statement that the merger or share exchange has been abandoned in accordance with this Code section executed on behalf of a party to the merger or share exchange by an officer or other duly authorized representative shall be delivered to the Secretary of State for filing prior to the effectiveness of the merger or share exchange. Upon filing, the statement shall take effect and the merger or share exchange shall be deemed abandoned and . shall not become effective."

SECTION 19. Said chapter is further amended by striking subsection (c) of Code Section 14-2-1202, relating to sale of assets requiring shareholder approval, and inserting in lieu thereofthe following:
'(c) The board of directors may condition its submission of the proposed transaction, the effectiveness of the proposed transaction, or both on any basis."

SECTION20. Said chapter is further amended by striking paragraphs (5) and (6) ofsubsection (a) of Code Section 14-2-1602, relating to inspection of records by shareholders, and inserting in lieu thereof the following:
'(5) The minutes of all shareholders meetings, executed waivers of notice of meetings, and executed consents, delivered in writing or by electronic transmission, evidencing all action taken by shareholders without a meeting, for the past three years; (6) All communications in writing or by electronic transmission to shareholders generally within the past three years, including the financial statements furnished for the past three years m1der Code Section 14-2-1620;".

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SECTION21. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-2-1620, relating to financial statements for shareholders, and inserting in lieu thereofthe following:
'(a) Not later than four months after the close of each fiscal year and in any case prior to the annual meeting of shareholders, each corporation shall prepare (I) a balance sheet showing in reasonable detail the financial condition of the corporation as of the close of its fiscal year and (2) a profit and loss statement showing the results of its operation during its fiscal year. Upon request in writing or by electronic transmission, the corporation promptly shall mail to any shareholder of record a copy of the most recent balance sheet and profit and loss statement. Ifprepared for other purposes, the corporation shall also furnish upon request in writing or by electronic transmission a statement of sources and applications of funds and a statement of changes in shareholders equity for the fiscal year. If financial statements are prepared by the corporation on the basis of generally accepted accoWiting principles, the annual financial statements must also be prepared and disclose that they are prepared on that basis. If financial statements are prepared otherwise than on the basis of generally accepted accoWiting principles, they must so disclose and must be prepared on the same basis as other reports or statements prepared by the corporation for the use of others.'

SECTION22. Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, is amended by striking in its entirety Part 4 of Article I, relating to definitions and notice relative to nonprofit corporations, and inserting in lieu thereofthe following:

'Part 4

14-3-140. As used in this chapter, the term:
(1) 'Articles of incorporation' or 'articles' includes amended and restated articles of incorporation and articles ofmerger. (2) 'Board of directors' or 'board' means the person or persons vested with the authority to manage the affairs of the corporation, irrespective of the name by which such group is designated, but shall not include any person solely by virtue ofpowers delegated to him or her by Code Section 14-3-801. (3) 'Business corporation' means a corporation for profit, incorporated tn1dt'l' the provisions ofChapter 2 ofthis title. (4) 'Bylaws' means the code of rules other than the articles adopted pursuant to this chapter for the regulation or management of the affairs of the corporation, irrespective of the name or names by which such rules are designated.

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(5) 'Class' refers to a group of memberships which have the same rights with respect to voting, dissolution, redemption, and transfer. For the purpose ofthis Code section, rights shall be considered the same if they are determined by a funnula applied uniformly. (6) 'Corporation' or 'domestic corporation' means a corporation, other than a fureign corporation, incorporated under or subject to the provisions of this chapter. (7) 'Delegate' means a person elected or appointed to vote in a representative assembly for the election of a director or on other matters. (8) 'Deliver' includes delivery by hand, mail, private carrier, and electronic transmission. (9) 'Distribution' means the payment of a dividend or any part of the income or profit of a corporation to its members, directors, or officers. Payment of indenmification or reasonable compensation, fees, or expenses incurred in the performance of duties on behalfof the corporation is not a distribution. (10) 'Effective date ofnotice' is defined in Code Section 14-3-141. (11) 'Electronic transmission' or 'electronically transmitted' means any form ofcommunication not directly involving the physical transmission ofpaper that creates a record that may be retained, retrieved, and reviewed by a recipient thereof and that may be directly reproduced in paper form by such a recipient through an automated process. Electronic transmissions include, but are not limited to, telegraphs, telegrams, cablegrams, teletypes, e-mail, and facsimile transmissions. (12) 'Electronic network' means any medium for sending, receiving, and viewing electronic transmissions among persons. (13) 'Employee' includes an officer but not a director. A director may accept duties that make him or her also an employee. (14) 'Entity' includes corporation and foreign corporation; business corporation and foreign business corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liability company; limited liability partnership and foreign limited liability partnership; state, United States, and foreign government; and regional development center solely for the purpose ofimplementing subsection (f) of Code Section 50-8-35. (15) 'Foreign business corporation' means a corporation for profit incorporated under a law other than the law ofthis state. (16) 'Foreign corporation' means a corporation incorporated under a law other than the law of this state which would be a nonprofit corporation if incorporated under, or subject to, this chapter. (I 7) 'Governmental subdivision' includes an authority, county, district, and municipality or any other political subdivision. (18) 'Includes' denotes a partial definition. (I 9) 'Individual' includes the estate of an incompetent or deceased individual. (20) 'Mail' includes the United States mail.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(21) 'Means' denotes an exhaustive definition. (22) 'Member' means without regard to the name by which a person is designated in the articles or bylaws any person who is entitled to vote for the election of a director or directors pursuant to a provision of the corporation s articles or bylaws that expressly provides for or contemplates the existence of members. A person is not a member by virtue of any ofthe following:
(A) Any rights such person has as a delegate; (B) Any rights such person has to designate or confinn a director or directors; or (C) Any rights such person has as a director. (23) 'Notice' is defined in Code Section 14-3-141. (24) 'Person' includes an individual and an entity. (25) 'Principal office' means the office in or out of this state so designated in the annual registration where the principal executive offices of a domestic or foreign corporation are located. (26) 'Proceeding' includes civil suit and criminal, administrative, and investigatory action. (27) 'Record date' means the date established under Article 6 or 7 of this chapter on which a corporation determines the identity of its members for purposes of this chapter. The determinations shall be made as of the close of business on the record date unless another time for doing so is specified when the record date is fixed. (28) 'Secretary' means the corporate officer to whom the board of directors has delegated responsibility under subsection (b) of Code Section 14-3-840 for custody of the minutes of the meetings of the board of directors and of any members and for authenticating records ofthe corporation. (29) 'Signature' or 'sign' includes any manual, facsimile, conformed, or electronic signature. (30) 'State,' when referring to a part of the United States, includes a state, commonwealth, the District ofColumbia (and their agencies and governmental
subdivisions) and a territory and insular possession (and their agencies and
governmental subdivisions) ofthe United States. (31) 'Superior court' means the superior court of the county in which the corporation s registered office is located; or, if the corporation has no registered office, the county in which the corporation s principal office is located; or, if the corporation has neither a registered office nor a principal office, then the Superior Court of Fulton County. (32) 'United States' includes district, authority, bureau, commission, department, and any other agency ofthe United States. (3 3) 'Voting power' means the total number of votes entitled to be cast for the election of directors at the time the determination of voting power is made, excluding a vote which is contingent upon the happening of a condition or event that has not occurred at the time. Where a class is entitled to vote as a class for directors, the determination of voting power of the class shall be

GEORGIA LAWS 2004 SESSION

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based on the percentage of the number of directors the class is entitled to elect out ofthe total number of authorized directors.

14-3-141. (a) Notice under this chapter shall be in writing or by electronic transmission unless oral notice is reasonable under the circumstances. (b) Notice may be communicated in person; by telephone, electronic transmission, or other form of wire or wireless communication; or by mail or private carrier. If these fonns of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published or by radio, television, or other form of public broadcast communication. Unless otherwise provided in the articles of incorporation, bylaws, or this chapter, notice by electronic transmission shall be deemed to be notice in writing for purposes ofthis chapter. (c) Written notice by a domestic or foreign corporation to its members, if in a comprehensible form, is effective when mailed, if mailed with first-class postage prepaid and correctly addressed to the member's address shown in the corporation's current record of members. If the corporation has more than 500 members of record entitled to vote at a meeting, it may utilize a class of mail other than first class if the notice of the meeting is mailed, with adequate postage prepaid, not less than 30 days before the date ofthe meeting. (d) Written notice to a domestic or foreign corporation authorized to transact business in this state may be addressed to its registered agent at its registered office or to the corporation or its secretary at its principal office shown in its most recent annual registration or, in the case of a foreign corporation that has not yet delivered an annual registration, in its application for a certificate of authority. (e) Except as provided in subsections (c) and (h) of this Code section or in the articles of incorporation or bylaws, written notice, if in a comprehensible form, is effective at the earliest ofthe following:
(1) When received or when delivered, properly addressed, to the addressee s last known principal place ofbusiness or residence; (2) Five days after its deposit in the mail, as evidenced by the postmark, if mailed with first-class postage prepaid and correctly addressed; or (3) On the date shown on the return receipt, if sent by registered or certified mail or statutory overnight delivery, return receipt requested, and the receipt is signed by or on behalf ofthe addressee. (f) Oral notice is effective when communicated if communicated in a comprehensible manner. (g) In calculating time periods for notice under this chapter, when a period of time measured in days, weeks, months, years, or other measurement of time is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted. {h)( I) Without limiting the manner by which notice otherwise may be given effectively to members, any notice to members given by the corporation under any provision of this chapter, the articles of incorporation, or the bylaws shall

526

GENERAL ACTS AND RESOLUTIONS, VOL. I

be effective if given by a form of electronic transmission consented to by the member to whom the notice is given. Any such consent shall be revocable by the member by written notice to the corporation. Any such consent shall be deemed revoked if:
(A) The corporation is unable to deliver by electronic transmission two consecutive notices given by the corporation in accordance with such consent; and (B) Such inability becomes known to the secretary or an assistant secretary of the corporation or to the transfer agent or other person responsible for the giving of notice; provided, however, that the inadvertent failure to treat such inability as a revocation shall not invalidate any meeting or other action. (2) Notice given pursuant to this subsection shall be deemed effective: (A) If by facsimile telecommunication, when transmitted to a number at which the member has consented to receive notice; (B) Ifby e-maiL when transmitted to an e-mail address at which the member has consented to receive notice; (C) If by a posting on an electronic network together with separate notice to the member of such specific posting, upon the later of (i) such posting or (ii) the giving of such separate notice; and (D) If by any other form of electronic transmission, when transmitted to the member. (i) An affidavit, certificate, or other written confirmation of the secretary or an assistant secretary or of the transfer agent or other agent of the corporation that the notice has been given under this Code section shall, in the absence of fraud, be prima-facie evidence ofthe facts stated therein. (j) The corporation may be obligated to accept from a member consents, requests, demands, or notices given and delivered under this chapter to the principal place of business of the corporation or to an officer or agent of the corporation having custody of the books in which proceedings of meetings of members are recorded by electronic transmission only as provided by resolution ofthe board ofdirectors ofthe corporation or in the articles of incorporation. (k) Unless the registered agent of the corporation shall provide written consent to the corporation to the receipt of a member's consent, request, demand, or notice by electronic transmission under this chapter, delivery made to a corporation s registered office shall be made by hand or by certified or registered mail or statutory overnight delivery, return receipt requested. (I) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If articles ofincorporation or bylaws prescribe notice requirements, not inconsistent with this Code section or other provisions of this chapter, those requirements govern.'

SECTION23. Said chapter is further amended by striking subsection (a) of Code Section 14-3-160, relating to court ordered meetings, notice of such meetings, and the

GEORGIA LAWS 2004 SESSION

527

validity of such meetings or votes relative to nonprofit corporations, in its entirety
and inSerting in lieu thereof the following:
(a) If for any reason it is impractical or impossible for any corporation to call or conduct a meeting of its members, delegates, or directors, or otherwise obtain their consent, in the manner prescribed by its articles, bylaws, or this chapter, then upon petition of a director, officer, delegate, member, or the Attorney
General, the superior court may order that such a meeting be called or that a ballot in writing or by electronic transmission or other form of obtaining the vote
of members, delegates, or directors be authorized, in such a manner as the court finds fair and equitable under the circumstances.'

SECTION24.

Said chapter is further amended by striking in its entirety Code Section 14-3-202.1,

relating to publication ofnotice of intent to file articles ofincorporation ofnonprofit

corporations, and inserting in lieu thereof the following:

'14-3-202.1.

Code Section 14-2-201.1 shall apply equally to the organization of corporations

under this chapter, except that the notice to the publisher of the newspaper shall

be in substantially the following form:

'NOTICE OF INCORPORATION

Notice is given that articles of incorporation which incorporate

- - - - - - - - - - , - - - - (name of corporation) have been delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit

Corporation Code. The initial registered office of the corporation is located at

- - - - - - - - - - (address of registered office) and its initial

registered agent at such address is

(name ofagent).

SECTION25. Said chapter is further amended by striking subsection (b) of Code Section 14-3-205, relating to organizational meetings relative to nonprofit corporations, and inserting in lieu thereof the following:
'(b) Action required or permitted by this chapter to be taken by incorporators at an organizational meeting may be taken without a meeting if the action taken is evidenced by one or more consents in writing or by electronic transmission describing the action taken and signed by each incorporator.'

SECTION26. Said chapter is further amended by striking subsection (b) of Code Section 14-3-304, relating to ultra vires purposes and powers relative to nonprofit corporations, and inserting in lieu thereof the folloWing:
'(b) A corporation s power to act may be challenged: (I) In a proceeding by a member against the corporation to enjoin the act; (2) In a proceeding by the corporation, directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or furmer director, officer, employee, or agent ofthe corporation; or

528

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) In a proceeding by the Attorney GenerallUlder Code Section 14-3-1430.'

SECTION27. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-3-305, relating to a nonprofit defined, rights, reporting practices, and the director s role, and inserting in lieu thereof the following:
*(a) As used in this Code section, the tenn 'nonprofit' means any corporation which is formed, created, or operated by or on behalfof a hospital authority. (b) Nonprofits shall have all ofthe rights, powers, benefits, and purposes granted to other corporations lUlder this chapter and shall not be subject to any restrictions contained in Article 4 of Chapter 7 of Title 31, the 'Hospital Authorities Law,' except as provided in subsections (c) and (d) ofthis Code section:

SECTION28. Said chapter is further amended by striking subsection (b) of Code Section 14-3-510, relating to venue, residency, and principal office requirements, and inserting in lieu thereofthe following:
*(b) Each domestic corporation and each foreign corporation authorized to transact business in this state shall be deemed to reside and to be subject to venue as follows:
(I) In civil proceedings generally, in the colUlty of this state where the corporation maintains its registered office, or if the corporation fails to maintain a registered office, it shall be deemed to reside in the colUlty where its last named registered office or principal office, as shown by the records of the Secretary of State, was maintained; (2) In actions based on contracts, in that colUlty in this state where the contract to be enforced was made or is to be performed, if the corporation has an office and transacts business in that collllty; (3) In actions for damages beeause of torts, wrong, or injury done, in the colUlty where the cause of action originated, if the corporation has an office and transacts business in that colUlty; (4) In actions for damages because of torts, wrong, or injury done, in the county where the cause of action originated. If venue is based solely on this paragraph, the defendant shall have the right to remove the action to the county in Georgia where the defendant maintains its principal place of business. A notice of removal shall be filed within 45 days of service of the summons. Upon motion by the plaintiff filed within 45 days of the removal, the court to which the case is removed may remand the case to the original court if it finds that removal is improper under the provisions of this paragraph. Upon the defendant's filing of a notice ofremoval, the 45 day time period for filing such notice shall be tolled Wltil the remand, the entry of an order by the court detennining that the removal is valid, or the expiration of the time period fur the plaintiff to file a motion challenging the renioval, whichever occurs first; and

GEORGIA LAWS 2004 SESSION

529

(5) In garnishment proceedings, in the county of this state in which is located
the corporate office or place of business where the employee who is the defendant in the main action is employed."

SECTION29. Said chapter is further amended by striking in its entirety Code Section 14-3-610, relating to voting rights relative to members ofnonprofit corporations, and inserting in lieu thereof the following:
14-3-610. Members as defined in paragraph (22) of Code Section 14-3-140 shall have no voting rights, other than to elect directors, except as specifically provided in the articles or bylaws. All members shall have the same rights and obligations with respect to any other matters, except as set forth in or authorized by the articles or bylaws. Except for the rights specified in Code Sections 14-3-740 through 14-3-747, members of any corporation existing on July 1, 1991, shall be limited to having the same voting and other rights as before such date, until changed by amendment of its articles of incorporation or bylaws."

SECTION 30. Said chapter is further amended by striking subsection (a) of Code Section 14-3-620, relating to the resignation of a member of a nonprofit corporation and the effect thereof, and inserting in lieu thereofthe following:
(a) Unless otherwise provided by law, a member may resign from membership at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is delivered unless the notice specifies a later effective date, although the articles or bylaws may require reasonable notice before the resignation is effective."

SECTION31. Said chapter is further amended by striking in its entirety Code Section 14-3-702, relating to special meetings of members of nonprofit corporations, and inserting in lieu thereofthe following:
14-3-702. (a) A corporation with members shall hold a special meeting ofmembers:
(1) On call of its board or the person or persons authorized to do so by the articles or bylaws; or (2) Except as otherwise provided in the articles or bylaws, if the holders of at least 5 percent of the voting power of any corporation sign, date, and deliver to any corporate officer one or more demands in writing or by electronic transmission for the meeting describing the purpose or purposes for which it is to be held. (b) If not otherwise fixed under Code Section 14-3-703 or Code Section 14-3-707, the record date for determining members entitled to demand a special meeting is the date the first member signs the demand.

530

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) If a notice for a special meeting demanded ooder paragraph (2) of subsection (a) of this Code section is not given pursuant to Code Section 14-3-705 within 30 days after the date the demand or demands in writing or by electronic transmission are delivered to a corporate officer, regardless of the requirements of subsection (d) of this Code section, a person signing the demand or demands may set the time and place of the meeting and give notice pursuant to Code Section 14-3-705. (d) Special meetings of members may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation s principal office or other suitable place. (e) Only those matters that are within the purpose or purposes described in the meeting notice required by Code Section 14-3-705 may be conducted at a special meeting ofmembers. (f) Unless otherwise provided in the articles, a demand by a member for a special meeting may be revoked by a written or electronic transmission to that effect by the member received by the corporation prior to the call of the special meeting. (g) A bylaw provision governing the voting power required to call special meetings is not a quorum or voting requirement.

SECTION32. Said chapter is further amended by striking in its entirety Code Section 14-3-704, relating to approval of action without a meeting of the members of a nonprofit corporation, and inserting in lieu thereofthe following:
'14-3-704. (a) Unless limited or prohibited by the articles or bylaws, or unless this chapter requires a greater number of affirmative votes, action required or permitted by this chapter to be approved by the members may be approved without a meeting of members if the action is approved by members holding at least a majority of the voting power. The action must be evidenced by one or more consents in writing or by electronic transmission describing the action taken, signed by those members representing at least a majority ofthe voting power, and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (b) No consent in writing or by electronic transmission signed ooder this Code section shall be valid unless:
(1) The consenting member has been furnished the same material that, under this chapter, would have been required to be sent to members in a notice of a meeting at which the proposed action would have been submitted to the members for action; or (2) The written consent contains an express waiver of the right to receive the material otherwise required to be furnished. (c) If not otherwise determined under Code Section 14-3-703 or Code Section 14-3-707, the record date for determining members entitled to take action without a meeting is the date the first member signs the consent.

GEORGIA LAWS 2004 SESSION

531

(d) A consent signed Wider this Code section has the effect of a meeting vote and may be described as such in any document. (e) Written notice of men1ber approval pursuant to this Code section shall be
given to all members who have not signed the written consent. If written notice
is required, member approval pursuant to this Code section shall be effective ten days after such written notice is given. (f) An electronic transmission which is transmitted by a member that evidences a member s consent or approval on a ballot, requests or demands an action to be
taken by the corporation, or provides notice to the corporation Wider this chapter
shall be deemed to be written, signed, and dated for the purposes of this chapter, provided that any such electronic transmission sets forth or is delivered with information from which the corporation can determine (I) that the electronic transmission was transmitted by the member and (2) the date on which such member transmitted such electronic transmission. The date on which such electronic transmission is transmitted shall be deemed to be the date on which such consent, request, demand, or notice was signed."

SECTION33. Said chapter is further amended by striking subsection (e) of Code Section 14-3-705, relating to notice of a meeting ofmembers of a nonprofit corporation, and inserting in lieu thereofthe following:
'(e) When giving notice of an annual, regular, or special meeting of members, a corporation shall give notice of a matter a member intends to raise at the meeting if:
(1) Requested in writing or by electronic transmission to do so by a person entitled to call a special meeting; and (2) The request is received by the secretary or president of the corporation at least ten days before the corporation gives notice of the meeting."

SECTION34. Said chapter is further amended by striking subsection (a) of Code Section 14-3-706, relating to waiver of notice by a member of a nonprofit corporation, and inserting in lieu thereofthe following:
'(a) A member may waive any notice required by this chapter, the articles, or bylaws before or after the date and time stated in the notice. The waiver must be in writing or by electronic transmission, be signed by the member entitled to the notice, and be delivered to the corporation for inclusion in the minutes or filing with the corporate records."

SECTION 35. Said chapter is further amended by striking in its entirety Code Section 14-3-708, relating to action taken without a meeting of the members of a nonprofit corporation, and inserting in lieu thereof the following:

532

GENERAL ACTS AND RESOLUTIONS, VOL. I

'14-3-708. (a) Unless prohibited or limited by the articles or bylaws, any action that may be taken at any annual, regular, or special meeting ofmembers may be taken without a meeting if the corporation delivers a ballot in writing or by electronic transmission to every member entitled to vote on the matter. (b) A ballot in writing or by electronic transmission shall:
( 1) Set forth each proposed action; and (2) Provide an opportunity to vote for or against each proposed action. (c) Approval by ballot in writing or by electronic transmission pursuant to this Code section shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number ofvotes cast was the same as the number ofvotes cast by ballot. (d) All solicitations for votes by ballot in writing or by electronic transmission shall: (1) Indicate the number ofresponses needed to meet the quorum requirements; (2) State the percentage of approvals necessary to approve each matter other than election of directors; and (3) SpecifY the time by which a ballot must be received by the corporation in order to be counted. (e) Except as otherwise provided in the articles or bylaws, a ballot in writing or by electronic transmission may not be revoked.'

SECTION36. Said chapter is further amended by striking subsections (a) through (c) of Code Section 14-3-720, relating to membership lists of nonprofit corporations, and inserting in lieu thereofthe following:
"(a) After fixing a record date for a meeting, a corporation shall prepare an alphabetical list of the names of all its members who are entitled to notice ofthe meeting. The list must show the address of and number of votes each member is entitled to vote at the meeting. Nothing contained in this Code section shall require the corporation to include e-mail addresses or other information for delivery of electronic transmissions on such list. (b) The list of members must be available for inspection by any member for the purpose of communication with other members concerning the meetin& beginning two business days after notice is given ofthe meeting for which the list was prepared and continuing through the meeting: (1) on a reasonably accessible electronic network, provided that the information required to gain access to such list is provided with the notice of the meeting or upon request or (2) durin8 ordinary business hours at the corporation s principal office or at a reasonable place identified in the meeting notice in the city where the meeting will be bel~ In the event that the corporation makes the list available on an electroDlC network, the corporation may take reasonable steps to ensure that such information is available only to members of the corporation. A member, a

GEORGIA lAWS 2004 SESSION

533

member's agent, or a member's attomey is entitled on written demand to inspect and, subject to the limitations of subsection (c) of Code Section 14-3-1602 and Code Section 14-3-1605, to copy the list, at a reasonable time and at the member's expense, during the period it is available for inspection. (c) If the meeting is to be held in person, the corporation shall make the list of members available at the meeting, and any member, a member's agent, or member s attomey is entitled to inspect the list at any time during the meeting or any aqjoumment If the meeting is to be held solely by means of remote communication, then the list shall be open to the examination of any member during the duration of the meeting on a reasonably accessible electronic network,
and the information required to access such list shall be provided with the notice
ofthe meeting.'

SECTION 37. Said chapter is further amended by striking in its entirety Code Section 14-3-724, relating to proxies relative to voting by members of nonprofit corporations, and inserting in lieu thereof the following:
'14-3-724. (a) Unless the articles or bylaws prohibit or limit proxy voting, a member may vote in person or by proxy. (b) A member or his or her agent or attomey in fact may appoint a proxy to vote or otherwise act for the member by signing an appointment form either personally or by an electronic transmission. An electronic transmission must contain or be accompanied by information from which it can be determined that the member, the member's agent, or the member's attomey in fact authorized the electronic transmission. (c) An appointment of a proxy is effective when a signed appointment form or electronic transmission of the appointment is received by the secretary or other officer or agent authorized to tabulate votes. An appointment is valid for 11 months unless a different period is expressly provided in the appointment form. (d) An appointment of a proxy is revocable by the member. (e) The death or incapacity ofthe member appointing a proxy does not affect the right of the corporation to accept the proxy s authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises authority under the appointment. (f) Appointment of a proxy is revoked by the person appointing the proxy:
(I) Attending any meeting and voting in person; or (2) Signing and delivering to the secretary or other officer or agent authorized to tabulate proxy votes either a writing stating that the appointment of the proxy is revoked or a subsequent appointment form. (g) Subject to Code Section 14-3-727 and any express limitation on the proxy's authority appearing on the face of the appointment form or in the electronic transmission, a corporation is entitled to accept the proxy's vote or other action as that ofthe member making the appointment.

534

GENERAL ACTS AND RESOLUTIONS, VOL. I

(h) Any copy, facsimile transmission, or other reliable reproduction of the writing or electronic transmission created pursuant to subsection (b) ofthis Code section may be substituted or used in lieu of the original writing or electronic transmission for any and all purposes for which the original writing or electronic transmission could be used, provided that such copy, facsimile transmission, or other reproduction shall be a complete reproduction of the entire original writing or electronic transmission. (i) A corporation may adopt bylaws authorizing additional means or procedures for members to exercise rights granted by this Code section.

SECTION38. Said chapter is further amended by striking subsections (c) through (e) of Code Section 14-3-727, relating to the validity of a signature on a proxy by a member of a nonprofit corporation, and inserting in lieu thereofthe following:
'(c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory s authority to sign for the member or about the faithfulness or completeness of the reproduction when the original has not been examined. (d) The corporation and its officer or agent who accept or reject a vote, conswt, waiver, or proxy appointment in good faith and in accordance with the standards of this Code section or subsection (b) of Code Section 14-3-724 are not liable in damages to the member for the consequences of the acceptance or rejection. (e) Corporate action based on the acceptance or rejection of a vote, conswt, waiver, or proxy appointment under this Code section or subsection (b) of Code Section 14-3-724 is valid unless a court of competent jurisdiction determines otherwise.

SECTION39. Said chapter is further amended by striking subsection (a) of Code Section
14-3-807, relating to the resignation of directors of nonprofit corporations, and
inserting in lieu thereofthe following: '(a) A director may resign at any time by delivering notice in writing or by
electronic transmission to the board of directors, its presiding officer, or to the
president or secretary, or in such other manner as the articles or bylaws may
provide.

SECTION40. Said chapter is further amended by striking subsections (b) and (d) of Code section 14-3-821, relating to action taken without a meeting of the board of directors ofa nonprofit corporation, and inserting in lieu thereofthe following:
'(b) Action taken without a meeting shall be taken by all members of the board.
unless the articles or bylaws specifically permit such action to be taken by less
than all, but not less than a majority of the board. The action must be evidCnced

GEORGIA LAWS 2004 SESSION

535

by one or more consents in writing or by electronic transmission describing the action taken, signed by no fewer than the required munber of directors, and delivered to the corporation for inclusion in the minutes for filing with the corporate records reflecting the action taken. Such filing shall be in paper form ifthe minutes are maintained in paper form and shall be in electronic form if the minutes are maintained in electronic form." '(d) A consent signed and delivered by a director under this Code section has the effect of a meeting vote and may be described as such in any document."

SECTION 41. Said chapter is further amended by striking subsection (a) of Code Section 14-3-823, relating to waiver of notice of a meeting of the board of directors of a nonprofit corporation, and inserting in lieu thereof the following:
'(a) A director may waive any notice required by this chapter, the articles of incorporation, or bylaws before or after the date and time stated in the notice. Except as provided by subsection (b) of this Code section, the waiver must be in writing or by electronic transmission, signed by the director entitled to the notice, and delivered to the corporation for inclusion in the minutes or filing with the corporate records."

SECTION 42. Said chapter is further amended by striking in its entirety Code Section 14-3-841, relating to duties of officers of nonprofit corporations, and inserting in lieu thereof the following:
'14-3-841. Each officer has the authority and shall perfurm the duties set forth in the articles or bylaws or, to the extent consistent with the articles or bylaws, the duties and authority prescribed by the board or by direction of an officer authorized by the board to prescribe the duties and authority of other officers. Unless the articles, bylaws, or a resolution of the board of directors of the corporation provides otherwise, the chief executive officer or the president if no person has been designated as chief executive officer of the corporation shall have authority to conduct all ordinary business on behalf of the corporation and may execute and deliver on behalf of the corporation any contract, conveyance, or similar document not requiring approval by the board of directors or members as provided in this chapter."

SECTION 43. Said chapter is further amended by striking subsection (a) of Code Section 14-3-843, relating to resignation and removal of officers of nonprofit corporations, and inserting in lieu thereofthe following:
'(a) An officer may resign at any time by delivering notice in writing or by electronic transmission to the corporation. A resignation is effective when the notice is effective unless the notice specifies a future effective date. If a resignation is made effective at a future date and the corporation accepts the

536

GENERAL ACTS AND RESOLUTIONS, VOL. I

future effective date, its board of directors may fill the pending vacancy before the effective date if the board provides that the successor does not take office until the effective date."

SECTION 44. Said chapter is further amended by striking subparagraph (a)(2)(C) of Code Section 14-3-856, relating to indemnification of officers, employees, and agents of nonprofit corporations, and inserting in lieu thereof the following:
"(C) The types ofliability set forth in Code Section 14-3-831; or".

SECTION 45. Said chapter is further amended by striking subsections (a) and (b) of Code Section 14-3-858, relating to applicability of indemnification provisions in certain official documents ofnonprofit corporations, and inserting in lieu thereofthe following:
'(a) A corporation may, by a provision in its articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or members, obligate itself in advance of the act or omission giving rise to a proceeding to provide indemnification or advance funds to pay for or reimburse expenses consistent with this part. Any such provision that obligates the corporation to provide indemnification to the fullest extent permitted by law shall be deemed to obligate the corporation to advance funds to pay for or reimburse expenses in accordance with Code Section 14-3-853 to the fullest extent
permitted by law, unless the provision specifically provides otherwise. Any such
provision existing on July 1, 1991, shall be valid to the extent it does not provide for broader indemnification than is allowed under this part. (b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnify or advance expenses to a director of a predecessor of the corporation, pertaining to conduct with respect to the predecessor, unless otherwise specifically provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the board of directors, members, shareholders, partners, or, in the case of limited liability companies, members or managers of a predecessor of the corporation or other entity in a merger or in a contract to which the predecessor is a party, existing at the time the merger takes effect, shall be governed by paragraph (3) of Code Section 14-3-1105.'

SECTION 46. Said chapter is further amended by striking in their entirety subsections (c), (d), (e), and (g) of Code Section 14-3-1006, relating to restated articles of incorporation for nonprofit corporations, and inserting in lieu thereof the following:
'(c) If the board seeks to have the restatement approved by the members at a
membership meeting, the corporation shall notify each of its members of the proposed membership meeting in writing in accordance with Code section 14-3-705. 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

GEORGIA lAWS 2004 SESSION

537

accompanied by a copy of the restatement that identifies any amendments or other change it would make in the articles or contain or be accompanied by a full and complete swmnary of any such amendment or other change. (d) If the board seeks to have the restatement approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy of the restatement that identifies any amendments or other .change it would make in the articles or contain or be accompanied by a
full and complete swmnary of any such amendment or other change.
(e) A corporation restating its articles of incorporation shall deliver to the Secretary of State for filing articles of restatement setting forth the name of the corporation and the text of the restated articles of incorporation, including or accompanied by a certificate setting forth the following information:
(I) Whether the restatement contains an amendment to the articles requiring approval by the members or any other person other than the board of directors and, if it does not, that the board of directors adopted the restatement; or (2) Ifthe restatement contains an amendment to the articles requiring approval by the members, the information required by Code Section I4-3-I 005; and (3) Ifthe restatement contains an amendment to the articles requiring approval by a person whose approval is required pursuant to Code Sections I4-3-1030 and I4-3-I 04I, a statement that such approval was obtained.' (g) The Secretary of State may certifY restated articles of incorporation, as the articles of incorporation currently in effect, without including any certificate filed pursuant to subsection (e) ofthis Code section:

SECTION 47. Said chapter is further amended by striking in its entirety Code Section I4-3-II 0 I, relating to definitions and plans for mergers ofnonprofit corporations, and inserting in lieu thereof the following:
I4-3-1101. (a) Subject to the limitations set forth in Code Section 14-3-1102, one or more corporations may merge into another corporation if the plan of merger is approved as provided in Code Section 14-3 -1I 03. (b) The plan ofmerger must set forth:
(I) The name of each corporation planning to merge and the name of the surviving corporation into which each plans to merge; (2) The terms and conditions ofthe planned merger; and (3) The manner and basis, if any, of converting the memberships of each corporation into obligations, memberships, or other securities of the surviving or any other corporation or into cash or other property in whole or in part. (c) The plan ofmerger may set forth: (I) Amendments to the articles of incorporation of the surviving corporation; and (2) Other provisions relating to the merger. (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

538

GENERAL ACTS AND RESOLUTIONS, VOL. I

such facts shall operate upon the tenus 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 48. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-3-1102, relating to a merger without court approval, notice to the Attorney General, and receipt or retention by a member of anything resulting from a merger, and inserting in lieu thereof a new subsection (a) and by adding at the md thereof a new subsection (d) to read as follows:
"(a) Without the prior approval ofthe superior court in a proceeding ofwhich the Attorney General has been given written notice, a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may merge with a corporation or fureign corporation or other entity, provided that:
( 1) The corporation or entity which is the surviving corporation or entity is a corporation or entity described in paragraph (2) of subsection (a) in Code Section 14-3-1302 after the merger; or
(2)(A) On or prior to the effective date of the merger, assets with a value equal to the greater ofthe fair market value of the net tangible and intangible assets including good will of the corporation or the fair market value of the corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved; (B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason ofthe merger, in accordance with such condition; and (C) The merger is approved by a majority of directors of the corporation who are not and will not become members or shareholders in or oflietJ'S, employees, agents, or consultants ofthe surviving corporation or entity.' "(d) For purposes of this Code section, the definitions contained in Code Section 14-3-1108 shall be applicable."

SECTION49. Said chapter is further amended by striking subsections (a) and (e) of Code Section
14-3-11 03, relating to approval of plan of merger by members or directors and
abandonment ofthe plan, and inserting in lieu thereof the following: "(a) Unless this chapter, the articles, the bylaws, or the board of directors or members acting pursuant to subsection (c) of this Code section require a greater vote or voting by class, a plan ofmerger to be authorized must be approved: (1) By the board; (2) By the members, if any, by two-thirds ofthe votes cast or a majority ofthe voting power, whichever is less; and

GEORGIA LAWS 2004 SESSION

539

(3) In writing by any person or persons whose approval is required by a provision of the articles authorized by Code Section 14-3-103 0 for an amendment to the articles or bylaws: '(e) If the board seeks to have the plan approved by the members by consent or ballot in writing or electronic transmission, the material soliciting the approval
shall contain or be accompanied by a copy or summary of the plan. The copy or
summary of the plan for members of the surviving corporation shall include any provision that, if contained in a proposed amendment to the articles of incorporation or bylaws, would entitle members to vote on the provision. The copy or summary of the plan for members of the disappearing corporation shall include a copy or summary of the articles and bylaws that will be in effect immediately after the merger takes effect."

SECTION 50. Said chapter is further amended by striking in its entirety Code Section 14-3-1104, relating to articles of merger and publication of notice of merger, and inserting in lieu thereofthe following:
'14-3-11 04. (a) After a plan of merger is approved by the board of directors, and, if required by Code Section 14-3-1103, by the members and any other persons, the surviving corporation or entity shall deliver to the Secretary of State for filing articles of merger setting forth:
(1) Theplanofmerger; (2) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors; (3) If approval by members was required:
(A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number ofvotes ofeach class indisputably voting on the plan; and (B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number ofundisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (4) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-3-1103, a statement that the approval was obtained; and (5) Ifapproval ofthe shareholders ofone or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the shareholders. (b) In li~ of filing articles of merger that set forth the plan of merger, the swviving corporation or entity may deliver to the Secretary of State for filing a certificate ofmerger which sets forth:

540

GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) The name and state of incorporation of each corporation or entity which is merging and the name of the surviving corporation or entity into which each other corporation or entity is merging; (2) Any amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; (3) That the executed plan of merger is on file at the principal place of business ofthe surviving corporation or entity, stating the address thereof; (4) That a copy of the plan of merger will be furnished by the surviving corporation or entity, on request and without cost, to any member or shareholder of any corporation or entity that is a party to the merger; (5) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors; (6) If approval by members was required:
(A) The designation, number of memberships outstanding, number ofvotes
entitled to be cast by each class entitled to vote separately on the plan, and
number ofvotes of each class indisputably voting on the plan; and (B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number ofundisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (7) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of subsection (a) of Code Section 14-3-1103, a statement that the approval was obtained; and (8) If approval ofthe shareholders of one or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the shareholders. (c) Unless a delayed effective date is specified, a merger takes effect when the articles or certificate of merger is filed. (d) For purposes of this Code section, the definitions contained in Code Section 14-3-1108 shall be applicable."

SECTION 51. Said chapter is further amended by adding immediately following Code Section 14-3-1104 anew Code Section 14-3-1104.1 to read as follows:
"14-3-1104.1. (a) Together with the articles or certificate of merger, the surviving corporation or entity shall deliver to the Secretary of State an undertaking which may appear in the articles or certificate ofmerger or be set forth in a letter or other instrUJDed executed by an officer or any person authorized to act on behalf of such
corporation or entity that the request for publication of a notice. of filing the
articles or certificate of merger and payment therefor will be made as required by subsection (b) ofthis Code section. (b) No later than the next business day after filing the articles or certificate of merger, the surviving corporation or entity shall mail or deliver to the publishet

GEORGIA LAWS 2004 SESSION

541

of a newspaper which is the official organ of the coWlty where the registered

office of the surviving corporation or entity is to be located, if the surviving

corporation or entity will be required to maintain a registered office in Georgia,

or where the registered office of the merging corporation or entity was located

prior to the merger in any other case, or which is a newspaper of general

circulation published within such coWlty whose most recently published annual

statement of ownership and circulation reflects a minimum of 60 percent paid

circulation a request to publish a notice in substantially the following form:

'NOTICE OF MERGER

Notice is given that articles or a certificate of merger which will effect a

merger by and between (or among)

(name and state of

incorporation or organization of each constituent corporation or entity) will be

delivered to the Secretary of State for filing in accordance with the Georgia

Nonprofit Corporation Code. The name of the surviving corporation (or other

entity) in the merger will be

, a corporation (or other entity)

incorporated (organized pursuant to the laws of) in the State of

. The

registered office of such corporation (name of type of entity) (is) (will be)

located at

(address of registered office) and its registered (agent)

(agents) at such address (is) (are)

(name or names of agent or

agents).'

The request for publication of the notice shall be accompanied by a check, draft,

or money order in the amoWlt of $40.00 in payment of the cost of publication.

The notice shall be published once a week for two consecutive weeks

commencing within ten days after receipt ofthe notice by tl1e newspaper. Failure

on the part of the surviving corporation or entity to mail or deliver the notice or

payment therefor or failure on the part of the newspaper to publish the notice in

compliance with this subsection shall not invalidate the merger.

(c) For purposes of this Code section, the definitions contained in Code Section

14-3-1108 shall be applicable:

SECTION 52. Said chapter is further amended by striking in their entirety Code Sections 14-3-1105, relating to effect ofmergers, 14-3-1106, relating to mergers with foreign corporations, and 14-3-1107, relating to effect of mergers on bequests, devises, or other transfers ofproperty, and inserting in lieu thereofthe following:
.14-3-1105.
(a) When a merger governed by this chapter takes effect: (I) Every other corporation or entity party to the merger merges into the surviving corporation or entity and the separate existence of every corporation 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 tlle merger is vested in the surviving corporation or entity without reversion or impairment, wiiliout further act or deed, and without any conveyance, transfer, or assignment

542

GENERAL ACTS AND RESOLUTIONS, VOL. I

having occurred, subject to any and all conditions to which the property was

subject prior to the merger;

(3) The surviving corporation or entity has all liabilities and obligations 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; and

(5) The articles of incorporation and bylaws or governing agreements ofthe

surviving corporation or entity are amended to the extent provided in the plan

o f merger.

(b) For purposes of this Code section, the definitions contained in Code Section

14-3-1108 shall be applicable.



14-3-1106. (a) Except as provided in Code Section 14-3-1102, one or more foreign corporations or foreign business corporations may merge with one or more corporations if:
( 1) The merger is permitted by the law of the state or country under whose law
each foreign corporation or foreign business corporation is incorporated and
each foreign corporation or foreign business corporation complies with that law in effecting the merger; (2) The foreign corporation or foreign business corporation complies with Code Sections 14-3-1104 and 14-3-1104.1 if it is the surviving corporation of the merger; and (3) Each corporation complies with the applicable provisions ofCode Sections 14-3-1101 through 14-3-1103 and, if it is the surviving corporation of the merger, with Code Sections 14-3-1104 and 14-3-1104.1. (b) Upon the merger taking effect, the surviving foreign corporation or foreign business corporation, if it does not have a registered agent in this state, shall be deemed to have appointed the Secretary of State as its registered agent for service of process in a proceeding to enforce any obligation of a domestic corporation
party to the merger, until such time as it appoints a registered agent in this state.

14-3-1107. Any bequest, devise, gift, grant, or promise contained in a will or other instrument of donation, subscription, or conveyance, that is made to a constituf.lll corporation or entity and that takes effect or remains payable after the merger, inures to the surviving corporation or entity unless the will or other instnJillcd otherwise specifically provides.

SECTION 53. Said chapter is further amended by adding immediately following Code Sectioll 14-3-1107 a new Code Section 14-3-1108 to read as follows:

GEORGIA LAWS 2004 SESSION

543

'14-3-1108. (a) As used in this Code section and in Code Section 14-3-1107, the tenn:
(1) 'Entity' includes any business corporation or foreign business corporation, domestic or foreign limited liability company, domestic or foreign joint-stock association, or domestic or foreign limited partnership. (2) 'Governing agreements' includes the articles of incorporation and bylaws of a business corporation, foreign business corporation, corporation or foreign corporation, articles of association or trust agreement or indenture and bylaws of a joint-stock association, articles of organization and operating agreement of a limited liability company, and the certificate of limited partnership and limited partnership agreement of a limited partnership, and agreements serving comparable purposes under the laws ofother states or jurisdictions. (3) 'Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of ' this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. (4) 'Limited liability company' includes limited liability companies formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited liability company with a corporation. (5) 'Limited partnership' includes limited partnerships formed under the laws ofthis state or of any other state or territory or the District ofColumbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (6) 'Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a business corporation or a foreign business corporation, limited liability company, joint-stock association or a limited partnership, but does not includes debt obligations of any entity. (7) '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 or other evidence of financial or beneficial interest therein. (b) Subject to the limitations set forth in Code Section 14-3-1102, one or more corporations may merge with one or more entities, except an entity formed under the laws of a state or jurisdiction which forbids a merger with a corporation. The corporation or corporations and one or more entities may merge into a single corporation or other entity, which may be any one of the constituent corporations or entities.

544

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The board ofdirectors of each merging corporation and the appropriate body of each entity, in accordance with its governing agreements and the laws of the state or jurisdiction under which it was formed, shall adopt a plan of merger in accordance with each corporation s and entity's governing agreements and the laws of the state or jurisdiction under which it was formed, as the case may be. (d) The plan ofmerger:
(I) Must set forth: (A) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each other corporation and entity plans to merge; (B) The terms and conditions ofthe merger; and (C) The manner and basis of converting the shares of each corporation and the shares, memberships, or financial or beneficial interests or units in each ofthe entities into shares, obligations, or other securities of the surviving or any other corporation or entity or into cash or other property in whole or in part; and
{2) May set forth: (A) Amendments to the articles of incorporation or governing agreements ofthe surviving corporation or entity; and (B) Other provisions relating to the merger.
(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. (f) In the case of any 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 provisions of this chapter which relate to the merger of corporation. 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 14-3-1104:

SECTION 54. Said chapter is further amended by striking in its entirety Code Section 14-3-1302, relating to exceptions to prohibition against distributions relative to nonprofit corporations, and inserting in lieu thereof the following:
"14-3-1302. (a) A corporation may make distributions to the following:
(1) Organizations whether or not incorporated that are organized and operated for the same or similar purposes as the distributing corporation;

GEORGIA LAWS 2004 SESSION

545

(2) Organizations whether or not incorporated that are organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international sports competition, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder, member, or individual; or (3) A state or possession of the United States, or any political subdivision of any ofthe foregoing, or the United States or the District of Columbia. (b) Except for corporations described in paragraph (2) of subsection (a) of this Code section, a corporation may repurchase a membership for the consideration that the member paid for his or her membership if, after the purchase is completed: (1) The corporation would be able to pay its debts as they become due in the normal course ofbusiness; and (2) The corporation s total assets would at least equal the sum ofits liabilities.

SECTION 55. Said chapter is further amended by striking in its entirety Code Section 14-3-1401, relating to dissolution by incorporators or initial directors, and inserting in lieu thereof the following:
'14-3-1401. A majority of the incorporators or initial directors of a corporation that has not admitted members entitled to vote on dissolution, has not commenced activities,
and has no net assets may dissolve the corporation by delivering to the Secretary
ofState for filing articles ofdissolution that set forth: (1) The name ofthe corporation; (2) The date of its incorporation; (3) That: (A) The corporation has not admitted members entitled to vote on dissolution; (B) The corporation has not commenced activities; and (C) The corporation has no net assets. (4) That no debt ofthe corporation remains unpaid; and (5) That a majority of the incorporators or initial directors authorized the dissolution."

SECTION 56. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1402, relating to proposal of dissolution and approval thereof, and inserting ill lieu thereofthe following:
'(a) A corporation s board of directors may propose dissolution for submission
to the members, ifthere are members entitled to vote thereon as follows:
(1) For a proposal to dissolve to be adopted: (A) The board of directors must recommend dissolution to the members unless the board ofdirectors elects, because of a conflict of interest or other

546

GENERAL ACTS AND RESOLUTIONS, VOL. I

special circwnstances, to make no recommendation and communicates the basis for its determination to the members; and (B) The members entitled to vote must approve the proposal to dissolve as provided in paragraph (4) ofthis subsection; (2) The board of directors may condition its submission of the proposal for dissolution on any basis; (3) The corporation shall notifY each member entitled to vote of the proposed members' meeting in accordance with Code Section 14-3-705. The notice must also state that the purpose, or one of the purposes, of the meeting is to consider dissolving the corporation; (4) Unless the articles of incorporation, the bylaws, or the board of directors acting pursuant to paragraph (2) of this subsection requires a greater vote or vote by classes, the proposal to dissolve to be adopted must be approved by a majority of all the votes entitled to be cast on that proposal; and (5) Ifthe board seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary ofthe plan ofdissolution.'

SECTION 57. Said chapter is further amended by striking subsection (e) of Code Section 14-3-1408, relating to request for presentation of claims, enforcement of claims, and when claims are barred, and inserting in lieu thereofthe following:
"(e) Subject to the provisions of this Code section, a claim against a corporation in dissolution or against a dissolved corporation may be enforced under this Code section:
(1) Against the corporation, to the extent of its undistributed assets; or (2) Ifthe assets have been distributed in liquidation, against a distributee ofthe corporation to the extent of such distributee s pro rata share of the claim or the corporate assets distributed to him or her in liquidation, whichever is less, but a distributee's total liability for all claims under this Code section may not exceed the total amount of assets distributed to him or her."

SECTION 58. Said chapter is further amended by adding inunediately following Code Section
14-3 -1409 a new Code Section 14-3-1409.1 to read as follows: "14-3-1409.1. The dissolution of a corporation in any manner, except by a decree ofthe superior
court when the court has supervised the liquidation of the assets and business of
not the corporation as provided in Code Section 14-3-1430 and 14-3-1433, shall
take away or impair any remedy available to such corporation, its directo~
officers, or members for any right or claim existing prior to such dissolution if
action or other proceeding thereon is pending on the date of such dissolutio~ is commenced within two years after the date of such dissolution. Any .. action or proceeding by the corporation may be prosecuted by the corporation ill its corporate name. The members, directors, and officers shall have the power 10

GEORGIA LAWS 2004 SESSION

547

take such corporation or other action as shall be appropriate to protect such remedy, right, or claim."

SECTION 59. Said chapter is further amended by striking paragraphs (6), (12), and (13) of subsection (b) of Code Section 14-3-15 01, relating to the requirement of a certificate of authority to transact business, and inserting in lieu thereof the fullowing:
'(6) Soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where the orders require acceptance outside this state before becoming binding contracts and where the contracts do not involve any local performance other than delivery and installation;". '(12) Serving as trustee, executor, administrator, or guardian, or in like fiduciary capacity, where permitted so to serve by the laws ofthis state; (13) Owning directly or indirectly an interest in or controlling directly or indirectly another entity organized under the laws of or transacting business within this state; or (14) Serving as a manager of a limited liability company organized under the laws ofor transacting business within this state.n

SECTION60. Said chapter is further amended by striking Code Section 14-3-1509, relating to resignation of registered agent of foreign corporation, and inserting in lieu thereof the fullowing:
'14-3-1509. (a) The registered agent of a foreign corporation may resign his or her agency appointment by signing and delivering to the Secretary of State for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued. (b) On or before the date of filing of the statement ofresignation, the registered agent shall deliver or mail a written notice ofthe agenf s intention to resign to the chief executive officer, chief financial officer, or secretary of the corporation, or a person holding a position comparable to any of the foregoing, as named, and at the address shown in the annual registration, or in the articles of incorporation ifno annual registration has been filed. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the earlier of the filing by the corporation of an amendment to its annual registration designating a new registered agent and registered office if also discontinued or the thirty-first day after the date on which the statement was filed:

SECTION61. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1520, relating to withdrawal of a foreign corporation from the state, and iDserting in lieu thereofthe following:

548

GENERAL ACTS AND RESOLUTIONS, VOL. I

'(a) A foreign corporation authorized to transact business in this state may not withdraw from this state until it obtains a certificate of withdrawal from the Secretary of State. A foreign corporation authorized to transact business in this state that merges with and into a domestic corporation pursuant to Code Section 14-3 -11 06 and is not the surviving corporation in such merger need not obtain a certificate ofwithdrawal from the Secret.ary of State."

SECTION62. Said chapter is further amended by striking paragraphs (5), (6), and (8) of subsection (a) of Code Section 14-3-1602, relating to members' rights to copy and inspect records, and inserting in lieu thereof the following:
'(5) The minutes of all meetings of members, executed waivers of notice of meetings, and executed consents, delivered in writing or by electronic transmission, evidencing all actions taken or approved by the members without a meeting, for the past three years; (6) All communications in writing or by electronic transmission to members generally within the past three years, including the financial statements furnished for the past three years under Code Section 14-3-1620;" '(8) Its most recent annual registration delivered to the Secretary of State under Code Section 14-3-1622."

SECTION 63. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1620, relating to furnishing financial statements to members, and inserting in lieu thereof the following:
"(a) A corporation upon request in writing or by electronic transmission from a member shall furnish that member its latest prepared annual financial statements, which may be consolidated or combined statements of the corporation and one or more of its subsidiaries or affiliates, in reasonable detail as appropriate, that include a balance sheet as of the end of the fiscal year and statement of operations for that year. If financial statements are prepared for the corporation on the basis of generally accepted accounting principles, the annual finanCial statements must also be prepared on that basis."

SECTION 64. Said chapter is further amended by striking subsection (d) of Code Section
14-3-1701, relating to applicability of chapter to certain corporations, and insertin8 in lieu thereof the following:
"(d) If the articles of incorporation, charter, or bylaws of a corporation in existence on July I, 1991, contain any provisions that were not authorized or permitted by the prior general corporation law of this state but which are authorized or permitted by this chapter, the provisions of the articles of
incorporation, charter, or bylaws shall be valid on and from that date, and action may be taken on and from that date in reliance on those provisions. Ifthe article&
of incorporation, charter, or bylaws of a corporation in existence on July 1, 1991,

GEORGIA lAWS 2004 SESSION

549

contain any provisions that were authorized or pennitted by the prior nonprofit corporation law of this state that were validly adopted under the law in effect at the time of their adoption, and that are authorized or pennitted by this chapter, the provisions of the articles of incorporation, charter, or bylaws shall continue to be valid on and from that date, whether or not this chapter imposes requirements for the adoption of such provisions that are different from those in effect at the time the provisions were adopted:

SECTION65. Said chapter is further amended by striking paragraphs (2), (5), and (6) of subsection (a) of Code Section I4-3-1703, relating to saving provisions, and inserting in lieu thereofthe following:
'(2) Any ratification, right, remedy, privilege, obligation, or liability acquired, accrued, or incurred under the statute before its repeal; but the same, as well as actions that are pending on July I, I99I, may be asserted, enforced, prosecuted, or defended as ifthe prior statute has not been repealed;" '(5) Any proceeding, reorganization, or dissolution commenced under the statute before its repeal, and the proceeding, reorganization, or dissolution may be completed in accordance with the statute as if it had not been repealed; (6) Any provision of the articles of incorporation, charter, or bylaws of a corporation in existence on July I, I99I, that was authorized or pennitted by the prior nonprofit corporation law ofthis state, that was validly adopted under the law in effect at the time of its adoption, and that is authorized or pennitted by this chapter; or (7) Any meeting of members or directors or action by written consent noticed or any action taken before its repeal as a result of a meeting of members or directors or action by written consent."

SECTION66. Said chapter is further amended by striking from the following Code sections the word ''he" wherever the same shall occur and inserting in lieu thereof "he or she":
(I) Code Section I4-3-I25, relating to duty of the Secretary of State to file documents and effect of filing or refusing to do so; (2) Code Section I4-3-I29, relating to penalty for signing false document; (3) Code Section I4-3-I70, relating to powers of the Attorney General over unlawful assignment of corporate assets, dissolution of corporation, and investigative and subpoena powers; (4) Code Section I4-3-813, relating to appointment of provisional director in case of deadlock; (5) Code Section I4-3-842, relating to standards of conduct for officers; (6) Code Section 14-3 -86I, relating to transactions not subject to being enjoined, set aside, or other sant,i:ions; (7) Code Section 14-3-862, relating to directors action after disclosure of conflict or abstention by interested director;

550

GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) Code Section 14-3-865, relating to voidability of conflicting interest transaction; (9) Code Section 14-3-1508, relating to change of registered office or registered agent of foreign corporation; (10) Code Section 14-3-1530, relating to grounds for revocation; and (11) Code Section 14-3-15 31, relating to procedure for and effect of revocation.

SECTION 67. Said chapter is further amended by striking from the following Code sections the word "him" wherever the same shall occur and inserting in lieu thereof ''him or her":
(1) Code Section 14-3-130, relating to powers of Secretary of State; (2) Code Section 14-3-813, relating to appointment of provisional director in case of deadlock; (3) Code Section 14-3-823, relating to waiver ofnotice; and (4) Code Section 14-3-863, relating to members' action following disclosure o f conflict.

SECTION 68. Said chapter is further amended by striking from the following Code sections the word ''his" wherever the same shall occur and inserting in lieu thereof ''his or her":
(1) Code Section 14-3-125, relating to duty of the Secretary of State to file documents and effect of filing or refusing to do so; (2) Code Section 14-3-126, relating to appeal from Secretary of State's refusal to file document; (3) Code Section 14-3-401, relating to corporate name; (4) Code Section 14-3-5 03, relating to resignation ofregistered agent; (5) Code Section 14-3-601, relating to criteria for membership; (6) Code Section 14-3-823, relating to waiver ofnotice; (7) Code Section 14-3-842, relating to standards of conduct for officers; (8) Code Section 14-3-862, relating to directors action after disclosure of conflict or abstention by interested director; (9) Code Section 14-3 -15 06, relating to corporate name offoreign corporation; (10) Code Section 14-3-1508, relating to change of registered office or registered agent of foreign corporation; and (11) Code Section 14-3-1531, relating to procedure for and effect of revocation.

SECTION69. Article 3 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated. relating to corporations organized for religious, fraternal, or educational purposes, is amended by striking in its entirety Code Section 14-5-40, relating to applicabilitY of Chapter 3 ofTitle 14, and inserting in lieu thereof the following:

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'14-5-40. Chapter 3 of this title shall be fully applicable to all nonprofit corporations organized for religious, fraternal, or educational purposes, including incorporated churches, religious and fraternal societies, schools, academies, colleges, or universities which are 'corporations' as that term is defined in paragraph (6) of Code Section 14-3 -140:

SECTION70. code Section 7-1-712 of the Official Code of Georgia Annotated, relating to applicability of Article 15 of Chapter 2 of Title 14, is amended by striking said code section and inserting in lieu thereofthe following:
'7-1-712. Notwithstanding the definition of the term 'foreign corporation' appearing in paragraph (13) of Code Section 14-2-140, all of the provisions of Article 15 of Chapter 2 of Title 14, relating to foreign corporations, shall apply to all international bank agencies doing business in this state, except that references therein to the Secretary of State should be construed as references to the department."

SECTION71. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

BUILDINGSMINIMUM STANDARD CONSTRUCTION CODES.
No. 534 (Senate Bill No. 550).
AN ACT
To amend Part 2 of Article I ofChapter 2 ofTitle 8 of the Official Code of Georgia Annotated, relating to state minimwn standard codes for construction, so as to change the state minimwn standard codes for construction; to revise definitions; to delete obsolete provisions; to revise provisions in accordance with new codes; to make editorial changes; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state minimum standard codes, is amended by striking Code

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Section 8-2-20, relating to definitions relative to state minimwn standard codes for construction, and inserting in lieu thereofthe following:
'8-2-20. As used in this part, the term:
(I) 'Board' means the Board ofCommunity Affairs. (2) 'Commissioner' means the commissioner of community affairs. (3) 'Department' means the Department of Community Affairs. (4) 'Exempted building' means any ofthe following:
(A) Any building whose peak design rate of energy usage for heating, cooling, ventilation, and lighting is less than one watt or 3. 4 British thermal units (BTUs) per hour per square foot offloor area for all purposes; (B) Any building which is neither mechanically heated nor mechanically cooled; (C) Any mobile home; and (D) Any building owned or leased in whole or in part by the United States. (5) 'Exterior envelope' means those elements of a building which enclose conditioned spaces through which thermal energy may be transferred to or from the exterior. (6) 'New building' means any building on which final design is commenced after the adoption of the International Energy Conservation Code under this part. (7) 'Public building' means any building which is open to the public during normal business hours and is not an exempted building, including the following: (A) Any building which provides facilities or shelter for public assembly or which is used for educational, office, or institutional purposes; (B) Any inn, hotel, motel, sports arena, supermarket, transportation terminal, retail store, restaurant, or other commercial establishment which provides services or retails merchandise; (C) Any portion of an industrial plant building used primarily as office space; and (D) Any building owned by the state or a political subdivision or instrwnentality thereof, including libraries, museums, schools, hospitals, auditoriwns, sports arenas, and university buildings. (8) 'Renovated building' means either ofthe following: (A) A building undergoing alteration of the exterior envelope; heating, ventilation, and air-conditioning systems; water-heating systems; or lighting systems, for which the aggregate cost of alteration exceeds I 0 percent ofthe assessed value of the building immediately prior to such alteration; or (B) A building undergoing alteration in the physical configuration or interior space, for which the aggregate cost of alteration exceeds one-fourth ofthe assessed value ofthe building immediately prior to such alteration.
(9)(A)(i) On and after October I, 1991, 'state minimwn standard codes' means the following codes:

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(I) Standard Building Code (SBCCI); (II) National Electrical Code as published by the National Fire Protection Association; (III) Standard Gas Code (SBCCI); (IV) Standard Mechanical Code (SBCCI); (V) Georgia State Plumbing Code or the Standard Plumbing Code (SBCCI); (VI) Council of American Building Officials One- and Two-Family Dwelling Code, with the exception of Part V - Plumbing (Chapters 20-25) of said code; (VII) Georgia State Energy Code for Buildings as adopted by the State Building Administrative Board pursuant to an Act approved April 10, 1978 (Ga. L. 1978, p. 2212), as such code exists on September 30, 1991; (VIII) Standard Fire Prevention Code (SBCCI); (IX) Standard Housing Code (SBCCI); (X) Standard Amusement Device Code (SBCCI); (XI) Excavation and Grading Code (SBCCI); (XII) Standard Existing Buildings Code (SBCCI); (XIII) Standard Swinnning Pool Code (SBCCI); and (XIV) Standard Unsafe Building Abatement Code (SBCCI). (ii) The codes provided in division (i) of this subparagraph shall mean such codes as they exist on October 1, 1991, provided that the department, with the approval of the board, may adopt a subsequently published edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23. (B)(i) On or after July 1, 2004, 'state minimum standard codes' means the following codes: (I) International Building Code (ICC); (II) National Electrical Code (NFPA); (III) International Fuel Gas Code (ICC); (IV) International Mechanical Code (ICC); (V) International Plumbing Code (ICC); (VI) International Residential Code for One- and Two-Family Dwellings (ICC); (VII) International Energy Conservation Code (ICC); (VIII) International Fire Code (ICC); (IX) International Existing Building Code (ICC); (X) International Property Maintenance Code (ICC); and (XI) Any other codes deemed appropriate by the board for the safety and welfare of Georgia s citizens. (ii) The codes provided in division (i) of this subparagraph shall mean such codes as they exist on July 1, 2004, provided that the department, with the approval of the board, may adopt a subsequently published

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edition of any such code as provided in subsection (b) of Code Section 8-2-23; and provided, further, that any such code may hereafter be amended or revised as provided in subsection (a) of Code Section 8-2-23. (C) References to any standard code in this part shall mean one of the standard codes listed in division (i) of subparagraph (A) or division (i) of subparagraph (B) ofthis paragraph. (D) The term 'state minimum standard codes' shall specifically not include the Georgia State Fire Code as adopted by the Safety Fire Commissioner pursuant to Code Section 25-2-13 nor shall any state minimum standard code be less restrictive than the Georgia State Fire Code."

SECTION2. Said part is further amended by striking Code Section 8-2-21, relating to adoption and continuation of the state minimum codes and enforcement of codes, and inserting in lieu thereofthe following:
"8-2-21. Enforcement of the state minimum standard codes provided for in divisions (9)(A)(i) and (9)(B)(i) of Code Section 8-2-20 shall not include enforcement of appendices to such codes except when:
(1) Any provision of an appendix is specifically referenced in the code text; (2) An appendix to a code is specifically included in an administrative ordinance adopted by a municipality or cmmty; or (3) An appendix to a code is specifically adopted by the department with the approval ofthe board."

SECTION3.
Said part is further amended in Code Section 8-2-23, relating to amendment and
revision of codes, by striking subsection (a) and inserting in lieu thereof the following:
"(a)(1) The department, with the approval ofthe board, may from time to time revise and amend the state minimum standard codes either on its own motion or upon recommendation from any citizen, profession, state agency, or political subdivision of the state. Upon approval by a majority of the board, each such
amendment, modification, or new provision shall be held to be in full force and
effect as if it were included in the original adopted code. Prior to the adoption of any proposed amendment, modification, or new provision, the departmrot shall conduct such public hearings as are required by Chapter 13 of Tide 50, the 'Georgia Administrative Procedure Act,' for the adoption of rules. Such
public hearings shall be conducted at such places, on such dates, and at such
times as may be determined by the department. (2) Revisions of or amendments to the International Energy Conservation Code shall not become effective without the approval of the Division of
Energy Resources of the Georgia Environmental Facilities Authority. 1be department shall consult with the division during the revision or amendment

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ofsuch code and shall submit such revisions or amendments to the division for approval at least ten days prior to the adoption thereof (3) The department shall make copies of amendments to codes available to members of the general public at such price as it deems reasonable to defray the costs of publication and handling. Notice of amendments to or adoption of a new edition of any state minimum standard code which is applicable state wide shall be provided by the department to the chief elected official and the chief building enforcement official of a municipality or county and to the chief fire official of each fire department certified pursuant to Article 2 of Chapter 3 of Title 25 at least ten days prior to the effective date of such amendments. (4) The revision or amendment of any of the state minimum standard codes shall have reasonable and substantial connection with the public health, safety, and general welfare.'

SECTION4. Said part is further amended in Code Section 8-2-24, relating to the advisory committee, by striking subsections (a) and (b) and inserting in lieu thereof the following:
'(a) For the purpose of assisting the department in carrying out the provisions of Code Section 8-2-23, the commissioner shall appoint an advisory committee to be composed of21 members as follows:
( 1) The Georgia Safety Fire Commissioner or his or her designee as an ex officio member with full voting privileges; (2) The commissioner of hmnan resources or his or her designee as an ex officio member with full voting privileges; (3) The commissioner of community affairs or his or her designee as an ex officio member with full voting privileges; (4) One representative ofthe home-building industry; (5) One representative of the industrialized building industry; (6) One representative ofthe general contracting industry; (7) One representative ofthe profession ofmechanical engineering; (8) One licensed architect; (9) One licensed electrical engineer; (10) One representative ofthe manufactured homes industry; (11) One licensed electrical contractor; (12) One building material dealer; (13) One licensed plumbing contractor; (14) One licensed conditioned-air contractor; (15) One licensed structural engineer; ( 16) Four municipal or com1ty code enforcement officials; and (17) Two local fire officials. (b) All appointments to the committ.ee shall be for a term of four years; provided, however, that the initial members appointed pursuant to paragraphs (4), {5), (6), (7), (9), (15), (16), and (17) of subsection (a) of this Code section shall be appointed for a term to expire on the same date as the terms of other members.

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A member shall serve Wltil his or her successor has been duly appointed. The commissioner shall make appointments to fill the Wlexpired portion of any term vacated for any reason. In making such appointments, the commissioner shall preserve the composition ofthe committee as required by this Code section. Any appointive member who, during his or her term, ceases to meet the qualifications for original appointment shall thereby forfeit his or her membership on the committee. Membership on the committee shall not constitute public office, and no member shall be disqualified from holding public office by virtue ofhis or her membership. Each member of the committee shall serve without compensation, but each member of the committee shall be reimbursed for travel and other reasonable and necessary expenses incurred by him or her while attending called meetings ofthe committee.

SECTIONS. Said part is further amended in Code Section 8-2-25, relating to state-wide application of codes, codes requiring local adoption, local adoption of more stringent codes, and adoption of standards for which state codes do not exist, by striking subsections (a) and (b) and inserting in lieu thereofthe following:
'(a) On and after July 1, 2004, the state minimum standard codes enumerated in subdivisions (9)(A)(i)(I) through (9)(A)(i)(VIII) and (9)(B)(i)(I) through (9)(B)(i)(VIII) ofCode Section 8-2-20 shall have state-wide application and shall not require adoption by a municipality or coWlty. The governing authority of any municipality or coWlty in this state is authorized to enforce the state minimwn standard codes enumerated in this subsection. (b) The state minimum standard codes enumerated in subdivisions (9)(A)(i)(IX} through (9)(A)(i)(XIV) and (9)(B)(i)(IX) through (9)(B)(i)(XI) of Code Section 8-2-20 shall not be applicable in a jurisdiction Wltil adopted by a municipality or coWlty. The governing authority of any municipality or coWlty in this state is authorized to adopt and enforce the state minimum standard codes enumerated in this subsection in that subject area which is being regulated by the municipality
or coWlty, and a copy of the local ordinance or resolution adopting any such code
shall be forwarded to the department in order that such municipality or county
may be apprised of subsequent amendments in the state minimum standard code
so adopted:

SECTION6. Said part is further amended in Code Section 8-2-26, relating to code enforcement. training for local inspectors, limitation of local inspectors, alternative inspection procedures, contents of permits, posting and delivery of permits, and citation of code provision that is basis for violation, by striking subsection (d) and inserting in lieu thereofthe following:
'(d)(l) In lieu of inspection by an inspector or other person employed by the
governing authority of any coWlty or municipality, a licensed master plUlllber or utility contractor shall have the option of installing a water or sewer line

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according to the alternative inspection procedure described in this subsection where the installation is on private property outside the building underground. (2) If the master plumber or utility contractor elects to utilize this inspection procedure, he or she shall file with the local inspector:
(A) Notice that the water and sewer line will be installed in accordance with the International Plumbing Code and will be inspected pursuant to the alternative inspection procedure described in this subsection; (B) A copy of his or her master plumber or utility contractor certificate issued by the State Construction Industry Licensing Board; (C) A copy ofhis or her trenching competent person certificate; (D) A certificate showing that a bond has been filed in accordance with paragraph (2) of subsection (b) ofCode Section 43-14-12, except that such bond shall be in the amount of $50,000.00 and issued by a surety rated 'A,' 'Class VI,' or better by the A. M. Best Company; and (E) Within five business days after completion of the installation, a sworn certification that the water or sewer line has been installed in accordance with the International Plumbing Code. (3) The department shall promulgate a standard form notice and a standard furm certificate that shall be used to administer this subsection. Local inspectors shall make copies ofthe standard forms available to contractors. (4) The master plumber or utility contractor shall be required to pay to the governing authority the applicable permit fee. (5) Upon submission of the certification required by this subsection, the local governing authority shall be required to accept the inspection without the necessity of further inspection or approval, except that the local governing authority may perform an inspection at any time and may issue a stop-work order ifthe work is found to be in violation of code requirements. (6) Any other provision of this subsection notwithstanding, the alternative inspection procedure described in this subsection shall be applicable only to installations on private individual single-family residential property.

SECTION?. Said part is further amended in Code Section 8-2-26.1, relating to definitions, duties of local governing authorities, retention of qualified inspectors, and powers of retained qualified inspectors, by striking subsections (a) and (b) and inserting in lieu thereof the following:
(a) As used in this Code section, the term: (1) 'ICC' means International Code Council. (2) 'Qualified inspector' means: (A) A person inspecting for compliance with the International Building Code or the building portion of the International Residential Code for Oneand Two-Family Dwellings who holds a certification from the ICC as a building inspector; (B) A person inspecting for the compliance ofresidential buildings with the National Electrical Code or the electrical portion of the International

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Residential Code for One- and Two-Family Dwellings who holds a
certification from the ICC as a residential electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board; (C) A person inspecting for the compliance ofnonresidential buildings with
the National Electrical Code who holds a certification from the ICC as a
commercial electrical inspector or an electrical contractor license from the State Construction Industry Licensing Board; (D) A person inspecting for compliance with the International Fuel Gas Code who holds a certification from the ICC as a mechanical inspector or plumbing inspector or a conditioned air contractor, journeyman plumber, or master plumber license from the State Construction Industry Licensing Board; (E) A person inspecting for compliance with the International Mechanical Code or the mechanical portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a mechanical inspector or a conditioned air contractor license from the State Construction Industry Licensing Board; (F) A person inspecting for compliance with the International Plumbing Code or the plumbing portion ofthe International Residential Code for One-
and Two-Family Dwellings who holds a certification from the ICC as a
plumbing inspector or a journeyman plumber or master plumber license from the State Construction Industry Licensing Board; (G) A person inspecting for compliance any portion of the International Residential Code for One- and Two-Family Dwellings who holds a certification from the ICC as a one and two-family dwelling inspector; (H) A person inspecting for compliance with the International Energy Conservation Code for Buildings who has completed eight hours of training that is conducted or approved by the department; or {I) A person inspecting for compliance with any of the codes listed in subparagraphs (A) through (H) of this paragraph who holds a certificate of registration as a professional engineer issued under Chapter 15 of Title 43 and is practicing within the scope of his or her branch of engineering expertise while conducting such inspection. (3) 'State Construction Industry Licensing Board' means that board created pursuant to Code Section 43-14-3. (b) The governing authority of any municipality or county which has adopted
provisions for the enforcement of the state minimum standard codes shall post a
notice stating whether the persom1el employed by that governing authority to conduct inspections for compliance with such codes are qualified inspector~. Such notice shall separately address each minimum standard code enumerated 111 subdivisions (9)(A)(i){I) tlrrough (9)(A)(i){VIII) (9)(B)(i)(I) through (9){B)(i){VIII) of Code Section 8-2-20 and the building, electrical, mechani: and plumbing portions of the International Residential Code for OneTwo-Family Dwellings, and state whether all personnel assigned to conduCt

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inspections for the particular code or portion of the code are qualified inspectors for that code or portion ofthe code."

SECTIONS. Said part is further amended by striking Code Section 8-2-27, relating to conformity to the Georgia State Energy Code, applicability of the code, and appeals, and Code section 8-2-28, relating to enforcement or adoption of construction codes by local govermnents, and inserting in lieu thereofthe following:
'8-2-27. (a) The design, erection, construction, and alteration of any building to which the International Energy Conservation Code shall apply shall be accomplished so that the building or applicable portions thereof shall meet or conform to such code. (b) Enforcement of compliance with this Code section shall be solely the province of local governing authorities, except in regard to buildings owned by the state. In state owned buildings, the state agency which owns the building shall provide for the compliance with the code adopted under this part. Local governing authorities are authorized to adopt rules and regulations for the administration and enforcement of the code and to adopt such penalties for violation of the code as they deem appropriate. Local governing authorities are authorized to exercise all the powers enumerated in subsection (a) of Code Section 8-2-26 in enforcement ofthe International Energy Conservation Code. (c) The International Energy Conservation Code shall not apply to exempted buildings; and, with respect to renovated buildings, such code shall apply only
to portions or systems of the building which are directly involved in the
renovation. (d) The commissioner or his or her designated representative shall have authority to hear appeals relating to the interpretation, enforcement, and administration by local governing authorities of the International Energy Conservation Code and exceptions to such code. The commissioner may, at his or her option, hear de novo cases but shall not hear any appeal until it is determined that the appeal procedures available through the affected local government have been exhausted.
It; on appeal, the commissioner determines that the local governing authority
erred in its interpretation ofthe code, he or she shall remand the case to the local government with instructions to take such action as he or she directs. Further appeals may be made as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

8-2-28. Any municipality or county either enforcing or adopting and enforcing a construction code shall utilize one or more of the state minimum standard codes established pursuant to this part.

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SECTION9. Said part is further amended in Code Section 8-2-30, relating to the scope of the applicability ofthe part, by striking subsections (d), (e), and (f) and inserting in lieu thereof the following:
'(d) This part shall not prohibit an individual from installing, altering, or repairing plumbing systems and fixtures, air-conditioning and heating systems and fixtures, or electrical systems in a single-family dwelling owned and occupied by him or her, provided that all such work must be done in conformity with all other provisions of this part and the orders, rules, and regulations of the department. (e) This part shall not prohibit an individual from installing, altering, or repairing plumbing systems and fixtures, air-conditioning and heating systems and fixtures, or electrical systems in a farm or ranch building owned or occupied by him or her, provided that all such work must be done in conformity with all other provisions ofthis part and the orders, rules, and regulations ofthe department. (f) This Code section shall not affect or abrogate the requirements of the International Energy Conservation Code:

SECTION 10. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

PROPERTY- CONDOMINIUM INSTRUMENTS; PROPERTY OWNERS' ASSOCIATIONS.
No. 535 (House Bill No. 208).
AN ACT
To amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, so as to change provisions relating to compliance with condominium instruments; to change provisions relating to allocation of votes in associations; to clarity liability for common expenses which may be assessed against owners; to change provisions relating to damage or destruction of units; to change provisions for calling meetings of the association; to change provisions relating to quorums at association or board meetings; to amend Article 6 ofChapter 3 ofTitle 44 ofthe Official Code of Georgia Annotated, knoWil as the "Georgia Property Owners Association Act," so as to change certain definitions; to clarity voting procedures at association meetings; to change provisions relating to liability for unpaid assessments; to clarifY incorporated names of associations; to clarity meeting quorum requirements; to clarity requirements fur

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cafiing meetings; to change procedures for judicial foreclosure; to clarify
applicability of this article; to provide fur related matters; to repeal conflicting laws;
and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to condominiums, is amended by striking Code Section 44-3-76, relating to compliance with condominium instruments, and inserting in lieu thereof the
fOllowing: 44-3-76. Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner
and all those entitled to occupy a unit shall comply with any reasonable rules or
regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the condominium instruments, the association shall be empowered to impose and assess fines, and suspend temporarily voting rights and the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instnunents, that unit owner s vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condominium instruments. Notwithstanding any other provision of this Code section, to the extent provided in the condominium instruments, water, gas, electricity, heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109, subject to the suspension standards and notice requirements imposed on the institutional providers providing such services to the condominium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction. The utility 'Services shall not be required to be restored until the judgment or judgments and my reasonable utility provider charges or other reasonable costs incurred in suspending and restoring such services are paid in full. All common expenses for termination and restoration of any services pursuant to this Code section shall be an assessment and a lien against the unit."

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SECTION2. Said article is further amended by striking subsections (b) and (c) of Code Section 44-3-79, relating to the allocation of votes in the association, and inserting in lieu thereof the following:
"(b) Since a unit owner may be more than one person, if only one of those persons is present at a meeting of the association or is voting by proxy, ballot, or
written consent, that person shall be entitled to cast the votes pertaining to 1hllt
unit. However, ifmore than one ofthose persons is present or executes a proxy. ballot, or written consent, the vote pertaining to that unit shall be cast only in accordance with their unanimous agreement unless the condominium instruments expressly provide otherwise; and such consent shall be conclusively presumed if any one ofthem purports to cast the votes pertaining to that unit without protest being made immediately by any of the others to the person presiding over the meeting or vote. (c) The votes pertaining to any unit may, and, in the case of any unit owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the unit owner or, in cases where the unit owner is more than one person, by or on behalf of the joint owners of the unit. No such proxy shall be revocable except as provided in Code Section 14-2-722 or 14-3-724 or by written notice delivered to the association by the unit owner or by any joint owners of a unit. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice."

SECTION3. Said article is further amended by striking subsection (c) of Code Section 44-3-80, relating to the allocation of liability for common expenses, and inserting in lieu thereof the following:
"(c) The amount of all common expenses not specially assessed pursuant to subsection (a) or (b) ofthis Code section, less the amount of all undistributed and unreserved common profits, shall be assessed against the condominium units in accordance with the allocation of liability for common expenses set forth in the declaration. The allocation may be by percentage, fraction, formula, or any other
method which indicates the relative liabilities for common expenses. If an equal
liability for common expenses is allocated to each unit, the declaration may merely so state. The entire liability for common expenses shall be allocated
among the units depicted on plats or plans that comply with subsections (a) and
(b) of Code Section 44-3-83 and shall be subject to reallocation as provided in this article. Except to the extent otherwise expressly provided or permitted by this article, the allocations of the liability shall not be altered; provided, however. that no reallocation shall affect any assessment or installation thereof becomin8 due and payable prior to reallocation. The assessments shall be made by the association annually or more often if the condominium instruments so provide and shall be payable in the manner determined by the association. Notwithstanding any unequal allocation of liabilities for common expenses pursuant to this subsection, this provision shall not preclude the association froiD

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levying charges equally among units for services or items provided to owners upon request, or which provide proportionate or uniform benefit to the units, including, but not limited to, uniform charges for pool keys or other common element entry devices."

SECTION4. Said article is further amended by striking Code Section 44-3-94, relating to daJilage or destruction ofunits, and inserting in lieu thereofthe following:
'44-3-94. Unless otherwise provided in the condominimn instrmnents, in the event of damage to or destruction of any unit by a casualty covered under insurance required to be maintained by the association pursuant to Code Section 44-3-107, the association shall cause the unit to be restored. Unless otherwise provided in the condominimn instrmnents, any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds ofthe votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their tmdivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. To the extent provided for in the condominimn instrmnents, the association may allocate equitably the payment of a reasonable insurance deductible between the association and the unit owners affected by a casualty against which the association is required to insure; provided, however, that the amount of deductible which can be allocated to any one unit owner shall not exceed $2,500.00 per casualty loss covered under any insurance required to be maintained by the association under this article. The existence of a reasonable deductible in any required insurance policy shall not be deemed a failure to maintain insurance as required by this Code section."

SECTIONS. Said article is further amended by striking Code Section 44-3-102, relating to meetings ofthe association, and inserting in lieu thereof the following:
'44-3-102. Meetings of the members of the association shall be held in accordance with the provisions of the association s bylaws and in any event shall be called not less iequently than annually. A condominimn instrmnent recorded on or after July 1, 1990, shall also provide for the calling of a meeting upon the written request ofat least 15 percent ofthe unit owners. Notice shall be given to each unit owner at least 21 days in advance of any annual or regularly scheduled meeting and at

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least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally, sent by United States mail, postage prepaid, statutory overnight delivery, or issuoo electronically in accordance with Chapter 12 of Title I0, the 'Georgia Electronic Records and Signatures Act,' to all unit owners of record at such address or addresses as any of them may have designated or, if no other address has been so designated, at the address of their respective units. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the unit owners.

SECTION6. Said article is further amended by striking Code Section 44-3-103, relating to quorums at meetings of the association or board, and inserting in lieu thereof the following:
"44-3-103. Unless the condominium instruments or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third ofthe votes are present at the beginning of the meeting. Unless the condominium instruments or bylaws specifY a larger percentage, the presence of persons entitled to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of any business at any meeting ofthe board.

SECTION7. Said article is further amended by striking subsection (c) ofCode Section 44-3-109, relating to a lien for assessments, and inserting in lieu thereof the following:
"(c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as oth liens for the improvement of real property, subject to superior liens or
encumbrances, but any such court order for judicial foreclosure shall not affect
the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under tl1eir security instruments. The notice provided
for in this subsection shall specifY the amount of the assessments then due and
payable together with authorized late charges and the rate of interest accruing thereon. Unless prohibited by the condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire. hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof: togeth with late charges and interest applicable thereto, four years after the assessmtllt or installment first became due and payable.'

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SECTIONS. Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Atmotated, known as the "Georgia Property Owners' Association Act," is amended by striking paragraphs (9) and (18) of Code Section 44-3-221, relating to definitions, and inSerting in lieu thereof the following:
'(9) 'Lot' means any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development and subject to a declaration. Where context indicates or requires, the tenn lot includes any structure on the lot With respect to a property owners' development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 44-3-71, shall be deemed a separate lot: '(18) 'Property owners' development' or 'development' means real property which contains lots and which may contain common area located within Georgia and subject to a declaration and submitted to this article:

SECTION9. Said article is further amended by striking Code Section 44-3-224, relating to voting Massociation meetings, and inserting in lieu thereof the following:
'44-3-224. (a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot However, if more than one of those persons is present, or executes a proxy, ballot, or written consent, the vote pertaining to that lot shall be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting or vote. (b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf ofthe lot owner or, in cases where the lot owner is more
'than one person, by or on behalf of the joint owners of the lot No such proxy shall be revocable except as provided in Code Section 14-2-722 or Code Section
14-3-724 or by written notice delivered to the association by the lot owner or by any joint owners of a lot Any proxy shall be void if it is not dated or if it 'pmports to be revocable without such notice:

SECTION 10.
laid article is further amended by striking subsection (b) of Code Section 44-3-225,
itlatmg to assessment of expenses, and inserting in lieu thereofthe following: "(b) No lot owner other than the association shall be exempted from any liability tbr any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandomnent, nonuser, or

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GENERAL ACTS AND RESOLUTIONS, VOL. I

waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot."

SECTION 11. Said article is further amended by striking subsection (a) ofCode Section 44-3-227, relating to incorporation of the association, and inserting in lieu thereof the following:
"(a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words 'homeowners,' 'property owners,' 'community,' 'club,' or 'association' and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or
with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and
administration of the association. The term 'member' shall include a shareholdtr in the event the association is a business corporation or issues stock. Membership shall continue during the period ofownership by such lot owner.'

SECTION 12. Said article is further amended by striking Code Section 44-3-228, relating to presence ofquorums at meetings, and inserting in lieu thereofthe following:
"44-3-228. Unless the instrument or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument or bylaws specifY a larger percentage, the presence of persons entitled to cast one-half ofthe votes of the board of directors shall constitute a quorum for the transaction of business at any meeting of the board:

SECTION 13. Said article is further amended by striking Code Section 44-3-230, relating to frequency ofmeetings, and inserting in lieu thereofthe following:
'44-3-230. Meetings of the members of the association shall be held in accordance with the provisions of the association s bylaws and in any event shall be called not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and, for anY

GEORGIA LAWS 2004 SESSION

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special meeting, purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title I0, the Georgia Electronic Records and Signatures Act,' to all lot owners of record at such address or addresses as designated by such lot owners or, ifno other address bas been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections ofthe association shall be made to the lot owners."

SECTION 14. Said article is further amended by striking subsection (c) ofCode Section 44-3-232, relating to assessments against lot owners as constituting a lien in favor of the association, and inserting in lieu thereof the following:
'(c) Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or instalhnent first became due and payable."

SECTION 15. Said article is further amended by striking subsection (b) of Code Section 44-3-23 5, relating to applicability ofthe article and inserting in lieu thereofthe following:
'(b) This article shall not apply to associations created pursuant to Article 3 of this chapter, the 'Georgia Condominium Act,' except to the extent that a property owners development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section44-3-221."

SECTION 16. All laws and parts oflaw in conflict with this act are repealed.

Approved May 13, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CONDEMNATION- ELECTRIC TRANSMISSION LINES.

No. 536 (House Bill No. 373).

AN ACT

To amend Chapter 2 ofTitle 22 ofthe Official Code of Georgia Annotated, relatillg to condemnation procedures, so as to change the time for hearing before a special master and to require notice by certified mail in condemnations for certain purposes; to amend Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to exercise of the power of eminent domain for special purposes, so as to prohibit the use of the power of eminent domain to acquire any property for the construction of certain electric transmission lines without prior public notice and one or more public meetings with an opportunity for comment and questions; to provide for exceptions; to provide for factors to be considered in selecting a route for certain electric transmission lines; to provide procedures for good faith negotiations; to provide for additional compensation for or reconveyance or quitclaim of an easement or other property interest acquired through the exercise of eminent domain in certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 22 of the Official Code of Georgia Annotated, relating to condemnation procedures, is amended by striking Code Section 22-2-102, relating to petitions of condemnation, judicial orders for hearing before a special master, and proceedings in rem, and inserting in lieu thereof the following:
"22-2-102. Whenever it is desirable, for any reason, to arrive at a quick and certain determination of the compensation to be paid first to the condemnee for the taking or damaging of private property, the condemnor shall file a petition in a superior court having jurisdiction for a judgment in rem against the property or interest therein, as provided in Code Section 22-2-13 0. At or before the filing of the petition, the condemnor shall present a copy of the petition to a judge of the superior court of the county wherein the property or interest sought to be condemned is located. Thereupon, the judge shall make an order requiring the condemnor, the person in possession of the property or interest, and any other person known to have any rights in the property or interest to appear at a hearing before a special master at a time and place specified in the order and to make
known their rights, if any, in and to the property or interest sought to be
condemned, their claims as to the value of the property or interest, and any other matters material to their respective rights. Except in condemnations for purposes

GEORGIA lAWS 2004 SESSION

569

of constructing or expanding one or more electric transmission lines, the hearing
before the special master shall take place not less than ten days nor more than 15
days after the date of service of the order. In condemnations for purposes of
constructing or expanding one or more electric transmission lines, the hearing
before the special master shall take place not less than 30 days and not more than 40 days after the date of service ofthe order. The order shall give such directions fur notice and the service thereof as are appropriate and as are consistent with this article, in such manner as to provide most effectively an opportunity to all parties
at interest to be heard. In condemnations for purposes of constructing or
expanding one or more electric transmission lines, in addition to service of the
1order, a copy of the order shall be mailed by certified mail to any person shown .by the public ad valorem tax records of the county in which the property is
located to have an interest in the property and to any other person having open
aod obvious possession of the property. It shall not be necessary to attach any
other process to the petition except the order so made, and the cause shall
proceed as in rem.

SECTION2.
Chapter 3 ofTitle 22 ofthe Official Code of Georgia Annotated, relating to exercise
ofthe power of eminent domain for special purposes, is amended by adding at the aid ofsaid chapter a new Article 8 to read as follows:

ARTIClE 8

22-3-160. '(a) Before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line with a design operating voltage of 115 .kilovolts or greater and a length of one mile or more, any person, corporation, or ,other entity that generates, transmits, distributes, supplies, or sells electricity for public or private use in this state or generates electricity in this state for transmission or distribution outside this state (hereinafter in this article referred 1o as 'utility') shall schedule and hold one or more public meetings with an opportunity for comment by members of the public. In any proceeding to exercise the right of eminent domain for purposes of an electric transmission line fur which the utility began land acquisition negotiations on or after July 1, 2004, \the utility shall be required to demonstrate substantial compliance with this Code >section as a condition for exercising the right of eminent domain. (b) Prior to the public meeting or meetings required by this Code section, the :utility shall provide adequate public notice of the utility's intent to construct or expand an electric transmission line and adequate public notice of the public meeting or meetings related to the electric transmission line as follows:
(1) By publishing adequate public notice of said public meeting or meetings in a newspaper of general circulation in each county in which any portion of the electric transmission line is to be constructed or expanded. Said notice shall be published at least 30 days prior to the date of the first public meeting

570

GENERAL ACTS AND RESOLUTIONS, VOL. I

related to the electric transmission line and shall include the following: the date, time, and location of each meeting; a statement that the purpose of the
meeting or meetings is to provide public notice of the utility's intent to
construct or expand an electric transmission line for which the right of eminent domain may be exercised; a description of the proposed project including the general route of the electric transmission line and the general property area within which the utility intends to construct or expand the electric transmission line; the width of the proposed transmission line route; and a description ofthe alternative construction approaches considered by the utility and a statement ofwhy such alternatives were rejected by the utility; and (2) By providing written notice of the public meeting or meetings, by means of certified mail, to each owner of property, as indicated in the tax records of
the county in which such property is located, over which the utility intends to
construct or expand the electric transmission line and to the chairpersons or chief executives of the counties and the mayors of any municipalities in which
such property is located. Such notice shall be mailed at least 30 days prior to the date of the first public meeting related to the electric transmission line and shall include all ofthe information required by paragraph (1) ofthis subsection.
(c) At least one public meeting shall be held in each county in which the electric transmission line would be located. In any county in which the electric transmission line would require acquisition of property rights from more than 50 property owners, two or more public meetings shall be held. The public meetings shall be held in an accessible location and shall be open to members ofthe public. At least one of the public meetings shall commence between 6:00P.M. and 7:00
P.M., inclusive, on a business weekday. At the public meetings, the utility shall
provide a description of the proposed project including the general route of the electric transmission line and the general property area within which the utility intends to construct or expand the electric transmission line, the width of the proposed transmission line route,. and a description ofthe alternative construction approaches considered by the utility and a statement of why such alternatives were rejected by the utility. At the public meetings, the utility shall allow a reasonable opportunity for members of the public to express their views on the proposed project and to ask questions. (d) A utility shall not be required to give notice of or hold public meetings with respect to any of the following:
(I) An electric transmission line to be constructed or expanded by a utility on an established right of way or land that was acquired by the utility or any other utility prior to July I, 2004; (2) An electric transmission line for which the utility began land acquisition negotiations prior to July 1, 2004; (3) An electric transmission line to be constructed or expanded by a utility on an established right of way or land that is owned or controlled by a state agency, a county, a municipality, or an agency, bureau, or department of the United States;

GEORGIA lAWS 2004 SESSION

571

(4) An electric transmission line to be constructed or expanded by a utility for the purpose of relocating an existing electric transmission line at the direction, order, or request of a state agency, a county, a municipality, or an agency, bureau, or department ofthe United States; (5) An electric transmission line to be constructed or expanded by a utility without exercising the power of eminent domain to acquire the right of way or easement area for such line; or (6) An electric transmission line to be constructed by a utility for the purpose of serving an electric substation or switching station to be constructed on a site that is owned or controlled by a utility customer to be served by such substation or switching station.

22-3-161. (a) On and after July I, 2004, before exercising the right of eminent domain for purposes of constructing or expanding an electric transmission line described in subsection (a) of Code Section 22-3-160, the utility shall select a practical and feasible route for the location of the electric transmission line. In selecting the route for the location of the electric transmission line, the utility shall consider ;existing land uses in the geographic area where the line is to be located, existing eorridors, existing environmental conditions in the area, engineering practices related to the construction and operation of the line, and costs related to the 'COnstruction, operation, and maintenance ofthe line. ;(b) After the utility has selected the preferred route for the location of an electric transmission line, the utility shall attempt in good faith to negotiate a settlement with each property owner from whom the utility needs to acquire property rights fur the line. In connection with the negotiations, the utility shall provide the property owner with a written offer to purchase the property rights, a document
that describes the property rights, and a drawing that shows the location of the
line on the owner s property. (c) The requirements of subsections (a) and (b) of this Code section shall not .apply to an electric transmission line described in subsection (d) of Code Section .22-3-160.

22-3-162. (a) This Code section shall apply to any easement or other property interest acquired on or after July 1, 2004, through exercise ofthe right of eminent domain
i>r purposes ofconstructing or expanding an electric transmission line:
(1) With a capacity of 230 kilovolts or less if the utility has not begun such construction or expansion within 12 years from the date of acquisition and the land burdened by the easement or other property interest is not adjacent to an electric transmission line corridor in existence 12 years from the date of acquisition; (2) With a capacity ofmore than 230 kilovolts if the utility has not begun such construction or expansion within 15 years from the date of acquisition and the land burdened by the easement or other property interest is not adjacent to an

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GENERAL ACTS AND RESOLUTIONS, VOL. I

electric transmission line corridor in existence 15 years from the date of acquisition; and (3) Of any capacity if the land burdened by the easement or other property interest is adjacent to an electric transmission line corridor in existence 15 years after the date of acquisition and the utility has not begun the construction or expansion for which the easement or other property right was acquired within 15 years from the date of acquisition. (b) When this Code section becomes applicable to an easement or other property interest, the owner of the land burdened by such easement or property interest may apply to the utility that acquired the easement or other property interest or such utility" s successor or assign for reconveyance or quitclaim of the easement or other property interest or for additional compensation for such easement or other property interest. The application shall be in writing, and the utility or its successor or assign shall act on the application within 60 days by: ( 1) Executing a reconveyance or quitclaim ofthe easement or property interest upon receipt of compensation not to exceed the amount of the compensation paid by the utility for the easement or property interest at the time of acquisition; or (2) Paying additional compensation to the owner ofthe land burdened by the easement or other property interest, such compensation to be calculated by subtracting the price paid by the utility for the easement or other proptrty interest at the time of acquisition from the fair market value of the easement or
other property interest at the time this Code section becomes applicable to such
easement or other property interest. (c) The choice between additional compensation or reconveyance or quitclaim shall be at the discretion ofthe utility or its successor or assign.

SECTION3. This Act shall become effective July 1, 2004, and shall apply to the exercise of eminent domain to acquire easements or other property interests for which land acquisition negotiations for purposes of constructing or expanding one or more electric transmission lines begin on or after such date. The provisions of this Act relating to additional compensation, reconveyance, and quitclaim shall apply to easements and other property interests acquired on or after July 1, 2004, through the exercise of eminent domain.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

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573

RETIREMENT- GEORGIA JUDICIAL RETIREMENT SYSTEM; STATE COURT OF FULTON COUNTY.

No. 537 (House Bill No. 441).

AN ACT

To amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, Jfiating to the Georgia Judicial Retirement System, so as to provide that any person
who becomes a judge oftl1e State Court of Fulton County on or after July 1, 2004, sball become a member of such retirement system; to provide iliat any person
serving in such position on June 30, 2004, may elect to become a member of such
retirtroent system; to provide for a transfer of en1ployer and employee contributions _, such retirement system; to provide for a calculation of creditable service; to
provide conditions for an effective date and automatic repeal; to repeal conflicting
Jaws; and for oilier purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Chapter 23 of Title 47 of ilie Official Code of Georgia Annotated, relating to ilie Georgia Judicial Retirement System, is amended by striking in its entirety paragraph (14) of Code Section 47-23-1, relating to definitions, and inserting in lieu thereofthe following:
'(14) 'State court' means any court created pursuant to ilie provisions of Chapter 7 of Title 15 or any court continued as a state court by Article VI, Section X of ilie Constitution of ilie State of Georgia; provided, however, iliat such term shall include ilie State Court of Fulton County subject to ilie provisions of Code Section 47-23-50."

SECTION2.
Slid chapter is further amended by inserting innnediately following Code Section
4'1-23-49 a new Code section to read as follows: '47-23-50. (a) Any person who becomes a judge of ilie State Court of Fulton County on or after July 1, 2004, shall become a member oftltis retirement system by operation oflaw and shall not be a member of any oilier public retirement system. (b) Any person serving as a judge of ilie State Court of Fulton County on June )()~ 2004, may make an irrevocable election to become a member of tltis
retiren1ent system by so notifying ilie board of trustees not later tllan December
31, 2004. The local retirement system of which such person is a member shall
transfer to tltis retirement system all employer and employee contributions paid
by or on behalf of any such member with regular interest tllereon. Such member sball receive only such creditable service not to exceed the actual years of

574

GENERAL ACTS AND RESOLUTIONS, VOL. I

creditable service, as that amollllt will warrant without creating any accrued actuarial liability to this retirement system, calculated as ifthe member had either elected or rejected spouse s survivors benefits at the member's option. Such persons shall be subject to all provisions ofthis chapter:

SECTION3. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently fimded as provided in Chapter 20 ofTitle 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) ofCode Section 47-20-50.

SECTION 4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

RETIREMENT- CREDITABLE SERVICE; OBTAIN BY PAYING
FULL ACTUARIAL VALUE.
No. 538 (House Bill No. 480).
AN ACT
To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia
Annotated, relating to service creditable toward retirement benefits lllldet the
Employees Retirement System of Georgia, so as to provide that a member ofsuch
retirement system may obtain creditable service by paying the full actuarial value of such service; to provide that application for such service shall be made at the time of retirement; to provide a limitation on the use of such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflictinS laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated: relating to service creditable toward retirement benefits lUlder the Employees Retirement System of Georgia, is amended by inserting at the end thereof the following:

GEORGIA LAWS 2004 SESSION

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47-2-I 00. (a) Any member of this retirement system may obtain up to an additional three years of creditable service as provided in this Code section. In order to obtain such additional creditable service, the member must:
(1) Make application to the board of trustees in such manner as the board deems appropriate. Such application and payment must be made in conjunction with and simultaneously with the member's application for retirement If the application for retirement is withdrawn or denied, the application to purchase creditable service shall be void; and (2) Pay to the board oftrustees an amount determined by the board of trustees to be sufficient to cover the full actuarial cost of granting the creditable service as provided in this Code section. (b) Upon receipt of an application for additional creditable service, the board of truStees shall certify to the applicant the amount of the payment required by paragraph (2) of subsection (a) ofthis Code section. (c) No creditable service obtained pursuant to this Code section shall be used to calculate the amount of creditable service required to qualify for a benefit under subsection (a) of Code Section 47-2-IIO or Code Section 47-2-I22."

SECTION2. This Act shall become effective on July I, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, Ibis Act shall not become effective and shall be automatically repealed in its mtirety on July I, 2004, as required by subsection (a) of Code Section 47-20-50.

SECTION3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13,2004.

CRIMINAL PROCEDURE- DISPOSITION OF SEIZED PROPERTY; CUSTODIANS.
No. 539 (House Bill No. 484).
AN ACT
To amend Article 3 of Chapter 5 of Title I7 of the Official Code of Georgia Annotated, relating to disposition of property seized, so as to change the provisions relating to the disposition of personal property in custody of a law enforcement agency; to change provisions relating to designation of custodian for introduced

576

GENERAL ACTS AND RESOLUTIONS, VOL. I

evidence, evidence logs, storage, maintenance, and disposal of evidence; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of property seized, is amended by striking paragraph (1) of subsection (a) Code Section 17-5-54, relating to disposition ofpersonal property in custody of a law enforcement agency, and inserting in lieu thereofthe following:
'(a)(l) Except as provided in Code Sections 17-5-55 and 17-5-56 and subsections (d), (e), and (t) of this Code section, when a law enforcement agency assumes custody of any personal property which is the subject of a crime or has been abandoned or is otherwise seized, a disposition of such property shall be made in accordance with the provisions of this Code section. When a final verdict and judgment is entered finding a defendant guilty of the
commission of a crime, any personal property used as evidence in the trial shall
be returned to the rightful owner of the property. All personal property in the custody of a law enforcement agency, including personal property used as evidence in a criminal trial, which is unclaimed after a period of 90 days following its seizure, or following the final verdict and judgment in the case of property used as evidence, and which is no longer needed in a criminal investigation or for evidentiary purposes in accordance with Code Section 17-5-5 5 or 17-5-56 shall be subject to disposition by the law enfOrcement agency. The sheriff, chief of police, or other executive officer of a law enforcement agency shall make application to the superior court for an order to retain, sell, or discard such property. In the application the officer shall state each item of personal property to be retained, sold, or discarded. Upon the superior court's granting an order for the law enforcement agency to retain
such property, the law enforcement agency shall retain such property Wr official use. Upon the superior court's granting an order which authorizes that the property be discarded, the law enforcement agency shall dispose of the
property as other salvage or nonserviceable equipment. Upon the superior court's granting an order for the sale of personal property, the officer sball provide for a notice to be placed once a week for four weeks in the legal organ of the county specifically describing each item and advising possible owners of items of the method of contacting the law enforcement agency; provided. however, that miscellaneous items having an estimated fair market value of $75.00 or less may be advertised or sold, or both, in lots. Such notice sball also stipulate a date, time, and place said items will be placed fur public sale
'* if not claimed. Such notice shall also stipulate whether said items or groups
of items are to be sold in blocks, by lot numbers, by entire list of iteOJS, separately.'

GEORGIA LAWS 2004 SESSION

577

SECTION2. Said article is further amended by striking subsection (a) of Code Section 17-5-55, relating to designation of custodian tor introduced evidence, evidence logs, storage, IJ]llintenance, and disposal of evidence, and inserting in lieu thereof the following:
(a) In all criminal cases, the court shall designate either the clerk of court, the court reporter, or any other officer ofthe 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 bas 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. Within 30 days following the creation of the evidence log, physical evidence shall be returned to the rightful owner of the property unless the physical evidence itself is necessary for the appeal of the case, for a new trial, or for purposes of complying with this Code section or Code Section 17-5-56. 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 ofthe evidence. The signature ofany 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:

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

578

GENERAL ACTS AND RESOLUTIONS, VOL. I

INSURANCE- MINIMUM NONFORFEITURE AMOUNTS; INDIVIDUAL DEFERRED ANNUITIES.

No. 540 (House Bill No. 539).

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 the calculation of minimmn nonforfeiture amounts; to provide for certain minimmn interest rates; to provide for the use of index rates of interest; to provide for rules and regulations; to provide fur 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 I. 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 subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The minimmn values as specified in subsections (e) through (h) and (j) of this Code section of any paid-up annuity, cash surrender, or death benefits available under an annuity contract shall be based upon minimmn nonforfeiture amounts as defined by the Commissioner by rule and regulation based upon interest rates set by the Commissioner to reflect current and prevailing economic and financial conditions; provided, however, that such interest rates shall not be less than 1 percent per annmn nor more than 3 percent per annmn.

SECTION2. This Act shall become effective on July 1, 2005.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.
Approved May 13,2004.

GEORGIA LAWS 2004 SESSION

579

INSURANCE- PUBLIC SAFETY EMPLOYEES; ACCIDENTS; SURCHARGES.

No. 541 (House Bill No. 547).

AN ACT

To amend Code Section 33-9-39 of the Official Code of Georgia Annotated,
relating to surcharges for certain public safety employees involved in automobile
accidents, so as to remove certain limitations and conditions concerning the
prohibition on insurance premium surcharges for certain public safety employees
who are involved in automobile accidents; to provide an effective date; to repeal
oonflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to surcharges for certain public safety employees involved in automobile accidents,
is amended by striking the Code section and inserting in lieu thereof a new Code
Section 33-9-39 to read as follows: '33-9-39. No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance that provides coverage for the personal motor vehicles of any law enforcement officer, firefighter, or emergency medical technician in this state fur any accident: (I) That occurred while the law enforcement officer, firefighter, or emergency medical technician was lawfully engaged in the performance of official duties; and (2) For which the law enforcement officer, firefighter, or emergency medical technician furnishes proo( in the form of copies of the accident report, 911 emergency dispatch log, or the employing agency's documents, to the insurer ofthe condition provided in paragraph (1) ofthis Code section."

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

580

GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT- SPOUSES' SURVIVOR BENEFITS; OPTIONS.

No. 542 (House Bill No. 609).

AN ACT

To amend Title 47 ofthe Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide an option for spouses' survivor benefits pursuant to which a member who was unmarried at the time of retirement may revoke a certain designation of beneficiary and establish such benefits for the current spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 47 of the Official Code of Georgia Annotated, relating to retirement and
pensions, is amended by inserting at the end of Code Section 47-2-121, relating to optional retirement allowances under the Employees Retirement System of Georgia, a new subsection to read as follows:
"(i) Whenever any retired member was unmarried at the time of retirement and
he or she has elected an optional allowance under this Code section and one or more children are designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the member marries or remarries and designate the current spouse as the person to receive all amounts and benefits upon the death of the retired member. In such event, the member shall receive the applicable actuarially reduced retirement benefit of equivalent actuarial value and establish on behalf ofthe new spouse the same option which was applicable to the previously appointed child or children. Upon the death of such spouse or upon the entry of a final order of divorce, the provisions of subsection (h) of this Code section shall become applicable."

SECTION2. This Act shall become effective on July I, 2004, only if it is determined to have been concurrently fi.mded as provided in Chapter 20 of Title 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July I, 2004, as required by subsection (a) of Code Section 47-20-50.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

GEORGIA lAWS 2004 SESSION

581

PROFESSIONS -PHYSICIAN'S ASSISTANTS; PERFUSIONISTS.

No. 543 (House Bill No. 617).

AN ACT

To amend Chapter 34 of Title 43 of the Official Code of Georgia Armotated, relating to physicians, acupWicture, physician's assistants, cancer and glaucoma aeatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to change provisions relating to physician's assistants; to provide for a definition; to change the provisions relating to application for an assistant; to provide for an inactive licensure status; to change the provisions relating to clinical perfusionists; to change the period of time for which a provisional license shall be valid; to provide for licensure of provisional licensees; to provide for revocation of a provisional license for failure to meet. certain licensure requirements; to provide ilr related matters; to provide for an effective date; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Armotated, relating to physicians, acupWicture, physician s assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is ainended by striking Code Section 43-34-102, relating to definitions, and inserting in its place the following:
'43-34-102. As used in this article, the term:
(1) 'Alternate supervising physician' means a physician to whom a primary supervising physician has delegated the responsibility of supervising a physician s assistant who is licensed to that primary supervising physician and who agrees to supervise the physician s assistant for the primary supervising physician and who is on record with the board. (2) 'Board' means the Composite State Board of Medical Examiners as created by Code Section 43-34-21. (3) 'Carry out a prescription drug or device order' means to complete, on a form established and approved by the board, a written prescription drug order or a prescription device order pursuant to the authority delegated by a supervising physician. (4) 'Evaluation agency' means a public or private hospital, school, laboratory, clinic, federal or state institution or agency, or similar facility which has been approved by the board as possessing personnel and equipment and as having had practice in a health care field sufficient to be able to make an objective

582

GENERAL ACTS AND RESOLUTIONS, VOL. I

appraisal, in a manner prescribed by the board, of the proposed physician's assistant's qualifications to perform the tasks described in the job description. (5) 'Job description' means a document, signed by the primary supervising physician and the physician s assistant whom the primary supervising physician is supervising, which describes the professional background and specialty of the primary supervising physician; the qualifications, including related experience of the physician's assistant; and a general description of how the physician's assistant will be utilized in the practice. A job description shall not be required to contain every activity the physician deems the physician's assistant qualified to perform but shall confine the activities ofthe physician's assistant to those in the scope of practice of the primary supervising physician. (6) 'Physician' means a person lawfully licensed in this state to practice medicine and surgery pursuant to Article 2 ofthis chapter. (7) 'Physician's assistant' means a skilled person qualified by academic and practical training to provide patients services not necessarily within the physical presence but under the personal direction or supervision of the applying physician. (8) 'Primary supervising physician' means the physician to whom the board licenses a physician's assistant pursuant to a board approved job description and who has the primary responsibility for supervising the practice of that physician s assistant"

SECTION2. Said chapter is further amended by striking subsection (a) of Code Section 43-34-l 03, relating to application for a physician's assistant, and inserting in its place the following:
"(a) In order to obtain approval for the utilization of a person as a physician's assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance ofthat assistant shall submit an application to the board. Such application shall include:
(I) Evidence submitted by the proposed physician's assistant of his or her good moral character; (2) Evidence ofhis or her competency in a health care area related to the job description which, as a minimum, shall include:
(A) Evidence of satisfactory completion of a training program approved by the board. Ifthe applicant is not a graduate of an accredited school approved by the board, he or she shall be required to receive board approved refresher training and testing; (B) A finding by the board approved evaluation agency that the proposed physician's assistant is qualified to perform the tasks described in the job description; (C) Any nursing task by a student enrolled in a nursing program approved by the Georgia Board of Nursing where any such task is performed under the

GEORGIA LAWS 2004 SESSION

583

supervision of an authorized instructor lawfully licensed in this state to perform such tasks; and (D) Evidence that the person who is to be used as a physician s assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the board. The board may issue a temporary permit to any applicant for licensure who has satisfied the provisions of subparagraphs (A) and (B) ofthis paragraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the results of such examination. The temporary permit shall expire upon notification ofthe applicant's failure to achieve a satisfactory score on the board approved or administered examination. The board may grant an inactive licensure status to a physician s assistant who is licensed pursuant to this article but who is not practicing with the supervision of a board approved primary supervising physician; (3) A job description meeting the requirements of paragraph (5) of Code Section 43-34-102; and (4) A fee, established by the board; provided, however, that no fee will be required if the physician s assistant is an employee of the state or county government."

SECTION3. Said chapter is further amended by striking subsections (c) and (d) of Code Section 43-34-17 5, relating to issuance of provisional licensed clinical perfusionist license, .-pervision of licensee, renewal, and revocation, and inserting in their respective places the following:
(c) A provisional license shall be valid for two years from the date it is issued and may not be renewed. The provisional licensee must comply with all of the requirements for licensure under Code Section 43-34-173 prior to the expiration of the two-year provisional license period. A provisional licensee may submit an application for licensure as a licensed clinical perfusionist once he or she has complied with all of the requirements for licensure under Code Section 43-34-173. (d) If a person fails to meet the requirements for licensure under Code Section 43-34-173 on or before the expiration of the two-year provisional license period, such person s provisional license shall be automatically revoked and surrendered to the board."

SECTION 4.
This Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.

584

GENERAL ACTS AND RESOLUTIONS1 VOL. I

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

Approved May 13, 2004.

ALCOHOL- MALT BEVERAGE; DEFINITION.
No. 544 (House Bill No. 645).
AN ACT
To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to redefine the term "malt beverage"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking paragraph (13) ofCode Section3-l-2, relating to definitions, and inserting in lieu thereof a new paragraph (13) to read as follows:
'(13) 'Malt beverage' means any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown. stout, lager beer, small beer, and strong beer. The term does not include sake. known as Japanese rice wine.
SECTION2. All laws and parts oflaws in conflict with this Act are repealed.
Approved May 13,2004.

GEORGIA LAWS 2004 SESSION

585

l.DCAL GOVERNMENT- SERVICE DELIVERY STRATEGY;
EXEMPTION OF CERTAIN OFFICIALS.

No. 545 (House Bill No. 666).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local
.,vernment, so as to exempt certain officials from the definition of local aovernment fur the purpose of service delivery strategies; to change the amount of
IQII.ual expenditures of local governments requiring annual audits; to provide for
related matters; to provide an effective date; to repeal conflicting laws; and for other
-purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
title 36 of the Official Code of Georgia Annotated, relating to local government,
is amended by striking paragraph (5.2) of Code Section 36-70-2, relating to
definitions conceming service delivery by counties and municipalities, and inserting
in lieu thereof a new paragraph (5.2) to read as follows:
'(5.2) 'Local government' means any county as defined in paragraph (3) ofthis Code section or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state nor any sheriff, clerk of the superior court, judge of the probate court, or tax commissioner or the office, personnel, or services provided by such elected officials.'

SECTION2.
Said title is further amended by striking subsection (a) of Code Section 36-81-7, relating to the requirement of audits, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a)(l) Beginning with the local government fiscal year which ends between July 1, 1994, and June 30, I995, the governing authority of each unit oflocal government having a population in excess of I ,500 persons according to the latest estimate of population by the United States Bureau of the Census or its successor agency or expenditures of$300,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government.
(2) The governing authority of each local unit of government not included in paragraph (I) of this subsection shall provide for and cause to be made the audit required pursuant to paragraph (I) of this subsection not less often than

586

GENERAL ACTS AND RESOLUTIONS, VOL. I

once every two fiscal years. Audits performed pursuant to this paragraph shall be for both fiscal years. (3) The governing authority of each local unit of government having expenditures of less than $300,000.00 in that government's most recently ended fiscal year may elect to provide for and cause to be made, in lieu of the biennial audit otherwise required under paragraph (2) of this subsection, an annual report of agreed upon procedures for that fiscal year. The agreed upon procedures shall include as a minimum: proof and reconciliation of cash, confirmation of cash balances, a listing of bank balances by bank, a statement ofcash receipts and cash disbursements, a review of compliance with state law, and a report of agreed upon procedures. This agreed upon procedures report shall be in a format prescribed by the state auditor and shall constitute an annual audit report for purposes of and within the meaning of the requirements
of subsections (d) through (g) of this Code section. The Department of
Community Affairs is authorized to assist requesting local governments in preparing agreed upon procedures reports required under this paragraph and in establishing record-keeping procedures needed in preparing those reports and is further authorized to charge those local governments reasonable fees for that assistance. To the extent that the state auditor is able to perform the agreed upon procedures, the governing body may contract with the state auditor. (4) At the option of the governing authority, an audit may be made at a lesser
interval than one year:

SECTION3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13, 2004.

RETIREMENT- DISTRICT ATTORNEYS AND EMPLOYEES; CREDITABLE SERVICE.
No. 546 (House Bill No. 878).
AN ACT
To amend Code Section 47-2-262 of the Official Code of Georgia Annotated.
relating to membership of assistant district attorneys and employees of th~
Prosecuting Attorneys Council of the State of Georgia in the Employees Retirement System of Georgia, notice of election, and contributions, so as to

GEORGIA LAWS 2004 SESSION

587

provide for creditable service for certain members who were required to become members of the Employees' Retirement System of Georgia as a matter of law but who failed to do so because of an administrative error; to provide that such persons JDllY obtain the prior service credit to which each is entitled by paying to the board of trUStees employer and employee contributions with interest thereon; to provide that such payments shall be credited to each member's annuity account; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-2-262 of the Official Code of Georgia Annotated, relating to membership of assistant district attorneys and employees of the Prosecuting Attorneys' Council of the State of Georgia in the Employees' Retirement System ofGeorgia, notice of election, and contributions, is amended by inserting at the end thereof the following:
'(c) Any person who was required to become a member ofthis retirement system by operation of subsection (b) ofthis Code section but who failed to do so at the time he or she was so required because of an administrative error may receive creditable service for all or a portion of such period of prior service by paying to the board of trustees an amount which would warrant the grant of creditable service without creating any additional actuarial accrued liability as to the retirement system. Such payment may include a transfer of funds from a money purchase pension plan maintained by the employees employer prior to July 1, .2004, which shall be credited to the employee's annuity account established by the retirement system. The employee's employer is authorized to supplement such amount."

SECTION2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.

SECTION3. All laws and parts of laws in conflict with this Act are repealed.

Approved May 13,2004.

588

GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT- STATE EMPLOYEES; OPTIONAL RETIREMENT ALLOWANCES.

No. 547 (House Bill No. 914).

AN ACT

To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances Wider the Employees Retirement System of Georgia, so as to provide that a member of such retirement system may elect to receive a reduced retirement allowance together with a partial lump sum distribution; to provide for exceptions and limitations; to provide for the paymmt of certain amoWits in the event of the death of a member and a designated beneficiary; to provide conditions for an effective date and automatic repeal: to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances Wider the Employees Retirement System of Georgia, is amended by inserting inWiediately following subsection (e.3) a new subsection to read as follows:
"(e.4) Option five shall consist of a reduced retirement allowance together with a partial lump sum distribution. This option may be elected by any retiring
member including members electing another optional allowance Wider this Code
section except that this option shall not be available to members retiring pursuant to Code Section 47-2-123 or members subject to the requirements of subsection (e) of Code Section 47-2-120. The amoWit of the lump sum distribution Wider this subsection may not exceed the sum of 36 months of the
monthly retirement allowance the retiring member would have received had he
or she not elected the partial lump sum option. The partial lump sum distributioli will be made as a single payment payable at the time the first monthly retirement allowance is paid to the retired member:

SECTION2.
Said Code section is further amended by inserting at the end thereof the following:
(i)(1) Upon the death of the retired member and then the death of the pt2'SOD designated to receive continuing retirement benefits Wider option two, three.
four, or five ifthe total monthly benefits paid to the retired member and to such
person designated to receive continuing benefits, including any partial lump-sum distribution, do not equal or exceed the retired membff''8
accumulated contributions at the time of his or her retirement, the difference shall be refunded to the person designated in writing by the retired membff' tD receive such a refund of this difference. If no such person is designated to

GEORGIA lAWS 2004 SESSION

589

receive a refimd of this difference, or if such designated person has predeceased the person designated to receive continuing monthly retirement benefits, or if such designees are the same person, this difference shall be paid to the estate of the person designated to receive continuing monthly retirement benefits. (2) Upon the death ofthe person designated by the retired member to receive continuing monthly retirement benefits under option two, three, four, or five and then the death of the retired member, if the total monthly benefits paid to the retired member prior to his or her death, including any partial lump-sum distribution, do not equal or exceed the retired member's accumulated contributions at the time of his or her retirement, the difference shall be refunded to the person designated in writing by the retired member to receive such a refund of this difference. If the person designated by the retired member to receive a refund of this difference also predeceases the retired member, or if such designees are the same person, or if no person is designated to receive a refund of this difference, this difference shall be paid to the estate ofthe retired member:

SECTION3. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently fimded as provided in Chapter 20 ofTitle 47 ofthe Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

RETIREMENT- TEACHERS; OPTIONAL RETIREMENT ALLOWANCES.
No. 548 (House Bill No. 917).
AN ACT
To amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, the election of options, and revocation of the election, so as to provide that a member of such retirement system may elect to receive a reduced retirement allowance together with a partial lump sum distribution; to provide for exceptions and limitations; to provide for a refimd in the event of the death of a member or

590

GENERAL ACTS AND RESOLUTIONS, VOL. I

benefit recipient; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, the election of options, and revocation of the election, is amended by inserting immediately following subsection (e) a new subsection to read as follows:
"(e.1) Option five shall consist of a reduced retirement allowance together with a partial lump sum distribution. This option may be elected by any retiring member including members electing another optional allowance under this Code section except that this option shall not be available to members retiring pursuant to Code Section 47-3-122 or members subject to the requirements of subsection (b) of Code Section 47-3-120. The amount of the lump sum distribution under this subsection may not exceed the sum of 36 months of the monthly retirement allowance the retiring member would have received had he or she not elected the partial lump sum option. The partial lump sum distribution will be made as a single payment payable at the time the first monthly retirement allowance is paid to the retired member."

SECTION2. Said Code section is further amended by striking subsection (h) and inserting in lieu thereofthe following:
"(h) Upon the death of the retired member and then the death of the person designated by him or her to receive continuing retirement benefits under option two, three, four, or five if the total monthly benefits paid, including any partial lump sum distribution, to the retired member and to such person designated to receive continuing benefits do not equal or exceed the retired member's accumulated contributions at the time ofhis or her retirement, the difference shall be refimded to the person designated in writing by the retired member to receive such a refimd of this difference. If no such person is designated to receive this difference, or if such designated person has predeceased the person designated to receive continuing monthly retirement benefits, or if such designees are the same person, this difference shall be paid to the estate of the person designated to receive continuing monthly retirement benefits."

SECTION3.
Said Code section is further amended by striking in its entirety subsection (i) and
inserting in lieu thereofthe following:
"(i) Upon the death of the person designated by the retired member to receive
continuing monthly retirement benefits under option two, three, four, or five and
then the death of the retired member, if the total monthly benefits paid, includin8
any partial lump sum distribution, to the retired member prior to his or her death

GEORGIA lAWS 2004 SESSION

591

do not equal or exceed the retired member's accumulated contributions at the tiJne of his or her retirement, the difference shall be refunded to the person designated in writing by the retired member to receive such a refund of this difference. If the person designated by the retired member to receive a refund of this difference also predeceases the retired member, or if such designees are the same person, or if no person is designated to receive this difference, this difference shall be paid to the estate ofthe retired member.

SECTION4.
This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 ofTitle 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise,
this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) ofCode Section 47-20-50.

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

Approved May 13, 2004.

PUBUC OFFICERS -ACTIONS TO PREVENT SALE OR DESTRUCTION OF UNlAWFULLY REMOVED PROPERTY; ARCHIVING OF PUBUC OFFICER RECORDS.
No. 549 (House Bill No. 1026).
AN ACT
To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as provide that the Secretary of State may initiate action
to prevent the sale, transfer, or destruction of certain property removed from a
public office or public officer or employee; to provide for definitions; to provide for ca1ain records of public agencies or officers to be placed with the Division of Archives and History; to provide exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by redesignating subsection (e) of Code Section 45-11-1,

592

GENERAL ACTS AND RESOLUTIONS, VOL. I

relating to offenses involving public records, docwnents, and other items, as subsection (f) and by inserting a new subsection (e) to read as follows:
'(e) Upon presentation of affirmative proof. the Secretary of State or his or her designee may initiate action through the Attorney General or other appropriate jurisdiction to prevent the sale, transfer, conveyance, destruction, or alienation of any records, books, docwnents, or other office property which has been unlawfully removed from any public office or public officer or employee. Upon request of the Secretary of State or his or her designee, the Attorney General or other appropriate jurisdiction shall have the authority to enjoin, r.:.eover, and replevin such records, books, docwnents, or other office property.'

SECTION2. Said title is further amended by striking Code Section 45-13-46, relating to surrender of materials to division for preservation and preparation of certified copies, and inserting in its place the following:
'45-13-46. (a) Any state, county, or other official is authorized, in his or her discretion, to turn over fur permanent preservation in the Division of Archives and History any official books, records, docwnents, original papers, manuscript files, newspaper files, portraits, and printed volwnes not in current use in his or her office. Any record created or received by a state agency, constitutional officer, or Speaker of the House of Representatives in the performance of a public duty or paid for by
public funds, and certified by the Director of the Division of Archives and
History as necessary to docwnent the history, organization, functions, policies, decisions, and procedures of the agency or office, shall be placed for permanmt preservation in the Division of Archives and History when no longer in current use by the agency or officer. The Secretary of State shall provide for the preservation of said materials; and, when so surrendered, copies thereof shall be made and certified by the director upon the application of any person interested, which certification shall have the same force and effect as if made by the officers originally in custody ofthem and for which the same fees shall be charged. (b) Personal and official records and papers ofthe lieutenant Governor and the Speaker of the House of Representatives shall be exempt from the provisions of this subsection (a) of this Code section when such records and papers are deposited in a repository that meets the minimwn archival and public access standards promulgated by the Division ofArchives and History. (c) As used in this Code section, the term 'constitutional officer' means any officer enwnerated in Article V, Section I, Paragraph I, Article V, Section I; Paragraph III, and Article V, Section III, Paragraph I of the Constitution of the State ofGeorgia:

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

GEORGIA LAWS 2004 SESSION

593

PUBUC OFFICERS --BAIL BOND BUSINESS; SCHOOL BOARD MEMBERS.

No. 550 (House Bill No. 1086).

AN ACT

To amend Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, so as to allow persons engaged in the bail bond business to become an elected official for certain local offices; to provide fur related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 45-11-8 of the Official Code of Georgia Annotated, relating to engaging in the bail bond business, is amended by striking the Code section and inserting in lieu thereofthe following:
'45-11-8. (a) It shall be unlawful for any elected official, officer of the court, law enforcement officer, or attorney in this state to engage either directly or indirectly in the bail bond business. For purposes of this Code section, 'elected official' shall not include persons who are elected to the local school board; provided, however, that any such person shall not be allowed to participate in the operation of a bail bond business within the jurisdiction of the office to which he or she is elected (b) Any person who violates this Code section shall be guilty of a misdemeanor."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

STATE GOVERNMENT- LOTTERY; OVERSIGHT COMMITTEE; MEMBERSHIP.
No. 551 (House Bill No. 1117).
AN ACT
To amend Code Section 50-27-34 of the Official Code of Georgia Annotated, relating to the legislative oversight committee for the Georgia Lottery Corporation,

594

GENERAL ACTS AND RESOLUTIONS, VOL. I

so as to change the reference to the House Committee on Industry to the House Committee on Regulated Industries to conform such reference to the committee name as adopted by resolution by the Georgia House of Representatives; to provide for editorial revision; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 50-27-34 of the Official Code of Georgia Annotated, relating to the legislative oversight committee for the Georgia Lottery Corporation, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following:
'(a) There is created as a joint committee of the General Assembly, the Georgia Lottery Corporation Legislative Oversight Committee, to be composed of the members of the House Committee on Regulated Industries and the Senate Committee on Economic Development and Tourism. The chairpersons of such committees shall serve as cochairpersons of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the Georgia Lottery Corporation, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and fi.mctions as provided in this chapter. The oversight committee may conduct any independent audit or investigation ofthe authority it deems necessary.

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

PUBUC OFFICERS - EDUCATION SAVINGS ACCOUNT DEDUCTIONS.
No. 552 (House Bill No. 1118).
AN ACT
To amend Chapter 7 of Title 45 ofthe Official Code of Georgia Annotated, relatin8
to salaries and fees of public officers and employees, so as to provide that
deductions are authorized for the purpose of contributing to savings trust acco~
established under the Georgia Higher Education Savings Plan; to provt~

GEORGIA lAWS 2004 SESSION

595

procedures for authorizing and ending such a deduction; to provide for inununity; to provide for related matters; to provide an effective date; to repeal conflicting laWS; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 45 ofthe Official Code of Georgia Annotated, relating to salaries
iDd fees ofpublic officers and employees, is amended in Article 3, relating to salary
deductions, by inserting a new Code section to be designated Code Section 45-7-57 to read as follows:
'45-7-57. (a) Any department, agency, authority, commission, or other instrumentality of the state is authorized to deduct designated amounts from the wages or salaries of its employees and remit such moneys to one or more savings trust accounts established under Article II ofChapter 3 of Title 20. (b) No payroll deduction shall be made under this Code section without the employee s written and voluntary consent designating the exact amount to be
deducted. (c) Any employee who has authorized a deduction under this Code section is authorized to end such salary deduction upon written notice to the employer. (d) The fiscal authorities or other employees of the various departments, agencies, authorities, commissions, or other instrumentalities of this state shall incur no liability for errors or omissions made in the administration of payroll deductions authorized under this Code section:

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

596

GENERAL ACTS AND RESOLUTIONS, VOL. I

RETIREMENT- GEORGIA PUBUC DEFENDER COUNCIL.

No. 553 (House Bill No. Il37).

AN ACT

To amend Part I 0 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees Retirement System of Georgia, so as to change the designation of the Georgia Indigent Defense Council to Georgia Public Defender Standards Council; to change certain references; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part IO of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions with regard to the Employees Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-323, relating to membership in the retirement system of employees of the Georgia Indigent Defense Council, creditable service, and contributions, and inserting in lieu thereof the following:
'47-2-323. (a) As used in this Code section, the term:
(I) 'Council' means the Georgia Public Defender Standards Council established by Code Section I7-12-3. (2) 'Employee' means any full-time employee ofthe council. (3) 'Proof of prior employment' means pay records, income tax withholding records, or other records of the council which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an employee ofthe council. (b) Effective July I, 1994, or on the date of employment, each employee ofthe council shall become a member of the retirement system. (c)(1) This subsection shall apply only to an employee of the council employed by the council prior to July 1, 1994. (2) An employee of the council who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees, be eligible to receive creditable service under this ret.irement system for prior employment as an employee of the council, subject to the requirements of this subsection. Any such employee must pay to the board of trustees the employee contributions which would have been paid during the period of prior employment if the employee had been a member of the
retirement system during such period. The council shall pay from any funds
available to the council the employer contributions which would have beel1

GEORGIA LAWS 2004 SESSION

597

paid during such period of prior employment. For a member claiming creditable service for prior employment ooder this subsection, the board of truStees shall determine the period of time that the payments to the board of truStees provided for ooder this subsection will ftmd as creditable service ooder the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amooot of creditable service so determined shall be the creditable service to which the member is entitled. (3) The cooocil shall be authorized to supplement, if necessary, the payments made to the board of trustees ooder paragraph (2) of this subsection in an amooot, as determined by the board of trustees, which will fully ftmd as creditable service the total amooot of prior employment of the employee without creating any additional accrued liability of the retirement system. If such supplement is paid to the board of trustees by the cooocil, the employee shall receive full creditable service ooder the retirement system for all prior employment as an employee ofthe cooocil. (d) Any employee of the cooocil who was already a member of the retirement system on July 1, 1994, and any member of the retirement system who, without any break in service, becomes an employee of the cooocil on or after July 1, 1994, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsection (d) of this Code section, an employee of the cooocil becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf ofmembers, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from ftmds appropriated to or otherwise available for the operation of the cooocil. The cooocil shall deduct from the salaries payable to such members the additional employee contributions required by this chapter."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

598

GENERAL ACTS AND RESOLUTIONS, VOL. I

AGRICULTURESTATE GOVERNMENT- ORDERS; ADMINISTRATIVE AND JUDICIAL REVIEW.

No. 554 (House Bill No. 1147).

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 provide for orders issued by the Commissioner of Agriculture; to provide for administrative and judicial review of such orders; to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Administrative Procedure Act," so as to change certain provisions relating to judicial review of contested cases; to change certain provisions relating to applicability of certain provisions relative to the Office of State Administrative Hearings; 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 adding a new Code section to read as
follows: '2-2-9.1. (a) As used in this Code Section, the term 'aggrieved or adversely affected' means that the challenged action has caused or will cause the person injury in fact, and the injury is to an interest within the zone of interests to be protected or
regulated by the statute that the Commissioner is empowered to administer and
enforce. (b) The Commissioner shall issue all orders, and perform actions to include impoundments, quarantine, the issuance, suspension, denial, or revocation of registrations, licenses, or permits, or approval or denial of applications for
registrations, licenses, or permits provided for in such federal and state laws as
are to be enforced by the Department ofAgriculture.
(c) Any administrative order issued by the Commissioner shall specify the alleged violation, prescribe a reasonable time for some type of action to be
accomplished, and provide notice of the right to a hearing. Any order issued pursuant to this Code section shall become final unless the aggrieved or adversely affected registrant, licensee, permittee, applicant, equine owner, livestock ownd' dog or cat owner, exotic and pet bird owner, or farmer of crops or livestoCk.
chickens, or other animals timely requests a hearing in writing as provided b1
this Code section. (d) Any registrant, licensee, permittee, applicant, equine owner, livestoc~ o~ dog or cat owner, exotic and pet bird owner, or farmer of crops or livesw;o chickens, or other animals aggrieved or adversely affected by any order or acUOll

GEORGIA lAWS 2004 SESSION

599

of the Commissioner to include the issuance, suspension, denial, or revocation of a registration, license, pennit, or application, impoundment, quarantine or stop sale, stop use, or stop removal order, upon petition within 30 days after the issuance of such order or the taking of such action, shall have a right to a hearing before a hearing officer appointed or designated for such purpose by the Commissioner. The decision of the hearing officer shall constitute an initial decision ofthe Department ofAgriculture, and any party to the hearing, including the Commissioner, shall have the right to final agency review before the Commissioner in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the provisions ofthis chapter. (e) Where a statute which the Commissioner has responsibility for administration or enforcement or a provision of Article I of Chapter 13 of Title 50 provides for different administrative procedures in providing for a notice and opportunity to be heard other than those specified in this Code section, the Commissioner may elect which procedure to be used on a case-by-case basis. (f) In the event the Commissioner asserts in response to the petition before the hearing officer that the petitioner is not aggrieved or adversely affected, the hearing officer shall take evidence and hear arguments on such issue and thereafter make a ruling on such issue before continuing with the hearing. The burden of going forward with evidence on such issue shall rest with the petitioner. The decision of the hearing officer shall constitute the initial decision of the Commissioner; and any party to the hearing, including the Commissioner, shall have the right for final agency review before the Commissioner in accordance with Chapter 13 of Title 50. (g) Prior to notice, hearing, or detennination, the Commissioner is authorized to impose civil penalties in settlement of contested cases through administrative consent orders. The Commissioner is authorized to impose through administrative consent orders civil penalties ofup to and including $I,OOO.OO per violation, except as otherwise authorized by law.
(h)( I) The Commissioner may seek civil penalties for the violation of those laws to be enforced by the Department of Agriculture; and where the imposition of such penalties is provided for therein, the Commissioner upon written request may cause a hearing to be conducted before a hearing officer appointed or designated by the Commissioner for the purpose of detennining whether such civil penalties should be imposed in accordance with the applicable law. (2) The decision of the hearing officer shall constitute the initial decision of the Commissioner; and any party to the hearing, including the Commissioner, shall have the right of final agency review before the Commissioner in accordance with Chapter 13 ofTitle 50. (3) In rendering a decision on a requested civil penalty, the hearing officer shall consider all relevant factors including, but not limited to, the following:
(A) The amount of civil penalty necessary to ensure immediate and continued compliance and the extent to which the violator may have profited by failing or delaying to comply;

600

GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) The conduct of the person incurring the civil penalty in promptly taking
all feasible steps or procedures necessary or appropriate to comply with or to correct the violation or failure to comply; (C) Any prior violations o( or failures by, such person to comply with statutes, rules, regulations, or orders administered, adopted, or issued by the Commissioner; (D) The character and degree of injury to or interference with public health or safety which is caused or threatened to be caused by such violation or failure to comply; (E) The character and degree ofinjury to or interference with reasonable use of property which is caused or threatened to be caused by such violation or failure to comply; and (F) The character and degree ofintent.with which the conduct ofthe person incurring the civil penalty was carried out. (i)( 1) Once the hearing officer issues an initial decision, that decision may be appealed by any party to the Commissioner for final agency review. The party requesting final agency review shall have 30 days from notice of the initial decision to file an application for final agency review. If the initial decision is not appealed within 30 days by any party, it shall be deemed final without need of any further proceedings. (2) In application, the party requesting final agency review from the Commissioner shall include a short and plain statement of (A) The reasons for seeking review; and (B) Any alleged errors in the initial decision. (3) The Commissioner may in his or her discretion seek review on his or her own motion pursuant to subsection (a) ofCode SectionS0-13-17. (4) Opposing parties may submit statements in response within 20 days of service of an application for final agency review. (5) A copy of any application for final agency review or in opposition of application for review shall be served on all parties and their counsel as well as the Commissioner. (j)( 1) The standard for final agency review of the initial decision shall be de novo review. (2) The Commissioner may only review the record considered by the hearing officer in the initial decision hearing. The Commissioner shall not rely on investigative files.
(3) The Commissioner shall possess all the powers that the hearing officer had
during the initial decision hearing. (4) There shall be a presumption of correctness for the hearing officer's credibility determination of witnesses appearing before the hearing officer. (5) The Commissioner shall not base his or her decision on conjecture. speculation, or impermissible inferences. (k)( I) The hearing officer shall forward to the Commissioner prior to revieW:
(A) A copy ofthe record ofthe case including the initial decision; (B) All pleadings;

GEORGIA LAWS 2004 SESSION

601

(C) Transcripts ofthe hearing; and (D) All exhibits. (2) During the final agency review, the Commissioner may hear or take testimony from any party, including the registrant, licensee, permittee, applicant, equine owner, livestock owner, dog or cat owner, exotic and pet bird owner, or farmer of crops or livestock, chickens, or other animals based on such authority as existed during the initial decision hearing. (3) A party may file a motion not less than 14 days prior to the date of the final agency review to introduce evidence not submitted at the initial decision bearing. Additional evidence may be admitted only if it is material and if good cause exists for not presenting the evidence at the initial decision hearing. Opposing parties may submit responding motions in support of suppression of additional evidence seven days prior to the final agency review. Copies of all motions shall be served on the other party and its counsel as well as the Commissioner. (l)( I) The final decision shall be in writing, and if an initial decision is modified, the Commissioner shall give his or her reasons therefor in the form of findings of fact and conclusions of law, separately stated, along with the effective date of the final decision. If the Commissioner does not issue a final decision within 30 days, the initial decision shall be deemed final without need of further proceedings. Further, once the initial decision is final, a party's right to judicial review shall be extinguished. (2) The Commissioner's decision must be rendered not later than 30 days following the date the initial decision was issued. (3) The Commissioner may modify sanctions after review of an initial decision on appeal, stating the sanctions in the final decision. The Commissioner shall not have to make separate findings of fact to justify modified sanctions. (4) The period of decision may be extended due to complexity of issues or volume of record materials. All parties involved shall be notified of any extension. A decision shall be rendered as soon as practicable. (5) The Commissioner shall serve on the: (A) Opposing party; (B) Opposing party's counsel; (C) Agency counsel; and (D) Original hearing officer any resulting decision or notify the above parties if there is no change to the initial decision along with a statement of rights on appeal to the opposing party and counsel within 30 days of any such decision. (m)( I) A party, or the Commissioner on his or her own motion, may seek reconsideration by the Commissioner of a final agency decision. (2) A party's written request for reconsideration must be submitted to the Commissioner within ten days of service of the final decision. The request shall include a short and plain statement of: (A) All matters alleged to have been erroneously decided; and

602

GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Any newly discovered factual matters and the reasons why any matters were not raised previously. (3) Opposing parties may submit statements in response within 20 days of service ofthe request ofthe consideration. (4) All requests for reconsideration and statements in opposition shall be served on all parties and the Commissioner. (5) If the final agency decision is modified, the Commissioner shall give his or her reasons therefur in the form of findings of fact and conclusions of law along with the effective date ofthe decision. (6) The Commissioner's decision shall be rendered within 30 days following the latest filing deadline. (n) Judicial review of the Commissioner s final decision may be had in accordance with Code Section 50-13-19. (o)( 1) Any order issued by the Commissioner under the laws of this state to be enforced by the Department of Agriculture pursuant to a final decision,
either unappealed from as provided by law or affirmed or modified on any
review or appeal, and from which no further review is taken or allowed, may be filed, by certified copy of the order or final decision from the department, in the superior court of the county wherein the person under order resides, or if such person is a corporation in the county wherein the corporation maintains its principal place of business, or in the county wherein the violation occurred or in which jurisdiction is appropriate; whereupon such superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereatler be the same, as though such judgment had been rendered in an action duly heard and determined by such court. (2) The Commissioner may commence an action in any superior court of proper venue to enforce any order issued by him or her and made an order of the superior court pursuant to this Code section. (p)( 1) If a judicial review of the Commissioner s final decision is sought in accordance with Code Section 50-13-19, and the matter involves the impoundment of equines under Chapter 13 of Title 4, the 'Georgia Humane Care for Equines Act,' the Commissioner shall, along with his or her answer to the petition, include a statement of the costs incurred in the impoundment and care of the impounded animal or animals and an estimate of the future
costs expected to be incurred in the care of the impounded animal or animals
The judge of the superior court may then require the petitioner to submit a surety bond to the court in an amount necessary to provide for the reasonable costs of care for the impounded animal or animals. In lieu of a surety bond. the court may accept a cash bond or property bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. (2) Upon the entering of a final adverse decision against an aggrieved partY by
the superior court, the Commissioner shall within 15 days deliver to the court and to the aggrieved party a statement of the costs incurred ~ :
impoundment and care of the impounded animal or animals. The aggnev

GEORGIA lAWS 2004 SESSION

603

party shall then render payment of such costs to the Cormnissioner within 15 days after the service of the statement of the costs. If the aggrieved party fails to render payment to the Cormnissioner within the time period required in this paragraph, the Cormnissioner may commence and maintain an action against the principal and surety on the bond of the aggrieved party as in any civil action.'

SECTION2. Chapter 13 of Title 50 of the Official Code of Georgia Atrnotated, the "Georgia Administrative Procedure Act," is amended by striking subsection (b) of Code Section 50-13-19, relating to judicial review of contested cases, and inserting in lieu thereof the following:
'(b) Proceedings for review are instituted by filing a petition within 30 days after the service of the final decision of the agency or, if a rehearing is requested, within 30 days after the decision thereon. The petition may be filed in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner; or, if the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or in the superior court of the county where the petitioner maintains its principal place of doing business in this state; and provided, further, that all proceedings for review with respect to orders, rules, regulations, or other decisions or directives of the Cormnissioner of Agriculture may also be brought in the Superior Court of Tift County or the Superior Court of Chatham County. All proceedings for review, however, with respect to orders, rules, regulations, or other decisions or directives of the Public Service Cormnission must be brought in the Superior Court of Fulton County. Copies of the petition shall be served upon the agency and all parties of record. The petition shall state the nature ofthe petitioner s interest, the fact showing that the petitioner is aggrieved by the decision, and the ground as specified in subsection (h) of this Code section upon which the petitioner contends that the decision should be reversed or modified. The petition may be amended by leave o f court.'

SECTION3. Said chapter is further amended in Code Section 50-13-42, relating to applicability of certain provisions relative to the Office of State Administrative Hearings, by striking subsection (a) and inserting in lieu thereof the following:
"(a) In addition to those agencies expressly exempted from the operation of this chapter under paragraph (1) of Code Section 50-13-2, this article shall not apply to the Cormnissioner of Agriculture, the Public Service Cormnission, the Health Planning Review Board, or the Department of Community Health or to the Department of Labor with respect to unemployment insurance benefit hearings conducted under the authority of Chapter 8 of Title 34. Such exclusion does not prohibit such office or agencies from contracting with the Office of State Administrative Hearings on a case-by-case basis.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

PENAL INSTITUTIONS IGNITION INTERLOCK UMITED DRIVING PERMITS.
No. 555 (House Bill No. 1158)
AN ACT
To amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to change certain provisions relating to ignition interlock device limited driving permits; to provide for related matters; to repeal conflicting laws; and for other pmposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated. relating to ignition interlock devices as probation condition, is amended in Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers licenses and for obtaining probationary license and reporting requirements, by inserting a new subsection (d) to read as follows:
"(d)(l) If a person required to report to an ignition interlock provider as required by subsection (c) ofthis Code section fails to report to the provider as
required or receives an unsatisfactory report from the provider at any time
during the six-month period, the Department of Motor Vehicle Safety shaJ1
revoke such person s ignition interlock device limited driving penoil
immediately upon notification from the provider of the failure to report or failure to receive a satisfactory report. Except as provided in paragraph (2) of
this subsection, within 30 days after such revocation, the person may make I written request for a hearing and remit to the department a payment of$250.00
for the cost of the hearing. Within 30 days after receiving a written request tor
a hearing and a payment of$250.00, the Department of Motor Vehicle Safe!>' shall hold a hearing as provided in Chapter 13 of Title 50, the 'GeorP Administrative Procedure Act.' The hearing shall be recorded.
(2) Any person whose ignition interlock device limited driving permit was
revoked on or before July 1, 2004, for failure to report or failure to r~eiv:;
satisfactory report may make a written request for a hearing and renut to

GEORGIA lAWS 2004 SESSION

605

department a payment of$250.00 for the cost of the hearing. Within 30 days after receiving a written request for a hearing and a payment of$250.00, the Department of Motor Vehicle Safety shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (3) If the hearing officer determines that the person failed to report to the ignition interlock provider for any of the reasons specified below, the Department of Motor Vehicle Safety shall issue a new ignition interlock device limited driving pennit that shall be valid for a period of six months to such person. Such reasons shall be for providential cause and include, but not be limited to, the following:
(A) Medical necessity, as evidenced by a written statement from a medical doctor; (B) The person was incarcerated; (C) The person was required to be on the job at his or her place of employment, with proof that the person would be terminated if he or she was not at work; or (D) The vehicle with the installed interlock device was rendered inoperable by reason of collision, fire, or a major mechanical failure. (4) If the hearing officer determines that the person failed to report to the ignition interlock provider for any reason other than those specified in paragraph (3) of this subsection, or if the person received an unsatisfactory report from the provider, after the expiration of 120 days the person may apply to the department and the department shall issue a new ignition interlock device limited driving pennit to such person. (5) This subsection shall not apply to any person convicted of violating Code Section 42-8-118."

SECTION2. Said article is further amended in Code Section 42-8-117, relating to revocation of driving privilege upon violation of probation imposed by Code Section 42-8-111, byredesignating subsection (a) of said Code section as paragraph (1) of subsection (a) and by adding a new paragraph (2) to read as follows:
'(2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) ofCode Section 42-8-112."

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

606

GENERAL ACTS AND RESOLUTIONS, VOL. I

PROFESSIONS -ARCHITECTURE; EDUCATIONAL AND TRAINING
DEADLINES.

No. 556 (House Bill No. II67).

AN ACT

To amend Code Section 43-4-II of the Official Code of Georgia Annotated, relating to the qualifications of applicants for examination or certificate of registration to practice architecture, so as to extend certain deadlines for the use of certain educational and training requirements to quality for examination by the Georgia State Board of Architects and Interior Designers; 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 43-4-II of the Official Code of Georgia Annotated, relating to the
qualifications of applicants for examination or certificate of registration to practice architecture, is amended by striking paragraph (3) of subsection (b) and inserting
in lieu thereof a new paragraph (3) to read as follows: "(3) A bachelor's degree in architectural engineering technology from a school
or college in this state approved by the Accrediting Board for Engineering and
Technology, or any other bachelor's degree with a substantial concentration in architecture approved by the board from a board approved school or college in this state, and at least six years of practical experience as the board, by regulations uniformly applied, shall deem appropriate. An individual who intends to quality as a candidate for examination under the provisions of thiS paragraph shall notify the board of such intent in writing prior to July I, 2004. After July I, 2004, all candidates for examination shall meet the requirementS ofparagraph (1) ofthis subsection:

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

GEORGIA lAWS 2004 SESSION

607

BUILDINGS- MANUFACTURED AND MOBILE HOMES; UNIFORM
STANDARDS.

No. 557 (House Bill No. 1174).

AN ACT

To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to change the provisions relating to retailers, retail brokers, and installers of manufactured and 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 ofTitle 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking in its entirety Part 2, relating to manufactured homes, and inserting in lieu thereof a new Part 2 to read as follows:

"Part 2

8-2-I30. This part shall be known and may be cited as 'The Uniform Standards Code for Manufactured Homes Act.'

8-2-131. As used in this part, the term:
(I) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Installer' means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-I60. (3) 'Lending institutions' means lenders that acquire manufactured or mobile homes incident to their regular business, including national and state chartered banks, federal and state chartered credit unions, lenders that are licensed under Article I3 of Chapter I of Title 7, and lenders that are involved in manufactured or mobile home chattel lending. (4) '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 or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and

608

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 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. (5) 'Manufacturer' means any person who constructs or assembles manufactured homes. (6) 'Mobile 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 or without a permanent foundation when connected to the required utilities and includes the plwnbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976. (7) 'Person' means an individual, corporation, partnership, association, or any other legal entity, but shall not include a trust or the state or any political subdivision thereof (8) 'Retail broker' means any person engaged in the business of selling or offering for sale to conswners three or more new or used manufactured or mobile homes in a 12 month period and who does not maintain a display of manufactured or mobile homes. As used in this paragraph, the terms 'selling' and 'sale' include lease-purchase transactions, and the term 'retail broker' does not include lending institutions. (9) 'Retailer' means any person engaged in the business of selling or offering for sale to conswners three or more new or used manufactured or mobile homes in a 12 month period and who maintains a display of manufactured or mobile homes. As used in this paragraph, the terms 'selling' and 'sale' include lease-purchase transactions, and the term 'retailer' does not include lending institutions.

8-2-132. (a) The Commissioner is authorized and empowered to contract or enter into
cooperative agreements with any agency, department, or instrumentality of the
United States; any agency, board, department, or commission of the state; any
cow1ty, municipality, or local government of the state, or any combination of same; any public or private corporation, firm, or any persons whatsoever; or anY
public authority, agency, commission, or institution to participate in the enforcement of manufactured home construction and safety standards which r.JJA'/
be promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.; provid~
however, that the Commissioner shall notifY the United States Department 0 Housing and Urban Development by July I of his or her intention to teJ'll)inate

GEORGIA LAWS 2004 SESSION

609

any such contract or agreement which termination shall become effective on July 1 ofthe following year. (b) It is the policy ofthis state and purpose of this part to forbid the manufacture and sale of new manufactured homes which are not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of1974, 42 U.S.C. Section 5401, et seq. (c) The Commissioner is authorized and empowered to issue and promulgate all rules and procedures which in his or her judgment are necessary and desirable to make effective the construction standards established by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

8-2-133. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, the Commissioner may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner may also make such investigations and inspections as in his or her judgment are necessary to enforce and administer this part.

8-2-134. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, no person may manufacture, sell, or offer for sale any manufactured home unless such manufactured home and its components, systems, and appliances have been constructed and assembled in accordance with rules issued by the Commissioner with respect to the construction, assembly, and sale of such manufactured homes and unless compliance with such rules is shown in the manner required by the Commissioner's rules.

8-2-135. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132:
(1) Every manufacturer who manufactures manufactured homes outside the State of Georgia and who sells or offers for sale a manufactured home in Georgia shall apply for and obtain a license; (2) Every manufacturer who manufactures manufactured homes in Georgia shall apply for and obtain a license; (3) Every retailer and retail broker who sells or offers for sale new or used manufactured homes or mobile homes in Georgia shall apply for and obtain a license; (4) Applications fur licenses and renewal licenses shall be obtained from the Commissioner and submitted on or before January 1 of each year. All

610

GENERAL ACTS AND RESOLUTIONS, VOL. I

applicants shall certifY in the application that all construction, electrical, heating, and plmnbing standards will be complied with as set forth in this part and in the rules and regulations ofthe Commissioner; and (5) The license and renewal1icense fee shall be $300.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $300.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose ofoffering for sale, or having such homes sold, within the State of Georgia; and $200.00 per retailer location and retail broker which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 3 1 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual renewal fee.

8-2-135.1. (a) During such time as the Commissioner's office is acting as the primary inspection agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every manufacturer who manufactures manufactured homes in Georgia shall pay to the Commissioner a manufacturing inspection fee for each manufactured home manufactured in Georgia, irrespective of whether the manufactured home is offered for sale in this state. This manufacturing inspection fee shall be $20.00 for each certification label, as
defined in Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. For any
reinspection, a $1 0. 00 additional fee shall be charged. (b) During such time as the Commissioner s office is acting as the state administrative agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., a monitoring inspection fee paid by each manufacturer in Georgia fur each manufactured home manufactured in this state shall be paid to the secretarY of the United States Department of Housing and Urban Development or to the secretary's agent for distribution in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., and the regulations promulgated thereunder.

8-2-136.

Each manufacturer, retailer, retail broker, and installer of manufactured homes

shall establish and maintain such records, make such reports, and provide such

information as the Commissioner or the secretary of the United StateS

Department of Housing and Urban Development may reasonably require in onkt

to be able to determine whether the manufacturer, installer has acted or is acting in compliance with this

retailer, part or

wreitthailthberNokaetri, oa~l

Manufactured Housing Construction and Safety Standards Act of 1974,

U.S.C. Section 5401, et seq. Upon the request of a person duly designated by thO

GEORGIA LAWS 2004 SESSION

611

Commissioner or the secretary of the United States Department of Housing and Urban Development, each manufacturer, retailer, retail broker, and installer shall permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether the manufacturer, retailer, retail broker, or installer has acted or is acting in compliance with this part or with the National Manufactured Housing Construction and Safety Standards Act of 197 4, 42 U.S.C. Section 5401, et seq.

8-2-137. (a) Any hearing conducted under the provisions of this chapter or of the rules and regulations promulgated under this part shall be in accordance with Chapter 13 ofTitle 50, the 'Georgia Administrative Procedure Act.' (b) The Commissioner shall be authorized to determine by regulation the manner in which he or she will conduct presentations of views as required during his or her participation as the state administrative agency pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (c) The Commissioner may, through regulations, establish a dispute resolution program in compliance with 42 U.S.C. Section 5422, the National Manufactured Housing Construction and Safety Standards Act of 1974.

8-2-138. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-13 2, retailers, retail brokers, and installers are expressly prohibited from altering or modifYing any manufactured home certified under this part and under the rules and regulations of the Commissioner, except that alterations, changes, or modifications may be made by retailers, retail brokers, or installers certified to make such alterations, changes, or modifications in accordance with rules and regulations promulgated by the Commissioner.

8-2-139. (a) No person may interfere with, obstruct, or hinder an authorized representative of the Commissioner who displays proper department credentials in the performance ofhis or her duties as set forth in this part. (b) The Commissioner or any of his or her authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter and inspect all facilities, warehouses, or establishments in the State of Georgia in which manufactured homes are manufactured. (c) The Commissioner or any of his or her authorized representatives, upon showing proper credentials and in the discharge of their duties pursuant to this part, are authorized during regular business hours and without advance notice to enter upon and inspect all premises in the State of Georgia in which manufactured homes are being sold.

612

GENERAL ACTS AND RESOLUTIONS, VOL. I

8-2-140. Any authorized representative of the Commissioner may, upon displaying proper department credentials, stop and inspect any new manufactured home in transit in order to ascertain if the manufactured home complies with this part and the rules and regulations promulgated hereunder, provided that the manufactured home has been manufactured in tltis state or has been transported into this state for the purpose ofsale within this state.

8-2-141. (a) During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132, any retailer, retail broker, or manufacturer who fails to apply for or obtain a license as required by Code Section 8-2-135 or who fails to remit the appropriate license fee as stated in Code Section 8-2-135 shall be su~ject to a monetary penalty not to exceed $1 00.00 for each day that such violation persists, except that the maximum monetary penalty shall not exceed $20,000.00 for any one violation. (b) Any such monetary penalty may be imposed by the Commissioner after notice and opportunity for hearing as provided under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts ofthis state. (c) In addition to any such monetary penalty, the Commissioner may bring a civil action to enjoin any violation of Code Section 8-2-135, and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law.

8-2-142. If any state or foreign country imposes upon Georgia-donticiled manufactured home manufacturers (or upon their agents or representatives) any taxes, licenses, or other fees in the aggregate, or any fines, penalties, or other material obligations, prohibitions, or restrictions, for the privilege ofdoing business in that state or country, which costs, obligations, prohibitions, or restrictions are in excess of sintilar costs, obligations, prohibitions, or restrictions imposed by the State of Georgia upon manufactured home manufacturers (or their agents or representatives) which are donticiled in that state or foreign country and which are doing business or are seeking to do business in the State of Georgia, then so long as that state or foreign country continues to impose such costs, obligations, prohibitions, or restrictions upon Georgia-donticiled manufactured home manufacturers (or their agents or representatives), the State of Georgia shall impose upon manufactured home manufacturers (or their agents or representatives) which are donticiled in that state or foreign country and which are doing business or are seeking to do business in Georgia the same costs, obligations, prohibitions, or restrictions which are imposed by that state or foreign country on Georgia-donticiled manufactured home manufacturers (or

GEORGIA LAWS 2004 SESSION

613

their agents or representatives) which are doing business or seeking to do business in that state or foreign country. Any tax, license, or other fee or other obligation imposed by any city, county, or other political subdivision or agency of such other state or country on manufactured home manufacturers domiciled in Georgia (or their agents or representatives) shall be deemed to be imposed by such state or country within the meaning of this Code section.

8-2-143. (a) Civil penalties. Any person in this state who violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any regulation or final order issued thereunder, shall be liable to the State of Georgia for a civil penalty not to exceed $1,000.00 for each such violation. Each violation of Section 610 of the aforementioned act or of any regulation or order issued thereunder shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1 million for any related series of violations occurring within one year from the date of the first violation. (b) Criminal penalties. An individual or a director, officer, or agent of a corporation who knowingly and willfully violates any provision of Section 61 0 ofthe National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., in a manner which threatens the health or safety of any purchaser shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000.00 or be imprisoned for not more than 12 months, or both.

8-2-144. The Commissioner of Insurance shall file a report on or before December 15 of each year accounting for all fees received by the Commissioner under this part and Part 3 of this article for the preceding 12 month period and for the actual costs of the inspection prograniS for the preceding 12 month period under this part and Part 3 of this article for the preceding 12 month period. Such report shall be provided to the chairpersons ofthe House Appropriations Committee, the Senate Appropriations Committee, the House Governmental Affairs Committee, and the Senate Regulated Industries and Utilities Committee, the director of the Office of Planning and Budget, and the director ofthe Legislative Budget Office:

SECTION2. Said article is further amended by striking in its entirety Part. 3, relating to the installation of manufactured homes and mobile homes, and inserting in lieu thereof anew Part 3 to read as follows:

614

GENERAL ACTS AND RESOLUTIONS, VOL. I

"Part 3

8-2-160. As used in this part, the term:
(1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Installation' means the construction of a foundation system and the placement or erection of a manufactured home or a mobile home on the foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections ofsuch home. (3) 'Installer' means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-164. (4) 'Manufactured home' means a new or used 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 or without a permanent foundation when 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 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. (5) 'Manufacturer' means any person who constructs or assembles manufactured housing. (6) 'Mobile home' means a new or used 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 or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air-conditioning, and
electrical systems contained therein and built prior to June 15, 1976. (7) 'Person' means an individual, corporation, partnership, association, or any other legal entity, but shall not include a trust or the state or any political subdivision thereof

8-2-160.1. The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States as may be necessary to participate in the enforcement of manufactured home installation standards which may be promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of

GEORGIA LAWS 2004 SESSION

615

1974, 42 U.S.C. Section 5401, et seq.; provi~ed, however, that the Commissioner shall notifY the United States Department of Housing and Urban Development by July 1 of his or her intention to terminate any such contract or agreement which termination shall become effective on July 1 of the following year.

8-2-161. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the Commissioner may:
( 1) Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $200.00; and (2) Establish and publish rules and regulations governing the installation of manufactured homes and mobile homes to be followed in instances in which no manufacturer's installation instructions are available. Such rules and regulations shall be equivalent to usual and ordinary manufacturer's installation instructions.

8-2-162. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the Commissioner has full authority to administer this part and may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes and mobile homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner may also make such investigations of consumer complaints relating to installations as in his or her judgment are necessary to enforce and administer this part.

8-2-163. It shall be unlawful for any person to perform an installation of a manufactured home or a mobile home, without regard to whether such person receives compensation for such action, except as provided in this part.

8-2-164. During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority w1der Code Section 8-2-160.1:
(I) Any installer performing any installation of a manufactured home or a mobile home in this state shall first obtain a license from the Commissioner; provided, however, that persons employed by or contracting with a licensed installer to perform installations shall not be required to obtain such license; and (2) In addition to the requirements of paragraph (I) of this Code section, any installer performing any installation of any new or pre-owned manufactured or mobile home in this state shall first purchase a permit from the Commissioner.

616

GENERAL ACTS AND RESOLUTIONS, VOL. I

The cost of such permit shall be $40.00 for each manufactured or mobile home. Each installer shall provide any information required by the Commissioner to be submitted to obtain a permit. A permit shall be attached by the installer to the panel box of each manufactured or mobile home upon completion of installation.

8-2-165. (a) Any installation of a manufactured home or a mobile home in tllis state shall be performed in strict compliance with the applicable manufacturer's installation instructions, specifically including, without linlitation, correctly installed tie-downs and anchors. In the absence of such instructions, installations shall be performed in accordance with the applicable rules and regulations adopted by the Commissioner. (b) During such time as the Comnlissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the Commissioner or his or her agent shall perform random inspections on installations performed by each installer each year. The inspections required by tllis subsection shall be independent of any requirements under Subpart I of Part 3282 of the Manufactured Home Procedural and Enforcement Regulations of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

8-2-166. Any person determined by the Commissioner to be in violation of tllis part may be penalized by a fine of not more than $500.00 for each such violation, and by the suspension or revocation of licensure. Multiple violations of tllis part occurring in a single installation shall constitute one violation. Each installation performed in violation of tllis part shall constitute a separate violation. In addition to any penalty imposed by the Commissioner, any person convicted of
a violation of this part shall be guilty of and may be punished as for a
misdemeanor.

8-2-167. No political subdivision may adopt or. enforce any requirement not consisttJil with tllis part.

8-2-168. (a) The adoption of rules and conduct of hearings under tllis part shall be~

compliance with the provisions of Chapter 13 of Title 50, the 'Georgta

Administrative Procedure Act.'

(b) The Commissioner is authorized to provide by regulation the manna" in

which he or participation

she will conduct presentations as the state admitlistrative agency

of as

vrieeqwusireddurbinygthheisNaotr iboe~t

Manufactured Housing Construction and Safety Standards Act of 1974, 4

U.S.C. Section 5401, et seq.'

GEORGIA lAWS 2004 SESSION

617

SECTION3. 'lbis Act shall become effective on January 1, 2005, except, however, any provision relating to the payment of fees shall become effective on October 1, 2004.

SECTION4.
All laws and parts of laws in conflict with this Act are repealed.

Approved May 13,2004.

PROFESSIONS- COSMETOlOGY; INMATES.
No. 558 (House Bill No. 1175).
AN ACT
To amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, ielating to cosmetologists, so as to provide for applicability of such chapter with respect to cosmetology training programs operated by the Department of Corrections, the instructors ofsuch programs, or inmates enrolled in such programs; to revise qualifications for members of the State Board of Cosmetology; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Cbapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to Cosmetologists, is amended by adding a new Code section at the end thereof, to be designated Code Section 43-10-20, to read as follows:
"43-10-20. (a) For the purposes of this chapter, the teachers and instructors of and courses of instruction or training in cosmetology operated by the Department of Corrections shall be considered to be subject to the same standards and to be part of the cosmetology programs that are approved by the Department of Technical and Adult Education or the Department of Education as provided for by paragraphs (8), (9), and (10) ofCode Section 43-10-1 and paragraph (6) of Code Section 43-10-12. '(b) The board shall be required to test an inmate who is an applicant for a certificate of registration under this chapter who has completed successfully a cosmetology training program operated by the Department of Corrections and who meets the requirements stated in Code Section 43-10-9. If such inmate passes the applicable written and practical examinations, the board may issue the appropriate certificate of registration to such inmate aft.er consideration of all

618

GENERAL ACTS AND RESOLUTIONS, VOL. I

requirements llllder Code Sections 43-10-9 and 43-1-19; provided, however, that
the board shall not apply the provisions of paragraph (4) of subsection (a) <Jf
Code Section 43-1-19 to such inmate based solely upon such person s status as
an inmate and shall apply such provisions in the same manner as would otherwise be applicable to an applicant who is not an inmate."

SECTION2. Said chapter is further amended by striking Code Section 43-10-2, relating to creation of the State Board of Cosmetology, and inserting in its place a new Code Section 43-10-2 to read as follows:
"43-10-2. (a) There is created the State Board of Cosmetology. The board shall consist of nine members who shall be residents of this state. The board shall have the duty of carrying out and enforcing this chapter. (b) Members of the board shall be at least 25 years of age and have obtained a high school diploma, a general educational development (GED) diploma, or a postsecondary education or college degree; and five of such members must have had at least five years of practical experience in the practice of cosmetology at the master level, a portion of which must have been as a beauty salon owner or manager. One member ofthe board must have had at least five years ofpractie31 experience in the practice of cosmetology at the esthetician leveL One member of the board must have had at least five years of practical experience as a manicurist. (c) The board shall meet as necessary each year for the purpose of holding examinations, adopting rules and regulations, and handling other matters pertaining to duties ofthe board. (d) No member of the board shall be affiliated with any school of cosmetology. Two members shall not have any connection with the practice or business of cosmetology whatsoever but shall have a recognized interest in consumer affairS and in consumer protection concerns. No member ofthe board shall be affiliated or connected in any manner with any manufacturer or wholesale or jobbing house dealing with supplies sold to practitioners of cosmetology while in office. (e) Board members shall be appointed by the Governor for a term of three years and lllltil their successors are appointed and qualified. Vacancies shall be filled by the Governor for the llllexpired portion of the term. The board may do all things necessary for carrying this chapter into effect and may, from time to tiJJle, promulgate necessary rules and regulations compatible with this chapter. The
Governor may remove any board member for cause as provided in Code section
43-1-17. (f) Each year the members shall elect a chairman from among themselves. In the
event the members cannot agree as to who shall be chairman, the Governor shall
appoint one ofsuch members as chairman. The chairman so elected or appointed shall be eligible to succeed himself or herself The members ofthe board shall be considered public officers and shall take the oath required thereof

GEORGIA LAWS 2004 SESSION

6I9

(g) The board shall adopt a seal to be used to authenticate all its official papers
and acts and shall have power to subpoena witnesses, administer oaths, and hear
and take testimony in any matter over which it may have jurisdiction.

SECTION3.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May I3, 2004.

MOTOR VEHIClES- PARKING PERMITS FOR BLIND PERSONS.
No. 559 (House Bill No. II76).
AN ACT
To amend Part 2 of Article I 0 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, so as to provide
i>r parking permits for blind persons; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article I 0 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to parking for persons with disabilities, is amended by striking paragraph (5) of Code Section 40-6-22I, relating to definitions, and inserting in its
place the following:
(5) 'Person with disabilities' means a person who: (A) Is so ambulatorily disabled that he or she cannot walk 200 feet without stopping to rest; (B) Cannot walk without the use of or assistance from a brace, a cane, a crutch, another person, a prosthetic device, a wheelchair, or other assistive device; (C) Is restricted by lung disease to such an extent that his or her forced respiratory volume for one second, when measured by spirometry, is less than one liter, or when at rest, his or her arterial oxygen tension is less than 60 millimeters ofmercury on room air; (D) Uses portable oxygen; (E) Has a cardiac condition to the extent that his or her fi.mctional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association;

620

GENERAL ACTS AND RESOLUTIONS, VOL. I

(F) Is severely limited in his or her ability to walk due to an arthritic, neurological, or orthopedic condition or complications due to pregnancy; or
(G) Is a blind individual whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity, if better than 20/200, is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees."

SECTION2.
Said part is further amended by striking subsections (b) and (c) of Code Section 40-6-222, relating to permits, and inserting in their place the following:
"(b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a practitioner of the healing arts stating that such person is a temporarily disabled person, the specific disability that limits or impairs the person s ability to walk or that he or she is a person with disabilities as specified in subparagraph (G) of paragraph (5) of Code Section 40-6-221, and a date until which such person is likely to remain disabled. The temporary permit shall be predominantly red in color and shall show prominmtly on its face an expiration date the same as the date specified by the physician fur the likely termination of the disability, which date shall not be more than 18()
days after the date the permit is issued. The expiration date shall be printed in a
size of print that is legible when the permit is hung from the rearview mirror Oll
displayed on the driver s side ofthe dashboard. (c) The department shall issue a permanent permit to any person who is obviously permanently disabled and to any other permanently disabled persoa upon presentation of an affidavit of a practitioner of the healing arts stating that
p- such person is a permanently disabled person. The affidavit shall further state the
specific disability that limits or impairs the person s ability to walk or that he ot. she is a person with disabilities as specified in subparagraph (G) ofparagraph (S~ of Code Section 40-6-221. The department shall also issue a permanent to an institution which operates vehicles used primarily for the transportation of individuals with disabilities, upon presentation of a certification from the institution regarding use ofits vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the driver s side, ofthe dashboards ofsuch vehicles. The permanent permit shall be predorninaJlllY 1 blue in color and shall show prominently on its face an expiration date four~ from the date it is issued. The expiration date shall be printed in a size of prillt that is legible when the permit is hung from the rearview mirror or displayed~ the driver s side ofthe dashboard."

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

GEORGIA lAWS 2004 SESSION

621

CRIMES -EDUCATIONMOTOR VEHICLES - OFFENSES AGAINST SCHOOL EMPLOYEES; STALKING; FAMILY VIOLENCE; PHOTOGRAPH PUBLICATION;
SCHOOL DISRUPTION; SCHOOL BUSES.

No. 560 (House Bill No. 1179).

AN ACT

To amend Chapter 5 of Title 16 ofthe Official Code of Georgia Annotated, relating to crimes against the person, so as to establish greater penalties for simple assault and simple battery when the vkiim of such an offense is a public school employee engaged in official duties or on school property; to provide a definition of school property for such offenses and battery; to require that the photographs of certain persons convicted of stalking and aggravated stalking offenses shall be published in the legal organ of the county in which such person is convicted; to require that
the photographs of certain persons convicted of certain assaults and batteries
involving family violence shall be published in the legal organ of the county in which such person is convicted; to amend Chapter 2 of Title 20 ofthe Official Code of Georgia Annotated, relating to elementary and secondary schools, so as to provide that the offense of disrupting the operation of a public school applies to disruption of public school buses and certain public school bus stops; to provide for mandatory training of school bus drivers; to provide for a short title; to provide for policies and procedures regarding the operation of school buses; to require school buses to adhere to published times; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the equipment required on school buses; to provide for certain procedures to be tbllowed by school bus drivers; to provide for effective dates and applicability; to
rq>eal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1.

Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended in Code Section 16-5-20, relating to simple assault,
by inserting a new subsection to be designated subsection (f) to read as follows: '(f) Any person who commits the offense of simple assault against an employee
of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished fur a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education."

622

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION2. Said chapter is fwther amended in Code Section 16-5-23, relating to simple battery, by inserting a new subsection to be designated subsection (i) to read as follows:
'(i) Any person who commits the offense of simple battery against an employee of a public school system of this state while such employee is engaged in official duties or on school property shall, upon conviction of such offense, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, 'school property' shall include public school buses and stops for public school buses as designated by local school boards of education."

SECTION3. Said chapter is fwther amended in Code Section 16-5-23.1, relating to battery, by striking subsection (i) and inserting in lieu thereofthe following:
'(i) Any person who commits the offense of battery against a teacher or other school personnel engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. For purposes of this Code section, 'school property' shall include public school buses and public school bus stops as designated by local school boards of education. n

SECTION3A. Said chapter is fwther amended by adding a new Code section to read as follows:
'16-5-26. (a) The clerk of the court in which a person is convicted of a second or subsequent violation of Code Section 16-5-20 and is sentenced pursuant to subsection (d) of such Code section, Code Section 16-5-23 and is sentenced pursuant to subsection (f) of such Code section, or Code Section 16-5-23 .I shall cause to be published a notice of conviction for such person. Such notice of conviction shall be published in the manner oflegal notices in the legal organ of the county in which such person resides or, in the case of nonresidents, in the legal organ of the county in which the person was convicted. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest. the name and address of the convicted person, and the date, time, place of arrest. and disposition of the case and shall be published once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication may be made. (b) The convicted person for which a notice of conviction is published pursuant to this Code section shall be assessed $25.00 for the cost of publication of such notice and such assessment shall be imposed at the time of conviction in addition to any other fine imposed. (c) The clerk of the court, the publisher of any legal organ which publishes a
notice of conviction, and any other person involved in the publication of an
erroneous notice ofconviction shall be immune from civil or criminal liability for

GEORGIA LAWS 2004 SESSION

623

such erroneous publication, providtxl that such publication was made in good
faith."
SECTION3B. Said chapter is further amendtxl by adding a new Code section to read as follows:
'16-5-96. (a) The clerk of the court in which a person is convicttxl of a second or subsequent violation of Code Section 16-5-90 or 16-5-91 shall cause to be publishtxl a notice of conviction for such person. Such notice of conviction shall be publishtxl in the manner of legal notices in the legal organ of the county in which such person resides or, in the case ofnonresidents, in the legal organ ofthe county in which the person was convicttxl. Such notice of conviction shall be one column wide by two inches long and shall contain the photograph taken by the arresting law enforcement agency at the time of arrest, the name and address ofthe convicttxl person, and the date, time, place of arrest, and disposition of the case and shall be publishtxl once in the legal organ of the appropriate county in the second week following such conviction or as soon thereafter as publication maybe made. (b) The convicttxl person for which a notice of conviction is publishtxl pursuant to this Code section shall be assesstxl $25.00 for the cost of publication of such notice and such assessment shall be impostxl at the time of conviction in addition to any other fine impostxl. (c) The clerk of the court, the publisher of any legal organ which publishes a notice of conviction, and any other person involvtxl in the publication of an erroneous notice of conviction shall be immune from civil or criminal liability for such erroneous publication, providtxl that such publication was made in good faith."

SECTION 4. Chapter 2 of Title 20 of the Official Code of Georgia Annotattxl, relating to elementary and secondary schools, is amendtxl by striking Code Section 20-2-1181, relating to disruption of public schools, and inserting in lieu thereof the following:
'20-2-1181. It shall be unlawful for any person to disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designattxl by local school boards of txlucation. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravattxl nature."

PARTll SECTIONS.

This part shall be known and may be cittxl as "Aleana' s Law."

624

GENERAL ACTS AND RESOLUTIONS~. VOL. I

SECTION6. Said chapter is further amended by adding a new Part 5 to Article 22 to read as follows:

'Part 5

20-2-1125.
All persons employed as school bus drivers by any public school system in this
state shall receive annual mandatory training on traffic laws pertaining to the operation of school buses and on school bus operations and safety. The State Board of Education shall establish the content and length of initial driver training and shall determine the qualifications of and certifY the instructors who conduct such training. No person employed as a school bus driver by any public school system in this state shall operate a school bus unless such person has completed such training within the preceding 12 month period.

20-2-1126. (a) Each public school system in this state shall promulgate policies and procedures for the operation of school buses and the conduct and safety of those students who ride such buses. Such policies and procedures shall be in writing and available for public inspection. Each person employed as a school bus driver shall acknowledge in writing that he or she has received a copy of and has read
and understands such policies and procedures. In the event that such policies and procedures are amended during the school year, such amended policies and
procedures shall be provided to all persons employed by the school system as school bus drivers and, each such person shall acknowledge in writing that he or she has received a copy of and has read and understands such amended policies and procedures. (b) At the beginning of each school year, each public school system in this state shall provide each of its students with a copy of the school system's code of conduct as required by Code Section 20-2-736. In the event such code ofconduct is amended during the school year, the school system shall provide copies of such amendments to the students. The receipt of such student code of conduct shall be acknowledged in writing by a parent or guardian of each student.

20-2-1127. Each public school system in this state shall make accessible a schedule ofschool bus routes that indicate the morning pickup route beginning time and the afternoon school bell time as well as the total number of stops on each school bus route. The time for the bus arrival at each stop will be commensurate with the route beginning time and prescribed stop sequence, except in unfureset'll circumstances. This provision shall not apply to portal-to-portal special needs student transportation or special alternative instructional transportation programs:

GEORGIA lAWS 2004 SESSION

625

SECTION7. Tide 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section 40-6-165 to read as follows:
'40-6-165. (a) Prior to moving a school bus from a stop at whichpassengers have been loaded or unloaded, the driver of the bus shall check all mirrors to ensure that it is safe to place the bus in motion. (b) Prior to loading or unloading passengers from a school bus, the driver shall engage the parking brakes of the bus and shall not release such brakes until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway. (c) Prior to loading or unloading passengers from a school bus, the driver shall display the stop arm on the bus and shall not retract the stop arm until each passenger boarding the bus is on board and until each passenger disembarking from the bus is off the roadway and safely on the pedestrian areas of the roadway. (d) The driver of a school bus shall not use or operate a cellular telephone or two-way radio while loading or unloading passengers. (e) The driver of a school bus shall not use or operate a cellular telephone while the bus is in motion. (f) The driver of a school bus shall instruct all passengers exiting the bus of the proper procedures of crossing the roadway in front ofthe bus only. (g) The driver of a school bus shall ensure that the red flasher lights on the bus remain illuminated and flashing until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas of the roadway. (h) The driver of a school bus shall extend the extension arm or gate on the front of the bus until all passengers have boarded or have exited the bus and have safely crossed the roadway and are safely on the pedestrian areas ofthe roadway."

SECTIONS. Said title is further amended by striking Code Section 40-8-111, relating to school bus equipment generally, and inserting in lieu thereof a new Code Section 40-8-111 to read as follows:
'40-8-111. (a) Each school bus used for the transportation of school children in the State of Georgia shall be in compliance with the State Board of Education bus specifications for the model year of such school bus. {b) Each public school system shall be required to maintain each of its school buses in good working condition, including all safety equipment required in accordance with the specifications established pursuant to subsection (a) of this Code section. {c) Nothing in subsection (a) of this Code section shall apply to motor vehicles operated by a local transit system which transport school children to and from school on regular or scheduled routes of a transit vehicle with regular fare-paying passengers. n

626

GENERAL ACTS AND RESOLUTIONS, VOL. I

PART III SECTION9.

(a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2004. (b) Part I of this Act shall become effective on July 1, 2004, and shall apply to offenses committed on or after such date.

SECTION 10. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

LAW ENFORCEMENT- GBI NOMENCLATURE.
No. 561 (House Bill No. 1192).
AN ACT
To amend Article 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, so as to change and add definitions; to change provisions relating to permission required fur use of the Georgia Bureau of Investigation s nomenclature; 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 5 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation nomenclature, is amended by striking Code Section 35-3-101, relating to definitions, and inserting in lieu thereof the following:
"35-3-1 01. As used in this article, the term:
(1) 'Badge' means any official badge used by employees ofthe Georgia Bureau of Investigation, either in the past or currently. (2) 'Bureau' means the Georgia Bureau of Investigation, its divisions, or operations under its command. (3) 'Director' means the director of the Georgia Bureau of Investigation. (4) 'Emblem' means any official patch or other emblem worn currently ~r formerly or used by the Investigative Division, the Division of ForensiC Sciences, the Georgia Crime Information Center, or any other division or

GEORGIA LAWS 2004 SESSION

627

operation under the command of the bureau to identifY the bureau or its employees. (5) 'Person' means any person, corporation, organization, or political subdivision of the State ofGeorgia. (6) 'Seal' means any official symbol, mark, or abbreviation which represents and is used by the Investigative Division, the Division of Forensic Sciences, the Georgia Crime Information Center, or any other division or operation under the command ofthe bureau to identifY the bureau or its employees. (7) 'Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the director that such person s activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator.'

SECTION2. Said article is further amended by striking Code Section 35-3-1 02, relating to permission required for use of the Georgia Bureau of Investigation s nomenclature,
and inserting in lieu thereofthe following:
'35-3-102. Whoever, except with the written permission of the director, knowingly uses the words 'Georgia Bureau of Investigation,' 'GBI,' 'agent of the Georgia Bureau of Investigation,' 'Division of Forensic Sciences,' 'DOFS,' 'Georgia Crime InfOrmation Center,' 'GCIC,' or 'State Crime Lab' in referring to Georgia's state crime lab in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet, or other publication, play, motion picture, broadcast, telecast, or other production is approved, endorsed, or authorized by or associated with the bureau shall be in violation of this article.'

SECTION 2.A. '35-3-154.1. (a) A copy of a report of the methods and findings of any examination or analysis conducted by an employee of the state crime laboratory, authenticated Wlder oath, is prima-facie evidence in court proceedings in the State of the facts contained therein. (b) The report shall have the effect as if the person who performed the analysis or examination had personally testified and shall have an affidavit of the employee stating that:
(I) He or she is certified to perform the requisite analysis or examination;

628

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) His or her experience as a chemist or analyst and as an expert witness testifying in court; and (3) He or she conducted the tests shown on the report using procedures approved by the Bureau and the report accurately reflects his opinion regarding the results. (c) The prosecuting attorney shall serve a copy on defendant" s attorney of record or on defendant if pro se, prior to the first proceeding the report is to be used against defendant. (d) Any report under this Code section shall contain notice ofthe right to demand the testimony ofthe person signing the report. (e) The defendant may object in writing any time after service of the report, but at least ten days prior to trial, to the introduction of the report. If objection is made, the judge shall require the employee to be present to testifY. The state shall diligently investigate the witness availability and report to the court. Ifthe witness is not available on a timely basis, the court shall grant a continuance:

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

REVENUE- GOVERNMENT CONTRACTOR; OVERHEAD MATERIALS; EXTEND SALES TAX EXEMPTION.
No. 562 (House Bill No. 1238).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to sales and use tax exemptions, so as to extend the sales and use tax exemption for sales to and use by a government contractor of overhead materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract; 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 sales and use tax exemptions, is amended by striking paragraph (58), and inserting in lieu thereof a new paragraph (58) to read as follows:

GEORGIA LAWS 2004 SESSION

629

'(58)(A) Notwithstanding any provisions of this chapter to the contrary, sales to or use by a govermnent contractor of overhead materials in performance of a contract with the United States govermnent to which title passes immediately to the govermnent under the terms ofthe contract. (B) As used in this paragraph, the term:
(i) 'Govermnent contractor' means a person who enters into a contract with the United States Department of Defense or the National Aeronautics and Space Administration to sell services or tangible personal property, or both, for the purpose ofthe national defense. (ii) 'Overhead materials' means any tangible personal property used or consumed in the performance of a contract between the United States Department of Defense or the National Aeronautics and Space Administration and a govermnent contractor, the cost of which is charged to an expense account and allocated to various United States govermnent contracts based upon generally accepted accounting principles, and consistent with govermnent contract accounting standards. The term overhead materials does not include tangible personal property which is incorporated into real property construction. (C) The exemption provided for in this paragraph shall be applicable to all calendar years beginning on or after January I, I997, as follows: (i) At the rate of 25 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January I, I997; (ii) At the rate of 50 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January I, 1998; (iii) At the rate of 75 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, I999; and (iv) At the rate of 100 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 2000, and for each calendar year thereafter. (D) This paragraph shall stand repealed on January 1, 2007;'.

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

630

GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE- SALES TAX REFUNDS; UMITATIONS.

No. 563 (House Bill No. 1239).

AN ACT

To amend Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration of revenue and taxation, so as to provide for additional restrictions with respect to certain refimds; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration ofrevenue and taxation, is amended by adding a new Code section immediately following Code Section 48-2-35, to be designated Code Section 48-2-35.1, to read as follows:
0 48-2-35.1. If a certificate or exemption determination letter issued by the commissioner certifying that the purchaser is entitled to purchase tangible personal property or taxable services without the payment of sales and use tax has not been obtained and used prior to purchasing such tangible personal property or taxable services, a refimd ofsales and use taxes shall be made without interest.

SECTION2. This Act shall become effective on July 1, 2004, and shall be applicable to any sales and use tax refimd claim filed on or after that date.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

GEORGIA LAWS 2004 SESSION

631

CODE REVISION- OCGA CORRECTIONS.

No. 564 (House Bill No. 1245).

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 ofGeorgia Annotated and other codes and laws ofthe state; to rearrange, renumber, IJl(l redesignate provisions of the Official Code of Georgia Annotated; to provide fi>r other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

Reserved.

SECTION2.

Reserved.

SECTION3.

Reserved.

SECTION4.

Reserved.

SECTIONS.

Reserved.

SECTION6.

SECTION7. 1itle 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows:

632

GENERAL ACTS AND RESOLUTIONS, VOL. I

(I) By striking "15 U.S.C. 78o" and inserting in its place "15 U.S.C. Section 78o" in paragraph (5) of subsection (b) and by striking "depositors, to further define," and inserting in its place "depositors, and to further define," in subsection (c) of Code Section 7-1-241, relating to restrictions on engaging in the banking business. (2) By striking "U.S.C. 80b-3" and inserting in its place "U.S.C. Section 80b-3" in paragraph (6) and by striking "U.S.C. 78o" and inserting in its place "U.S.C. Section 78o" in paragraph (7) of subsection (a) of Code Section 7-1-242, relating to restrictions on corporate fiduciaries. (3) By striking ''Nothing herein contained" and inserting in its place "Nothing in this Code section" in subsection (c) of Code Section 7-1-439, relating to the books and records of shareholders ofbanks and trust companies. (4) By striking "Code Sections 7-1-605 et seq." and inserting in its place "Code Sections 7-1-605 through 7-1-608" in Code Section 7-1-620, relating to interstate acquisitions ofbanks and bank holding companies. (5) By striking "Section 1841 et seq.," and inserting in its place "Section 1841, et seq.," in Code Section 7-1-628.13, relating to notices of merger consolidation or other transactions involving out-of-state banks. (6) By striking "Governor" and inserting in its place "governor" in subsection (d) and by striking "roles at a mortgage lender" and inserting in its place "roles as a mortgage lender" in subsection (h) of Code Section 7-1-1004, relating to investigations and audits of an applicant and its officers and education, experience, and other requirements relative to licensees and registrants in the licensing of mortgage lenders and mortgage brokers. (7) By striking "notice of reinstatement of bond" and inserting in its place "notice of reinstatement of the bond" in subsection (a) of Code Section 7-1-1018, relating to cease and desist orders, enforcement procedures, civil penalties, and fines in regard to the licensing ofmortgage lenders and mortgage brokers. (8) By striking "Code Sections 7-3-19 through 7-3-21" and inserting in its place "Code Section 7-3-19, this Code section, and Code Section 7-3-21" in Code Section 7-3-20, relating to tax on interest and payment, inspection of records, and rules and regulations. (9) By striking "12 U.S.C. 1735-7," and inserting in its place "12 U.S.C. Section 1735f-7," in paragraph (1) of subsection (b) of Code Section 7-4-3, relating to finance charge on retail installment contracts for manufactured homes and motor vehicles being subject to federal law and the stating of federal provisions in contracts. (1 0) By striking "12 U.S.C. 1735f-7,"and inserting in its place "12 U.S.C. Section 1735f-7," in paragraph (1) and by striking "12 U.S.C. 86a," and inserting in its place "12 U.S.C. Section 86a," in paragraph (2) ofCode Section 7-4-20, relating to election to forgo application of federal usury laws. (II) By striking "cost" and inserting in its place "costs" in paragraph (2) of Code Section 7-5-3, relating to the organization of credit card banks. (12) By striking "high cost home loan" and inserting in its place "high-cost home loan" in subsection (a) of Code Section 7-6A-4, relating to costs and fees in the "flipping" of a home loan.

GEORGIA LAWS 2004 SESSION

633

(13) By striking "provided the change" and inserting in its place "provided that the change" in paragraph (4) of Code Section 7-6A-5, relating to limitations of bigh-cost home loans.

SECTIONS. Title 8 of the Official Code of Georgia Almotated, relating to buildings and housing, is amended as follows: (1) By striking "Safety Standards for Manlifts ANSI A90.la-1976" and inserting in its place "Safety Standards for Manlifts ANSI A90.1-1976" in subsection (c) of code Section 8-2-1 04, relating to the employment of inspectors, inspection fees,
and inspection rules and regulations pertaining to elevators, dumbwaiters,
escalators, manlifts, and moving walks. (2) By striking "within or without" and inserting in its place "inside or outside" in subsection (g) of Code Section 8-2-113, relating to the promulgation of rules and regulations by the commissioner, the delegation of inspection authority, rules and regulations continued in full force and effect, advisory committee, powers of the commissioner with respect to state inspectors, and training programs for local enforcement agency personnel regarding factory built buildings and dwelling units. (3) By striking "certificate of destruction" and inserting in its place "Certificate of Destruction" in subsection (b) ofCode Section 8-2-189, relating to requirements for filing fur a Certificate of Destruction with the clerk ofsuperior court. (4) By striking "subparagraphs (a)(3 )(A) and (a)(3)(B) of this subsection" and inserting in its place "subparagraphs (A) and (B) of paragraph (3) of this subsection" in paragraph (2) of subsection (a) of Code Section 8-3-50, relating to the appointment, qualifications, and tenure of the housing authority commissioners and reimbursement for expenses.

Reserved.

SECTION9.

SECTION 10. Title 10 ofthe Official Code of Georgia Almotated, relating to commerce and trade, is amended as follows: (1) By striking "paragraph (4) of subsection (a) of Code Section 16-8-12" and inserting in its place "paragraph (5) of subsection (a) of Code Section 16-8-12" in subsection (c) of Code Section 10-1-393.5, relating to prohibited telemarketing, Internet activities, or home repair under the "Fair Business Practices Act of 1975." (2) By striking "paragraph (4) of subsection (a) of Code Section 16-8-12" and inserting in its place "paragraph (5) of subsection (a) ofCode Section 16-8-12" in subsection (c) of Code Section 10-1-393.6, relating to unlawful telemarketing 1ransactions and criminal penalty under the "Fair Business Practices Act of 1975." (3) By striking "subparagraph (a)(4)(A) ofCode Section 16-8-12" and inserting in its place "subparagraph (a)(5)(A) of Code Section 16-8-12" in subsection (a) of Code Section I0-5B-6, relating to criminal and civil penalties and the right to

634

GENERAL ACTS AND RESOLUTIONS, VOL. I

ptmish Wider other laws in regard to deceptive, fraudulent, or abusive telemarketing. (4) By inserting a quotation mark before "I OOs," in paragraph (I) of Code Section I0-13A-2 relating to definitions in the tobacco product manufacturers master settlement agreement enhancements.

Reserved.

SECTION 11.

SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (I) By striking the period at the end of paragraph (5) and inserting"; and" in lieu thereof and by reenacting former paragraph (6) as it existed immediately prior to its repeal by Ga. L. 2002, p. 415, Sec. I2, in subsection (b) of Code Section 12-8-95, relating to the hazardous waste trust fimd, to read as follows:
"(6) Provided that annual appropriations are made to the Department of Natural Resources in accordance with subsection (b) ofCode Section 12-8-91, for transfer on an annual basis to the Georgia Hazardous Waste Managemtm Authority in an amoWlt equal to I 0 percent ofthe previous year s payment int() the state treasury by the division of fees and penalties pursuant to subsection (e) of Code Section I2-2-2, subsection (e) of Code Section 12-8-39, and Code Section I2-8-95.1. If in any year the fees cease to be collected due to the Wlencumbered principal balance exceeding $25 million in the hazardous waste trust fimd, a transfer of fimds shall be made to the Georgia Hazardous Waste
Management Authority from the principal of the hazardous waste trust fund
equal to the average transfer for the three preceding years. Such transferred fimds are to be administered by the chief administrative officer of the Georgia Hazardous Waste Management Authority to fimd source reduction and project activities as set forth in Article 4 of this chapter and in accordance with the policies of the board." (2) By reenacting former Code Section I2-8-189, relating to transfer ofpersonnd
and facilities of the former Georgia Hazardous Waste Management Authority and
other state programs to the Pollution Prevention Assistance Division, as it e::Usted immediately prior to its repeal by Ga. L. 2002, p. 415, Sec. 12, to read as fullows:
"12-8-189. (a) On October I, 1993, the staff and physical and financial assets, proptn'YI records, and programs of the Georgia Hazardous Waste Management Authori~ shall be transferred to the division for administration and use by the divisi~DI Any fimding subsequent to October I, 1993, designated for or to such authoritY
shall be directed to the division for administration and use by the division. upon
approval of the commissioner, the staff of the division may serve as staff to sudl
authority for such periods of time as is determined by the commissioner to llf
necessary.

GEORGIA IAWS 2004 SESSION

635

(b) State programs of waste reduction, pollution prevention, and reporting iJnplemented by other agencies, authorities, or divisions may be transferred, along with any financial and physical assets and records which are used in support of said programs, to the division for administration and use by the division.'

Reserved.

SECTION 13.

SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, is 1110ended as follows: (1) By striking "Code Section 14-2-1506" and inserting in its place "Code Section 14-3-1506" in paragraph (1) of subsection (a) of Code Section 14-3-1503, relating to application for a certificate of authority for a foreign corporation to transact
business.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended 15 fullows: (1) By striking "pursuant to subparagraph (a)(4)(E) of Code Section 15-6-61," and ioserting in its place "pursuant to subparagraph (a)(4)(C) ofCode Section 15-6-61 ," in subsection (a) of Code Section 15-6-66, relating to the grantor-grantee index to be provided by the clerks of superior courts. (2) By striking "suntil" and inserting in its place "until" in paragraph (I) of subsection (a) of Code Section 15-12-122, relating to the demand of jury panels ftom which to select a jury in civil actions in the state courts and the superior courts.

Reserved.

SECTION 16.

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By striking "the defendant" and inserting in its place "the person" and by striking "his" and inserting in its place "his or her" each time it appears in Code Section 17-7-90, relating to the definition ofbench warrants, execution, and matters relating to bail. (2) By striking the comma following the word "consider" in subsection (d) of Code Section 17-8-31, relating to grounds for granting of continuances; party, leading attorney, or material witness in attendance on active duty as member of National Guard or component of armed forces ofthe United States; and setting bail in certain
~es.

636

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) By striking "in the state are represented" and inserting in its place "in the state

is represented" in paragraph (2) and by striking "council member" and inserting in

its place "councilmember" in paragraph (3) of subsection (b) and by striking

"experience, and" and inserting in its place "experience and" in subsection (c) of

Code Section 17-12-3, relating to the creation and membership of the Georgia

Public Defender Standards Council.

(4) By striking "council," and inserting in its place "council" in paragraph (1) of

subsection (c) of Code Section 17-12-5, relating to the Georgia Public Defender

Standards Council's director and the director's qualifications, selection, salary, and

responsibilities.

(5) By striking "he or she serves" and inserting in its place "they serve" in

subsection (a) of Code Section 17-12-20, relating to the public defender selection

panel for each circuit, the appointment of a public defender, removal, and

vacancies.

(6) By striking "defender," and inserting in its place "defender" in paragraph (2)

of subsection (a) of Code Section 17-12-27, relating to the appointment of assistant

public defenders, salary, and promotions.

(7) By striking "defender," and inserting in its place "defender" in subsection (a)of

Code Section 17-12-28, relating to the appointment of an investigator, role and

responsibilities, compensation, and promotions in regard to state fimded local

indigent defense programs.

(8) By striking "defender," and inserting in its place "defender" in subsection (a)

of Code Section 17-12-29, relating to employment of supplemental personnel and

compensation in regard to state fimded local indigent defense programs.

(9) By striking "defender," and inserting in its place "defender" in subsection (b)

of Code Section 17-12-33, relating to the prohibition of assistant public defenders'

private practice oflaw and their admission to the bar in Georgia.

(10) By striking "office of the mental health advocacy" and inserting in its place

"office of mental health advocacy" in Code Section 17-12-80, relating to the term

"office" being defined.

(11) By designating the third sentence of Code Section 17-12-108, relating to the

effective date of the article and the repeal of the article as it relates to Article S

creating the Office of Multicounty Public Defender, as new Code Section

17-12-127.1 and by striking "this article" and inserting in its place "Article 5 ofthiS

chapter" and by striking "Article 6 of this chapter" and inserting in its place "this

article" both times it appears in such sentence.

(12) By striking "office, and administering" and inserting in its place "office.

administering" in paragraph (4) ofCode Section 17-12-123, relating to management

of the Office ofthe Georgia Capital Defender.
(13) By striking "This article may be cited" and inserting in its place "This arti~le

shall be known and may be cited" in Code Section 17-13-20, relating to a short ude

for the "Uniform Criminal Extradition Act."



(14) By striking "Lost Wages" and inserting in its place "Lost wages", by s~

"Funeral Expenses" and inserting in its place "Funeral expenses", by s~

"Financial Hardship or Loss of Support" and inserting in its place "FinaDCl

GEORGIA lAWS 2004 SESSION

637

bafdship or loss of support", and by striking "Crime Scene Sanitization" and inSerting in its place "Crime scene sanitization" in paragraph (2) of subsection (c) and by striking "crime;" and inserting in its place "crime; and" in paragraph (1) of subsection (f) of Code Section 17-15-8, relating to the required findings, amount of award, rejection of claim, reductions, exemption from garnishment and execution, exemption from treatment as ordinary income, effective date for awards, and psychological counseling for relatives of deceased in regard to victim compensation.

SECTION 18. Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor, is amended as follows: (1) By striking "violation of the 'Fair Business Practices Act of 1975."' and inserting in its place "violation of Part 2 of Article 15 of Chapter 1 of Title 10, the 'fair Business Practices Act of 1975."' in subsection (d) of Code Section 18-5-4, relating to the penalty for unlawfully engaging in the business of debt adjusting.

SECTION 19. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By striking "subsection (c) of this Code section" and inserting in its place "subsection (e) ofthis Code section" in paragraph (1) of subsection (f) of Code Section 19-8-12, relating to notice to biological father, procedure when identity or location of father is not known, petition, hearing, and order, when rights of biological father terminated, and legitimation of child by father in regard to adoption. (2) By striking "provisions of the Code section" and inserting in its place "provisions of this Code section" in paragraph (8) of subsection (f) of Code Section 19-8-23, relating to where records of adoption are kept, examination by parties and attorneys, and use of information by agency and department. (3) By striking "date hereof: however," and inserting in its place "date hereof; however," in the sixth paragraph of the form in subsection (a) of Code Section 19-8-26, relating to how the surrender ofparental rights is executed, how and when surrender may be withdrawn, and forms in regard to adoption. (4) By striking "15 U.S.C. Section 1681 et seq.," and inserting in its place "15 U.S.C. Section 1681, et seq.," in subsection (b) of Code Section 19-11-9.1, relating to duty to furnish information about obligor to department, use of information obtained, and penalty for noncompliance regarding support for a dependent child. (5) By striking "sent by first class mail" and inserting in its place "sent by first-class mail" in the introductory language of subsection (f) of Code Section 19-11-9.3, relating to suspension or denial of license for noncompliance with a child support order, interagency agreements, and report to the General Assembly. (6) By striking "Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33" and inserting in its place "Code Sections 19-6-3 0 through 19-6-3 3" in subparagraphs (A) and (B) of paragraph (4) of subsection (d) of Code Section 19-11-12, relating

638

GENERAL ACTS AND RESOLUTIONS, VOL. I

to the determination of ability to support, review of procedures, order adjusting support award amount, and no release from liability due to subsequent financial obligation. (7) By striking "accident and sickness provisions" and inserting in its place "accident and sickness coverage provisions" in subsection (b) of Code Section 19-1I-27, relating to accident and sickness insurance coverage for children, the National Medical Support Notice or other notice of enrollment, and the establishment of coverage. (8) By striking "shall contain at a minimum, all information" and inserting in its place "shall contain, at a minimwn, all information" in the last sentence of subsection (a) of Code Section I9-13-53, relating to standardized forms, timing of transmission of information and data entry, and responsibility of the sheriffs office regarding the family violence and stalking protective order registry.

SECTION20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (I) By striking "designated files" and inserting in its place "designated fields" in paragraph (3) of subsection (a) and by striking "student; and" and inserting in its place "student." in division (b)(I)(A)(ii) of Code Section 20-3-374, relating to a service cancelable loan fund and authorized types of service cancelable educational loans in regard to the Georgia Student Finance Authority.

Reserved.

SECTION21.

Reserved.

SECTION22.

Reserved.

SECTION23.

Reserved.

SECTION24.

SECTION25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection, is:
amended as follows: (I) By striking "member appointed" and inserting in its place "members appointed" both times it appears in paragraph (2) of subsection (c) of Code Section 25-4-3, relating to the Georgia Firefighter Standards and Training Council and itS establishment and organization, advisory committee, and expenses and allowanc~

GEORGIA LAWS 2004 SESSION

639

Reserved.

SECTION26.

Reserved.

SECTION27.

Reserved.

SECTION28.

Reserved.

SECTION29.

Reserved.

SECTION30.

Reserved.

SECTION31.

Reserved.

SECTION 32.

Reserved.

SECTION33.

SECTION 34. Tide 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By striking "forego" and inserting in its place "forgo" in subsection (c) of Code Section 34-8-169, relating to the Commissioner of Labor's authority to contract with outside entities to provide debt collection services. (2) By striking "hereunder" and inserting in its place "under this Code section" in Code Section 34-9-53, relating to directors emeritus of the State Board of Workers Compensation, their eligibility for appoinunent, and procedure for appointment. (3) By striking "as herein provided," and inserting in its place "as provided in this article," in Code Section 34-9-169, relating to revocation and suspension of certificates of authority, probation and fine, and voluntary dissolution or termination of functions in regard to workers compensation group self-insurance fimds. (4) By striking "any other provisions" and inserting in its place "any other provision" and by striking "of the issuance" and inserting in its place "or the issuance" in paragraph (4) of subsection (c) of Code Section 34-9-203, relating to tmployer s pecuniary liability for medical charges, liability for medical malpractice, payment ofreasonable charges, inclusion ofreports and documentation With charges, defense for failure to make payments, and penalties relating to payment for medical attention under workers compensation.

640

GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) By striking "as hereinbefore provided;" and inserting in its place "as provided in Code Section 34-9-223;" in subsection (c) ofCode Section 34-9-225, relating to effect of written receipt of widow or widower, minor, or guardian upon liability of employer and determination of obligation of employer to rival claimants in regard to the method ofworkers compensation payment. (6) By striking "injury;" and inserting in its place "injury; and" at the end of paragraph (3) of subsection (b) ofCode Section 34-9-265, relating to compensation for death resulting from injury and other causes, penalty fur death from injlll) proximately caused by intentional act of employer, and payment of death benefits where no dependents found in regard to workers compensation. (7) By striking "general;" and inserting in its place "general; and" at the end of paragraph (1) of subsection (b) of Code Section 34-9-281, relating to prerequisites to compensation for occupational disease under workers compensation. (8) By striking ''herein provided or inconsistent herewith." and inserting in its place "provided in or inconsistent with this article." in Code Section 34-9-288, relating to applicability of provisions of chapter to article in regard to compensation fur occupational disease under workers compensation.

Reserved.

SECTION35.

SECTION36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking "This Act" and inserting in its place "This chapter" in Code Section 36-75-1, relating to a short title for the "War on Terrorism Local Assistance Act."

Reserved.

SECTION 37.

Reserved.

SECTION 38.

Reserved.

SECTION 39.

SECTION 40.
Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended as follows:
(1) By striking "registration;" and inserting in its place "registration," both titntlS
it appears in subparagraph (b)(2)(A) of Code Section 40-2-8, relating to the
operation of an unregistered vehicle or vehicle without current license plate.' revalidation decal, or county decal, storage of unlicensed vehicle, jurisdicti: display of temporary plate, revision and extension of temporary plate, disposition of fines in regard to the registration and licensing of motor vehicles.

GEORGIA lAWS 2004 SESSION

641

(2) By striking "they own" and inserting in its place "it owns" in subsection (a) of Code Section 40-2-38, relating to registration and licensing of dealers, manufacturers, and persons transporting motor vehicles and mobile homes. (3) By striking "Code Section 48-10-2.1" and inserting in its place "Code Section 40-2-152" in subsection (g) of Code Section 40-2-88, relating to reciprocal agreements for registration of commercial vehicles on apportionment basis and waiver ofpenalties in regard to the registration and licensing ofmotor vehicles. (4) By striking "cancelled" and inserting in its place "canceled" in paragraph (1) of subsection (d) of Code Section 40-2-137, relating to definitions, notification of msurance coverage termination, lapse fee, promulgation ofrules or regulations, and suspension of vehicle registrations in regard to the registration and licensing of ro.otor vehicles. (5) By striking "to which" and inserting in its place "at which" in subsection (a) of Code Section 40-5-81, relating to driver improvement programs in regard to the restoration oflicenses to persons completing defensive driving course or alcohol or drug program. (6) By striking "upon conviction, be punished" and inserting in its place "upon conviction be punished" in subsection (c) of Code Section 40-5-100, relating to authorization by the Department of Motor Vehicle Safety to issue identification cards for persons without drivers' licenses, contents, and possession of more than one card prohibited. (7) By striking 'Uniform Citation" and inserting in its place "uniform citation" in paragraph (2) of subsection (b) of Code Section 40-5-121, relating to driving while a license is suspended or revoked. (8) By striking "school-sponsored" and inserting in its place "school sponsored" in paragraph (21.1) in Code Section 40-5 -142, relating to definitions pertaining to commercial drivers licenses. (9) By striking "state-administered" and inserting in its place "state administered" in subsection (c) ofCode Section 40-5-151, relating to disqualification from driving and action required after suspending, revoking, or canceling license or nonresident privileges in regard to commercial drivers licenses. (10) By striking "Code of Federal Regulations," and inserting in its place "Code of Federal Regulations" in subsection (a) of Code Section 40-6-142, relating to certain vehicles having to stop at all railroad crossings in regard to negotiating railroad crossings and entering highways from private driveways and uniform rules oftheroad. (11) By striking "Nothing herein" and inserting in its place "Nothing in this subsection" in subsection (a) of Code Section 40-14-3, relating to application for a permit and use of a speed detection device while the application is pending.

Reserved.

SECTION 41.

Reserved.

SECTION 42.

642

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking "company, partnership" and inserting in its place "company, or partnership" in the first sentence of subsection (b) of Code Section 43-40-10, relating to granting of real estate broker's, associate broker's, salesperson's, or community association manager's license to firm.

Reserved.

SECTION 44.

Reserved.

SECTION 45.

SECTION 46.

Title 46 of the Official Code of Georgia Annotated, relating to public utilities and

public transportation, is amended as follows:

(1) By striking "railroad, or in any" and inserting in its place "railroad or in any"

in subsection (d) of Code Section 46-1-2, relating to measure of damages for

wrongs and injuries by railroad companies generally and venue for actions against

railroad companies and electric companies generally.

(2) By striking "toll free" and inserting in its place "toll-free" in subsection (a) of

Code Section 46-2-25.2, relating to sixteen-mile toll-free telephone calling,

modification of rate schedules, recovery of expenses or lost revenues by telephone

companies, and rate-making power of Public Service Commission.

(3) By striking "Ga. L. 1929, p. 219" and inserting in its place "Ga. L. 1929. P

219," in subsection (e) of Code Section 46-4-57. relating to exercise of right of

eminent domain by gas utilities.

(4) By striking "such Act" and inserting in its place "such part" each time it appears

in subsection (b) of Code Section 46-4-160.5, relating to retail customer recovfS'/

for violations in regard to natural gas competition and deregulation.

(5) By striking "provider, or other" and inserting in its place "provider or other" in

paragraph (2) of subsection (b) of Code Section 46-5-27, relating to telephone

solicitations to residential, mobile. or wireless subscribers, Public service

Commission to establish and maintain list of certain subscribers, authorization for

imposition of administrative fees, confidential nature of data base, and required

identification.
(6) By striking "vice-president" and inserting in its place "vice president" in Code
Section46-5-99, relating to extension of telephone service into the state by for~gl)

nonprofit or cooperative corporations, Secretary of State as agent for foretgll

corporations, and rights and powers offoreign corporations. (7) By striking "(47 U.S.C. Section 157 et seq.)," and inserting

in

its

place

"~47.

U.S.C. Section 157, et seq.)," in paragraph (12) of Code Section 46-5-122, re1atiJJS

to definitions regarding the emergency telephone number "911 " system.

GEORGIA LAWS 2004 SESSION

643

(8) By striking "as it may deem necessary" and inserting in its place "as he or she may deem necessary" in Code Section 46-7-27, relating to authority of the commissioner of motor vehicle safety to adopt rules and orders necessary for enfurcement of article regarding motor common or contract carriers. (9) By striking "filed with it," and inserting in its place "filed with him or her," in Code Section 46-7-3 3, relating to proceedings before the commissioner of motor vehicle safety and appeal from orders in regard to motor common or contract
carriers. (10) By striking ''by rule and regulation," and inserting in its place ''by rule or regulation," in subsection (b) of Code Section 46-7-85.5, relating to safety and mechanical inspections oflimousine carriers. (11) By striking "two-thirds vote" and inserting in its place "two-thirds' vote" in subsection (a) ofCode Section 46-8-125, relating to change ofgeneral direction and route ofrailroad.

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (l) By striking "Code Section 48-2-40," and inserting in its place "Code Section 48-2-41," in paragraph (6) ofsubsection (f) of48-2-32, relating to forms ofpayment oftaxes and license fees made to the state revenue commissioner. (2) By striking "Redevelopment Act," and inserting in its place "Redevelopment Act,"' in subsection (j) of Code Section 48-5-7.6, relating to the definition of brownfield property, qualifYing for preferential assessment, disqualification of property receiving preferential assessment, responsibilities of property owners, transfers of property, costs, appeals, and penalty and creation of lien against property.

Reserved.

SECTION 49.

Reserved.

SECTION 50.

Reserved.

SECTION 51.

Reserved.

SECTION 52.

Reserved.

SECTION 53.

644

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 54. Except for Title 47, the text ofCode sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision nwnbers 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 Vo1wnes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and nwnbering of Code sections as contained in the 2003 supplements to the Official Code of Georgia Annotated published under authority ofthe state in 2003 by LEXIS Publishing, are reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Connnission 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 2004 regular session of the General Assembly of Georgia shall supersede the provisions ofthe Official Code ofGeorgia 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; except that paragraphs (5) through (9) and
paragraph (12) of Section 17 ofthis Act shall become effective January 1, 2005; paragraph (11) of Section 17 of this Act shall become effective 11:58 P.M. on December 31, 2004; and paragraph (1) of Section 25 of this Act shall become effective July 1, 2004.

GEORGIA lAWS 2004 SESSION

645

SECTION 56.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

EDUCATION- SOCIAL SERVICESFIRE PROTECTION- PENAL INSTITUTIONS - REVENUE-
DEPARTMENT OF EARLY CARE AND LEARNING; CREATE; OFFICE OF
SCHOOL READINESS; EUMINATE.
No. 565 (Senate Bill No. 456).
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create the Department of Early Care and Learning as successor to the Office of School Readiness; to provide for the duties and powers of such department; to provide that such department shall be a separate budget unit; to define terms; to provide for a board; to provide for members and their appointment, tenns, vacancies, officers, expenses, and duties; to provide for rules and regulations; to provide for a conunissioner and such official" s appointment, compensation, and duties; to transfer to the department certain powers, duties, and fim.ctions relating to the regulation of child care and the quality of child care; to delete obsolete provisions; to protect the retirement rights of certain employees previously transferred; to provide for succession to rules, regulations, policies, procedures, and administrative orders of the Office of School Readiness; to provide fur the transfer of assets and employees; to provide for succession to certain rules, regulations, policies, procedures, and administrative orders of the Department of Hmnan Resources and the Georgia Child Care Council; to provide for licensing, commissioning, and registration of day-care centers, family day-care homes, child care learning centers, and group day-care homes; to restrict the department's authority regarding the content of educational curriculum; to provide for exceptions; to provide for minimum space requirements; to provide for assistance in meeting the department's rules and regulations; to provide for temporary licenses, conunissions, and registrations; to provide for refusal to issue a license, registration, or conunission; to provide for display of licenses, registrations, and commissions; to provide for the application of the "Georgia Administrative Procedure Act"; to provide for inspection of early care and education programs; to provide for periodic reports; to provide for the misdemeanor offense of operating an early care and education program without a license, conunission, or registration; to provide for injunctions; to provide for civil penalties, notice, opportunity to show

646

GENERAL ACTS AND RESOLUTIONS, VOL. I

in writing why a civil penalty should not be imposed, appeal, and collection; to authorize penalties for material misrepresentations, failure to provide access, failure to comply with licensing requirements, and violations; to provide for investigations; to provide for assessment of expenses; to provide for immunity; to provide for emergency monitors and procedures for orders and preliminary hearings; to authorize variances and waivers from rules and regulations; to provide for inspection warrants and the conditions for their issuance, the form and contents of such warrants, and to provide that evidence discovered pursuant to an inspection warrant is not competent as evidence in criminal proceedings; to provide for assistance from other state departments, agencies, officers, and employees; to authorize transfer of certain functions from the Department ofEducation; to provide for requirements relating to criminal records checks for directors and employees of centers; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, so as to redesignate and transfer to Chapter lA ofTitle 20 of the Official Code of Georgia Annotated, relating to the Office of School Readiness, provisions relating to the Georgia Child Care Council; to revise provisions relating to the membership of the council; to delete provisions relating to the director of the council, the council's attachment to the Department of Human Resources for administrative purposes, and funding for costs of the council; to provide that the council shall advise the Board and Commissioner of Early Care and Learning; to provide for duties of the lead agency and the department relating to federal funding and improvement of the quality, availability, and affordability of child care; to delete provisions relating to regulation of day-care centers, family day-care homes, and group day-care homes; to revise the duties of the Department of Human Resources relating to regulation of child-placing agencies, child-caring institutions, and maternity homes; to provide that commissioned child welfare agencies operate in accordance with the same rules and regulations as licensed child welfare agencies; to provide for refusing a license or commission to a child welfare agency; to delete a provision relating to employment of persons who have been convicted of specified offenses; to revise a provision. relating to criminal records checks for emergency temporary employees, fuster parents, and adults residing in a foster care home; to amend Code Section 25-2-ll of the Official Code of Georgia Annotated, relating to buildings presenting special hazards, Code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, and Code Section 48-7-40.6 of the Official Code of Georgia Annotated, relating to tax credits for employers providing child care, in conformity with the creation of the new department and the transfer to it of duties relating to the regulation of child care; to amend various provisions of the Official Code of Georgia Annotated in conformity with the name of the new department; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA lAWS 2004 SESSION

647

SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is alllended by striking Chapter 1A, relating to the Office of School Readiness, and inSerting in lieu thereofthe following:

'CHAPTER 1A ARTICLE I

20-1A-1.
The Department of Early Care and Learning is created as a department of the
executive branch of state government and shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Department of Early Care and Learning is the successor to the Office of School Readiness and shall have the duties, responsibilities, functions, powers, authority, employees, office equipment, furniture, and other assets formerly held by the Office of School Readiness. The Department of Early Care and Learning shall be a separate budget mtit.

20-1A-2. As used in this chapter, the term:
(1) 'Board' means the Board of Early Care and Learning. (2) 'Child care learning center' means a day-care center that participates in Georgia s Pre-K Program. (3) 'Commissioner' means the commissioner ofthe Department of Early Care and Learning. (4) 'Day-care center' means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, 19 or more children under 18 years of age. (5) 'Department' means the Department of Early Care and Learning. (6) 'Early care and education programs' include all family day-care homes, group day-care homes, day-care centers, and child care learning centers. (7) 'Early childhood' means the period of cltildhood from birth to age six. (8) 'Family day-care home' means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 18 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence. (9) 'Group day-care home' means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.

20-lA-3. (a) There is created a Board of Early Care and Learning and a commissioner of early care and learning.

648

GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) The board shall consist of one member from each congressional district appointed by the Governor. In as far as it is practical, the members ofthe board shall be representative of all areas and functions encompassed within the early childhood care and education community. In appointing members to their initial terms, the Governor shall designate five members for two-year terms, four members for three-year terms, and four members for five-year terms. Subsequent appointments shall be for five-year terms. Members shall serve until their successors are appointed. In the event of a vacancy on the board for any reason other than expiration of a term, the Governor shall appoint a person from the same congressional district to fill the vacancy for the unexpired term. (c) The board shall elect from its members a chairperson and such other officers as the board considers necessary. The board shall adopt bylaws for the conduct of its activities. The members of the board shall receive per diem and expense reimbursement as shall be determined and approved by the Office of Planning and Budget in conformity with rates and allowances determined for members of other state boards. (d) The board shall determine policies and promulgate rules and regulations for the operation ofthe department including:
(1) Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start; (2) Functions transferred to the department from the Department of Human Resources relating to day-care centers, group day-care homes, family day-care homes, and other functions as agreed upon by the department and the Department of Human Resources in accordance with Code Section 20-lA-8; (3) Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-lA-63; and (4) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17. (e) The board shall oversee the budget of the department and shall submit an annual request for funding to the Office of Planning and Budget in accordance with Code Section 45-12-78. (f) The commissioner shall be the chief administrative and executive officer of the department. The commissioner shall be appointed by and serve at the pleasure of the Governor. The commissioner shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor. (g) The commissioner shall have the authority to employ all personnel of the department, subject to the provisions of this chapter, all applicable provisions; other laws governing public employment, and the policies, procedures, rules, regulations of the board.

20-1A-4.
The Department of Early Care and Learning shall have the following powers and
duties:

GEORGIA lAWS 2004 SESSION

649

(1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as 'Georgia's Pre-K Program'; (2) To administer such programs and services as may be necessary for the operation and management ofpreschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department; (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter; (5) To regulate early care and education programs in accordance with this chapter; (6) To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state; (7) To serve as the Head Start state collaboration office; (8) To perform any other functions as agreed upon between the department and the Department of Human Resources, pursuant to Code Section 20-1A-8; (9) To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17; and (10) To exercise the powers reasonably necessary to accomplish the purposes ofthis chapter, including, but not limited to, contracting for services.

20-1A-5. This chapter shall not be construed to impair or affect the rights of persons previously transferred to the Office of School Readiness who were members of the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 and who elected to continue membership in such retirement system in accordance with previous law.

20-1A-6. The department shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the Office of School Readiness which are in effect on September 30, 2004. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board or commissioner, as applicable.

20-1A-7. Each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the department or a provider of pre-kindergarten services shall refer to the program as 'Georgia's Pre-K Program.'

650

GENERAL ACTS AND RESOLUTIONS, VOL. I

20-1A-8. (a) Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Hwnan Resources for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Hmnan Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Hwnan Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Hmnan Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Hwnan Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (b) Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession ofthe Georgia Child Care Council or the Department of Hmnan Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004. (c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be su~ject to the approval of the commissioner, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency. (d) Employees of the department shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the department pursuant to subsections (a) and (b) of this code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service. (e) All rights, credits, and funds in the Employees Retirement System of Georgia created in Chapter 2 of Title 47 which are possessed by state personnel transferred by provisions of this Code section to the department, or otherwiSe held by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to

GEORGIA lAWS 2004 SESSION

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becoming employees of the department. No employment benefit of any employee transferring to the department shall be impaired. (f) Funding for functions and positions transferred to the department under this Code section shall be transferred as provided in Code Section 45-12-90.

20-IA-9. The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers, group day-care homes, and family day-care homes, including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources, the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-IA-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board.

20-IA-10. (a) The department is authorized and empowered to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated for such purposes, the regulation of early care and education programs by providing consultation and making recommendations concerning establishment and implementation of such programs and by licensing and inspecting periodically
all such programs to ensure their adherence to this chapter and rules and
regulations promulgated by the board. (b) Day-care centers and child care learning centers operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may notify the department annually and be commissioned in lieu of being licensed upon request for commission. Commissioned day-care centers and child care learning centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board fur the operation of licensed day-care centers and child care learning centers. Any day-care center or child care learning center operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may elect to apply for a commission as provided fur in subsection (c) ofthis Code section. (c) All early care and education programs shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board; provided, however, that the department may require persons who operate family day-care homes to register with the department. (d) The department shall publish and make available to early care and education programs and interested persons a list of guidelines fur quality child care.

652

GENERAL ACTS AND RESOLUTIONS, VOL. I

(e) Aft.er an early care and education program has been licensed, connnissioned, or registered by the department as provided in this chapter, the program shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that rules and regulations for food service have been incorporated in the regulations for licensing, connnissioning, or registering such programs. (f) The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculwn taught by an early care and education program, except to the extent that a program operates Georgia's Pre-K Program or any other voluntary educational program administered by the department. (g) Persons who operate early care and education programs shall be required to post in a conspicuous place next to telephones in the home or center the telephone nwnbers of the nearest or applicable providers of emergency medical, police, and fire services. (h) Persons who operate early care and education programs shall post signs prohibiting smoking to carry out the purposes ofparagraph (4) of subsection (a) of Code Section 16-12-2. (i) Group day-care homes, day-care centers, and child care learning centers shall provide a minimwn of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Day-care centers and child care learning centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square fed ofusable space per child for children aged three years and older may be provided Notwithstanding the limitation to 18 children prescribed in Code Section 20-IA-2, group day-care homes will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided Notwithstanding the limitation to six children prescribed in Code Section 20-IA-2, a family day-care home operator may care for two additional childrtn aged three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this subsection, all other applicable rules and regulations shall apply. (j) The department shall assist applicants, licensees, registrants, or persons holding connnissions in meeting rules and regulations ofthe department for early care and education programs.
(k) Application for a license, connnission, or registration for an early care and
education program shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license, registration, or connnission and upon presentation by the applicant of evidence that the early care and education program meets the rules and regulations prescribed by the department, the department shall issue such early care and education program a license, registration, or connnission for a one-year period. (I) If the department finds that any early care and education program appli~ does not meet rules and regulations prescribed by the department but .18 attempting to meet such rules and regulations, the department may, in tts

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discretion, issue a temporary license, registration, or commission to such early care and education program, but such temporary license, registration, or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such program is making progress toward meeting prescribed rules and regulations of the department, the department may, in its discretion, reissue such temporary license, registration, or commission for one additional period not to exceed one year. As an alternative to a temporary license, registration, or conunission, the department, in its discretion, may issue a restricted license, registration, or commission which states the restrictions on its face. (m) The department shall refuse to issue a license, registration, or commission upon a showing of:
(1) Noncompliance with the rules and regulations for day-care centers, family day-care homes, group day-care homes, or child care learning centers which are designated in writing to the facilities as being related to children's health and safety; (2) Flagrant and continued operation of an unlicensed, unregistered, or uncommissioned facility in contravention ofthe law; or (3) Prior license, registration, or commission denial or revocation within one year of application. (n) All licensed, registered, or commissioned early care and education programs shall prominently display the license, registration, or commission issued to such program by the department at some point near the entrance of the premises of such program that is open to view by the public. (o) The department's action revoking or refusing to renew or issue a license, registration, or commission required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that only 30 days notice in writing from the commissioner's designee shall be required prior to license, registration, or commission revocation and except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any child who will testify at that hearing. (p) It shall be the duty of the department to inspect at regular intervals all licensed, registered, or commissioned early care and education programs within the state. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the licensee, registrant, or commissionee. (q) If any flagrant abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any early care and education program or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require.

654

GENERAL ACTS AND RESOLUTIONS, VOL. I

(r) If abuses, derelictions, or deficiencies are found in the operation and management of any early care and education program, they shall be brought immediately to the attention of the management of such program; and if correctable, but not corrected within a reasonable time, the department shall revoke the license, registration, or commission of such program in the manntl' prescribed in this Code section. (s) The department may require periodic reports from early care and education programs in such forms and at such tin1es as the department may prescribe. (t) Any person who shall operate an early care and education program without a license, registration, or commission issued by the department shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 for each such offense. Each day of operation without a license, registration, or commission shall constitute a separate offense. (u) The department may, without regard to the availability of other remedies, including administrative remedies, seek an ~unction against the continued operation of an early care and education program without a license, registration, or commission or the continued operation of an early care and education progran1 in will~ violation ofthis chapter or of any regulation of the department or of any order ofthe department. (v) The term 'licensed day-care center' shall include a commissioned day-care center and commissioned child care learning center and any references in this Code to a licensed day-care center, including criminal, administrative, and civil provisions applicable to licensed day-care centers, shall include and apply to commissioned day-care centers and commissioned child care learning centtrs unless otherwise proyided in this Code section.

20-IA-11. (a) Any person who violates the provisions of Code Section 20-2A-l 0 or who hinders, obstructs, or otherwise interferes with any representative of the department in the discharge of that person s official duties in making inspections as provided in such Code section or in investigating complaints as provided in such Code section shall be guilty of a misdemeanor.
(b)(I) Any person who:
(A) Violates any licensing, commissioning, or registration provision ofthis
chapter or any rule, regulation, or order issued under this chapter or any term, condition, or limitation of any license, commission, or registration
certificate under this chapter thereby subjecting a child in care to injury or
a life-threatening situation; or (B) Commits any violation for which a license, commission, or registrati~
certificate may be revoked under rules or regulations issued pursuant to this
chapter may be subject to a civil penalty, to be imposed by the department, not to exceed $500.00. If any violation is a continuing one, each day of such

GEORGIA lAWS 2004 SESSION

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violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. (2) Whenever the department proposes to subject a person to the imposition of a civil penalty under this subsection, it shall notify such person in writing:
(A) Setting forth the date, facts, and nature of each act or omission with which the person is charged; (B) Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, license, commission, or registration certificate involved in the violation; and (C) Advising of each penalty which the department proposes to impose and its amount. Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the department to the last known address of such person. The person so notified shall be granted an opportunity to show in writing, within such reasonable period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person that, upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the department, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection. (4) All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.

20-lA-12. (a) This Code section shall be applicable to any early care and education program which is subject to regulation by the department in accordance with this chapter. For purposes of this Code section, the term 'license' shall be used to refer to any license, registration, or commission issued by the department pursuant to the provisions ofthis chapter. (b) The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or holder of a license has:
(1) Knowingly made any false statement ofmaterial information in connection with the application for a license, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the early care and education program;

656

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing ofthe program; (3) Failed to comply with the licensing requirements ofthis state; or (4) Failed to comply with any provisions ofthis Code section.
(c) When the department finds that any applicant or holder of a license has
violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the program, the department, subject to notice and opportunity for hearing, may take
any ofthe following actions: (1) Refuse to grant a license; provided, however, that the department may refuse to grant a license without holding a hearing prior to taking such action; (2) Administer a public reprimand; (3) Suspend any license for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license; (4) Prohibit any applicant or holder of a license from allowing a person who previously was involved in the management or control, as defined by rule, of any program which has had its license revoked or denied within the past 12 months to be involved in the management or control of such program; (5) Revoke any license; (6) Impose a fine, not to exceed a total of$25,000.00, ofup to $500.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing of any program; or (7) Limit or restrict any license as the department deems necessary for the
protection of the public, including, but not limited to, restricting some or all
services of or admissions into a program for a time certain. In taking any of the actions enumerated in this subsection, the department shall
consider the seriousness of the violation, including the circumstances, extent, and
gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety ofthe public. (d) The department may deny a license or otherwise restrict a license for any
applicant who has had a license denied, revoked, or suspended within one year
of the date of an application or who has transferred ownership or governin3
authority of a program subject to regulation by the department within one year
of the date of a new application when such transfer was made in order to avert
denial, revocation, or suspension of a license. (e) With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereaft authorize remedial or disciplinary grounds and action, the department may, in its
discretion, dispose of the action so instituted by settlement. In such cases, all
parties, successors, and assigns to any settlement agreement shall be bound by the terms specified in such agreement and violation of such agreement thereo~by any applicant or holder of a license shall constitute grounds for any actton enumerated in subsection (c) ofthis Code section.

GEORGIA LAWS 2004 SESSION

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(f) The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to the licensing of a program has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section. (g) For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to the initial or continued licensing of any program. (h) Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against a program reasonable and necessary expenses incUrred by the department pursuant to any administrative or legal action required by the failure of the program to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney's fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspections, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action. (i) For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune. (j) In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden ofproving this exemption or exception. (k) This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (l) The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply. (m) The board is authorized to promulgate rules and regulations to implement the provisions ofthis Code section.

658

GENERAL ACTS AND RESOLUTIONS, VOL. I

20-1A-13. (a) As used in this Code section, the tenn:
(1) 'Emergency order' or 'order' means a written directive by the commissioner or the commissioner s designee placing a monitor in an early care and education program. (2) 'Monitor' means a person designated by the department to remain on-site in a program as an agent ofthe department, observing conditions. (3) 'Preliminary hearing' means a hearing held by the department as soon as possible after the order is entered at the request of a program which has been affected by an emergency order placing a monitor in the program in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The commissioner or his or her designee may order the emergency placement of a monitor or monitors in an early care and education program upon a finding that rules and regulations ofthe department are being violated which threaten the health, safety, or welfare of children in the care of the program and when one or more of the following conditions are present: ( 1) The program is operating without a license, commission, or registration; (2) The department has denied application for license, registration, or commission or has initiated action to revoke the existing license, registration, or commission ofthe program; or (3) Children are suspected of being subjected to injury or life-threatening situations or the health or safety of a child or children is in danger. (c) A monitor may be placed in a program for no more than ten consecutive
calendar days, during which time the monitor shall observe conditions and
regulatory compliance with any recommended remedial action of the department. Upon expiration of the ten-day period, should the conditions warrant, the initial ten-day period may be extended for an additional ten-day period. The monitor shall report to the department. The monitor shall not assume any administrative responsibility within the program, nor shall the monitor be liable for any actions of the program. The salary and related costs and travel and subsistence allowance as defined by department policy of placing a monitor in a program shall be reimbursed to the department by the program, unless the order placing
the monitor is determined to be invalid in a contested case or by final
adjudication by a court of competent jurisdiction, in which event the cost shall be paid by the department. (d) An emergency order shall contain the following:
(1) The scope ofthe order; (2) The reasons for the issuance ofthe order; (3) The effective date of the order if other than the date the order is issued;
(4) The person to whom questions regarding the order are to be addressed; and
(5) Notice ofthe right to a preliminary hearing. (e) Unless otherwise provided in the order, an emergency order shall become effective upon its service. Service of an emergency order may be made upon the

GEORGIA LAWS 2004 SESSION

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owner of the facility, the director of the facility, or any other agent, employee, or person in charge of the facility at the time of the service ofthe order. (f) A request for a preliminary hearing shall be made in writing within five days from the time of service, excepting weekends. The request must be made to the representative of the department designated in the order. Unless a request is made to appear in person, the preliminary hearing shall consist of an administrative review of the record, written evidence submitted by the early care and education program affected, and a preliminary written argument in support of its contentions. (g) If a request is made to appear in person at the preliminary hearing, the program shall provide the name and address ofthe person or persons, if any, who will be representing the program in the preliminary hearing. (h) Upon receipt of a request tor a preliminary hearing, the department shall set and give notice of the date, time, and location of the preliminary hearing. The preliminary hearing shall be held as soon as possible after a request therefor but in no event later than 72 hours after such request, provided that a program may request that such hearing be held earlier and that in no event shall a hearing be held on a weekend or holiday. (i) If a personal appearance is requested, the preliminary hearing shall consist of a review of the evidence in the record, any additional evidence introduced at the hearing, and any arguments made. A recording shall be made of the hearing. (j) The department shall, where practicable, issue an immediate oral order and shall, in all instances, issue a written order within four business days after the close of the hearing. (k) Pending final appeal of the validity of any emergency order issued as provided in this Code section, such emergency order shall remain in full effect until vacated or rescinded by the commissioner or the commissioner s designee. (1) The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force.

20-IA-14. (a) The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for early care and education programs regulated by the department as follows:
(I) The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject ofthe variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question; (2) The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner

660

GENERAL ACTS AND RESOLUTIONS, VOL. I

that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection ofhealth, safety, and care; (3) The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery; (4) Waivers or variances which affect an entire class of programs may only be approved by the board and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of programs shall be made in accordance with the requirements for notice ofrule making in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; or (5) Variances or waivers which affect only one program in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record ofsuch action and shall make this information available to the board and all other persons who request it. (b) The department may exempt classes of programs from regulation when, in the department's judgment, regulation would not permit the purpose intended or
the class of programs is subject to similar requirements under other rules and
regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.

20-IA-15. (a) As used in this chapter, the term 'inspection warrant' means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions oflaws authorizing licensure, inspection, or regulation by the department. (b) The commissioner or the commissioner s delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the commissioner or the commissioner s agents to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or regulation by the department. (c) Inspection warrants shall be issued only by a judge of a court ofrecord whose territorial jurisdiction encompasses the property to be inspected. (d) The issuing judge shall issue tl1e warrant when such judge is satisfied that the following conditions are met:
( 1) The one seeking the warrant must establish under oath or affirmation _that
the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable

GEORGIA LAWS 2004 SESSION

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cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection ofthat property; and (2) The issuing judge determines that the issuance ofthe warrant is authorized by this Code section. \e) The inspection warrant shall be validly issued only if it meets the following requirements: (I) The warrant is attached to the affidavit required to be made in order to obtain the warrant; (2) The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection; (3) The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and (4) The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced. (f) No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party.

20-IA-I6. It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the benefit of children and youths and to assist the department in effectuating the purposes of this chapter by making available to the department upon request of the board or commissioner and to the extent permissible by law the services, resources, personnel, and facilities of their respective departments and agencies.

. 20-IA-I7. The commissioner and the State School Superintendent, with the concurrence of the board for the department and the State Board of Education, are authorized to transfer programs relating to early childhood education from the Department of Education to the department, as long as such programs are not expressly assigned to the Department of Education by statute.

ARTICLE2

20-IA-30. As used in this article, the term:
(1) 'Center' means a day-care center, group day-care home, family day-care home, or child care learning center which is required to be licensed or registered under Article I ofthis chapter.

662

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) 'Conviction' means a finding or verdict of guilty or a plea of guilty regardless ofwhether an appeal of the conviction has been sought. (3) 'Crime' means any felony; a violation of Code Section 16-5-23, relating to simple battery, when the victim is a minor; a violation of Code Section 16-12-1, relating to contributing to the delinquency of a minor; a violation of Chapter 6 of Title 16, relating to sexual offenses; a violation of Code Section 16-4-1 , relating to criminal attempt when the crime attempted is any of the crimes specified by this paragraph; or any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph. (4) 'Criminal record' means:
(A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where:
(i) A plea of nolo contendere was entered to tl1e charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any oilier offense committed in anoilier jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (iii) Adjudication or sentence was oilierwise witllheld or not entered on ilie charge; provided, however, that iliis division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in anoilier jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Tide 17. (5) 'Director' means the chief administrative or executive officer of a facility. (6) 'Emergency temporary employee' means an employee oilier ilian a director whose duties involve personal contact between iliat person and any child being cared for at ilie facility and who is hired on an expedited basis to avoid noncompliance wiili staffing standards for centers required by law, rule, or regulation. (7) 'Employee' means any person, oilier ilian a director, employed by a centEr to perform at any of ilie center's facilities any duties which involve personal
contact between iliat person and any child being cared for at ilie facility and also includes any adult person who resides at ilie facility or who, with or
wiiliout compensation, performs duties for the center which involve personal contact between iliat person and any child being cared for by ilie center. (8) 'Employment history' means a record ofwhere a person has worked for the past ten years. (9) 'Facility' means a center s real property at which children are received for care.

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(I 0) 'Fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (11) 'GCIC' means the Georgia Crime Information Center established under Article 2 of Chapter 3 ofTitle 35. (12) 'GCIC information' means criminal history record information as defined in Code Section 35-3-30. (13) 'Ucense' means the document issued by the department to authorize the center to which it is issued to operate a facility. (14) 'National fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a report from the Federal Bureau of Investigation after a search of bureau records and fingerprints. (15) 'Preliminary records check application' means an application for a preliminary records check determination on forms provided by the department. (16) 'Preliminary records check determination' means a satisfactory or unsatisfactory determination by the department based only upon a comparison of GCIC information with other than fingerprint information regarding the person upon whom the records check is being performed. (17) 'Records check application' means two sets of classifiable fingerprints, a records search fee to be established by the board by rule and regulation, payable in such form as the department may direct to cover the cost of a fingerprint records check under this article, and an affidavit by the applicant disclosing the nature and date of any arrest, charge, or conviction of the applicant for the violation of any law, except for motor vehicle parking violations, whether or not the violation occurred in this state, and such additional information as the department may require. (18) 'Satisfactory determination' means a written determination that a person for whom a records check was performed was found to have no criminal record. (19) 'State fingerprint records check determination' means a satisfactory or unsatisfactory determination by the department in accordance with applicable law based upon a records check comparison of GCIC information with fingerprints and other information in a records check application. (20) 'Unsatisfactory determination' means a written determination that a person for whom a records check was performed has a criminal record.

20-IA-31. (a) Each center shall be required to obtain a separate license for each facility and shall have a separate director for each facility. (b) An applicant for a new license shall apply for a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

20-1A-32. Accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and a satisfactory preliminary records check for each employee of such facility. In lieu of such records check applications, the applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director received satisfactory state and national fingerprint records check determinations and each employee received a satisfactory preliminary records check determination, or that any employee other than the director whose preliminary records check revealed a criminal record of any kind has either subsequently received satisfactory state and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. The department may either perform preliminary records checks under agreement with GCIC or contract with GCIC and appropriate law enforcement agencies which have access to GCIC information to have those agencies perform for the department a preliminary records check for each preliminary records check application submitted thereto by the department. Either the department or the appropriate law enforcemmt agencies may charge reasonable fees for performing preliminary records checks.

20-lA-33. After being furnished the required records check application under Code Section 20-1 A-32 the department shall notify in writing the license applicant as to each person for whom an application was received regarding whether the departmmf s determination as to that person s state fingerprint records check was satisfactory or unsatisfactory. Ifthe preliminary records check determination was satisfactory
as to each employee of an applicant's facility and the state fingerprint records check was satisfactory as to the director, that applicant may be issued a license for that facility if the applicant otherwise qualifies for a license under Article l of this chapter. If the state or national fingerprint records check determination
was unsatisfactory as to the director of an applicant's facility, the applicant shall
designate another director for that facility after receiving notification of the
determination and proceed under Code Section 20-1 A- 32 and this Code section to obtain state and national fingerprint records checks for that newly designated director. If the preliminary records check for any employee other than the director revealed a criminal record of any kind, such employee shall not be
allowed to work in the center until he or she either has obtained satisfactory state
and national fingerprint records check determinations or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. If the determination was unsatisfactory as to any employee of an applicant's facility, the applicant shall, after receiving notification of that determination, take such steps as are necessary so that such person is no longet
an employee. Any employee other than the director who receives a satisfac: preliminary records check shall not be required to obtain a fingerprint reco

GEORGIA LAWS 2004 SESSION

665

check unless such an employee has been designatoo as a director or as permittoo by the provisions ofsubsection (c) of Code Section 20-IA-39.

20-IA-34. The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Fooeral Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limitoo to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau s report, the department shall make a national fingerprint records determination.

20-1A-35. After receiving a Fooeral Bureau of Investigation report regarding a national fingerprint records check under Code Section 20-IA-34, the department shall make a determination basoo thereon and notify in writing the license applicant . as to whether that records check was satisfactory or unsatisfactory. If the national fingerprint records check determination was unsatisfactory as to the director of an applicant's facility, a:ft.er receiving notification of that determination, that applicant shall designate another director for such facility for which director the applicant has not receivoo or made an unsatisfactory preliminary or fingerprint records check determination and proceoo under the requirements ofCode Sections 20-1A-32 through 20-1A-34 and this Code section to obtain state and national fingerprint records check determinations for the newly designatoo director. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt ofthe national fingerprint records check determination from the department. The department may revoke the license of that facility if the facility fails to comply with the requirements ofthis Code section and Code Section 20-1A-33 to receive satisfactory state and national fingerprint determinations on the director or to comply with Code Section 20-1 A-33 regarding employees other than the director.

20-1A-36. No facility operatoo as an early care and education program or similar facility or any operator of such a facility shall employ any person who has been convictoo of or who has enteroo a plea of guilty or nolo contendere to any offense specifioo :in Code Section 16-12-1.1 or allow any such person to reside at or be domiciloo at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of 'lny such facility violating the provisions of this Code section. The powers and

666

GENERAL ACTS AND RESOLUTIONS, VOL. I

duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.

20-lA-37.
(a) Notwithstanding any other provision of this article, an individual who resides in a family day-care home, as defined by Code Section 20-lA-2, shall not be required to provide fingerprints for routine fingerprints records checks if the operator of the family day-care home provides the department with an affidavit stating that such individual is not present in the home at the same time as the
children who are received for pay for supervision and care. However, all persons residing in a family day-care home are required to obtain satisfactory preliminary records checks and submit them to the department. (b) As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees of centers and adults residing in a family day-care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee or adult residing in the family day-care home and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the center's file and available for inspection by the department. This satisfactory determination must be made before the employee begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a center's facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit.
In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the
GCIC information has been requested through an identified local laW enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the center's
facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the center's file
on the individual and available to the department for inspection. The director
shall review the GCIC infonnation upon receipt, but in no case shall an
emergency temporary employee be permitted to continue working for more than
three days without having a satisfactory detennination made by the director and
entered into the center's file on the employee with all supporting docmnentatiOIL The department shall promulgate rules and regulations limiting the extent ~ which centers are authorized to use emergency temporary employees Ill accordance with this subsection. Employees, emergency temporary employees.
and other adults required to have records checks who are utilized by centers are

GEORGIA LAWS 2004 SESSION

667

subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees.

20-1A-38. (a) If the director of a facility which has been issued a license ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notifY the department of such change and of any additional information the department may require regarding the newly designated director of that facility. Such information shall include but not be limited to any information the licensee may have regarding preliminary or any fingerprint records check determinations regarding that director. After receiving a change of director notification, the department shall make a written determination from the information furnished with such notification and the department's own records as to whether satisfactory or unsatisfactory preliminary or state and national fingerprint records check determinations have ever been made for the newly designated director. If the department determines that such director within 12 months prior thereto has had satisfactory state and national fingerprint records check determinations, such determinations shall be deemed to be satisfactory state and national fingerprint records check determinations as to that director. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified. (b) If the department determines under subsection (a) ofthis Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for . that director's facility shall be indefinitely suspended or revoked unless the center designates another director for whom it has not received or made an unsatisfactory preliminary or state or national fingerprint records check determination and proceeds pursuant to the provisions of this Code section relating to a change of director. (c) If the department determines under subsection (a) of this Code section that there have been no state and national fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notifY the center. The center shall furnish to the department the fingerprint records check application of the newly designated director after the date the notification is sent by the department or the license of that facility shall be indefinitely suspended or revoked. Ifthat fingerprint records check application is so received, unless the department has within the immediately preceding 12 months made a satisfactory state fingerprint records check determination regarding the newly designated director, the department shall perform a state fingerprint records check determination of the newly designated director, and the applicant and that director shall be so notified. Ifthat

668

GENERAL ACTS AND RESOLUTIONS, VOL. I

determination is unsatisfactory, the provisions of subsection (b) of this Code section regarding procedures aft.er notification shall apply. If that determination is satisfactory, the department shall perform a national fingerprint records check determination for that director as provided in Code Sections 20-lA-34 and 20-lA-35. The director may begin working upon the receipt of a satisfactory state fingerprint records check determination pending the receipt of the national fingerprint records check determination from the department. If that determination is satisfactory, the center and director for whom the determination was made shall be so notified after the department makes its determination, and the license for the facility at which that person is the newly designated director shall not be adversely affected by that change of director. If that determination is unsatisfactory, the provisions ofsubsection (b) ofthis Code section shall apply.

20-lA-39.
(a) Before a person may become an employee other than a director of any centaafter that center has received a license, that center shall require that person to obtain a satisfactory preliminary records check. The center shall maintain documentation in the employee s personnel file, which is available to the department upon request, which reflects that a satisfactory preliminary criminal records check was received before the employee began working with children. If the preliminary records check for any potential employee other than the director reveals a criminal record of any kind, such potential employee shall not be allowed to begin working until either such potential employee has obtained
satisfactory state and national fingerprint records check determinations or has had
the unsatisfactory preliminary or fingerprint records check determination reva-sed in accordance with Code Section 20-lA-43. If either the preliminary or state or national fingerprint records determination is unsatisfactory, the center shall, aftareceiving notification of the determination, take such steps as are necessary so that such person is no longer an employee. Any potential employee other than the director who receives a satisfactory preliminary records check determination shall not be required to obtain a fingerprint records check determination except as permitted in accordance with subsection (c) of this Code section.
(b) A license is subject to suspension or revocation and the department may
refuse to issue a license if a director or employee does not undergo the records and fingerprint checks applicable to that director or employee and receive satisfactory determinations. (c) After the issuance of a license, the department may require a fingerprint records check on any director or employee to confirm identification for records search purposes, when the department has reason to believe the employee haS 1 criminal record that renders the employee ineligible to have contact with childrlll in the center, or during the course of a child abuse investigation involving the
director or employee.
(d) No center may hire any person as an employee unless there is on file in tb_e center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of all'/

GEORGIA lAWS 2004 SESSION

669

kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proofthat an unsatisfactory determination has been reversed in accordance with Code Section 20-IA-43. (e) A director of a facility having an employee whom that director knows or should reasonably know to have a criminal record that renders the employee ineligible to have contact with children in the center shall be guilty of a misdemeanor.

20-IA-40. (a) GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records checks required under this article and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor. (b) Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other
than as authorized by this article shall be fined not more than $5,000.00,
imprisoned for not more than two years, or both.

20-IA-41. (a) Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article. (b) A center, its director, and its employees shall have no liability for defamation, invasion ofprivacy, or any other claim based upon good faith action thereby pursuant to the requirements ofthis article.

20-IA-42. The requirements of this article are supplemental to any requirements for a license imposed by Article I ofthis chapter.

20-IA-43. A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any

670

GENERAL ACTS AND RESOLUTIONS, VOL. I

party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction, provided that the hearing officer examines the circwnstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing offiCEr deems a hearing to be appropriate, he or she will also notifY at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow the prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this chapter. If objections are made, the hearing officer will take such objections into consideration in considering the case.

20-1A-44. The board is authorized to provide by regulation for the administration of this article:

SECTION2. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to
programs and protection for children, is amended by: (1) Redesignating Code Section 49-5-240, relating to definitions relative to the Georgia Child Care Council, as Code Section 20-1A-60;
(2) Redesignating Code Section 49-5-241, relating to the creation and
membership ofthe council, as Code Section 20-1A-61; (3) Redesignating Code Section 49-5-242, relating to the officers, meetingS, quorwn, and expenses ofthe council, as Code Section 20-1A-62;
(4) Redesignating Code Section 49-5-243, relating to the director of the
council, as Code Section 20-1A-63; and (5) Redesignating Code Section 49-5-244, relating to the duties ofthe council. as Code Section 20-1A-64.

SECTION 3. Code Sections 20-1A-60 through 20-1A-64 of the Official Code of Georgia
Annotated, inclusive, are designated as Article 3 of Chapter 1A of Title 20 of the
Official Code of Georgia Annotated and are amended to read as follows:

"ARTICLE 3

20-1A-60. As used in this article, the term:
( 1) 'Council' means the Georgia Child Care Cmmcil created pursuant to Code Section 20-1A-61. (2) 'Department' means the Department of Early Care and Learning.

GEORGIA LAWS 2004 SESSION

67I

(3) 'Federal act' means the Child Care and Development Block Grant Act of I990, pursuant to amendments to Chapter 8 of subtitle A of Title IV of the Omnibus Budget Reconciliation Act ofl98I (P.L. 97-35). (4) 'Lead agency' means the Department of Human Resources or any state agency designated by the Governor pursuant to the federal act and applicable regulations.

20-IA-61. (a) There is created the Georgia Child Care Council which shall consist of 20 members. Fourteen of those members shall be voting members appointed by the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (II) of this subsection. The I6 voting members shall be appointed as follows:
(I) Two members shall be representatives of local or state chambers of commerce; (2) One member shall be a representative ofthe licensed or commissioned for profit child care businesses in the state; (3) One member shall be a representative of the licensed or commissioned not fur profit child care businesses in the state; (4) One member shall be a representative from a public Pre-K provider; (5) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them shall represent the interests of children with special needs and one shall represent the interests of school age children; (6) One member shall represent registered family day-care homes; (7) One member shall represent licensed or commissioned church or synagogue day-care centers; (8) One member shall be an expert or have special academic or research responsibilities in early childhood development; (9) One member shall represent a child care resource and referral agency; (I 0) One member shall represent a Head Start organization; and (II) Two members shall represent the general public and shall be appointed by the President of the Senate and the Speaker ofthe House ofRepresentatives. At the expiration of the original three-year terms of office of members of the council, successors to such members shall be appointed as follows: seven of the members appointed by the Governor shall serve for initial terms of one year and seven of such Governor appointed members shall serve for initial terms of three years; thereafter all members appointed by the Governor shall serve for terms of three years. Successors to those members appointed by the Speaker ofthe House of Representatives and the President of the Senate shall each serve for terms of three years. The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of industry, trade, and tourism, or the designee of the State School Superintendent, the Commissioner of Labor, the

672

GENERAL ACTS AND RESOLUTIONS, VOL. I

commissioner ofhwnan resources, and the commissioner of industry, trade, and tourism, all ofwhom shall be ex officio members. (b) The ex officio members of the council shall serve while holding their state offices. (c) Vacancies in the office of any appointive member of the council shall be filled for the remainder of the unexpired term by appointment by the Governor in the same manner as the appointment to the position on the council which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next regular session of the General Assembly. (d) The Governor may remove any appointive member of the council for failure to attend meetings, neglect of duty, or incompetence. (e) Any appointive member of the council who, during such person s term of office, ceases to meet the qualifications for the original appointment or does not attend three or more successive meetings ofthe council shall forfeit such person's membership on the council. (f) Each member of the council shall take an oath of office before the Governor that he or she will faithfully perform the duties ofoffice.

20-lA-62. (a) The Governor shall annually appoint a chairperson and vice chairperson of the council to serve for one-year terms. (b) The council shall hold regular meetings at least once every calendar quartU' and may not hold more than six regular or special meetings during any calendar year. A special meeting may be called by the chairperson, the commissioner, or a majority of the members of the council. The council shall meet at such times and at such designated places in the state as it may determine. In addition to the notice of meetings required under Chapter 14 of Title SO, the council shall also provide written notice to the commissioner no later than 24 hours prior to the meeting. (c) Nine members ofthe council shall constitute a quorwn. (d) The appointive members of the council shall receive the same allowances authorized for legislative members of interim legislative committees for each day of actual attendance at official meetings of the council. Ex officio members of the council shall receive no additional compensation for their services on ~ council but shall be reimbursed for expenses incurred by them in thea' performance of their duties as members of the council in the same manner as state employees are reimbursed for expenses.

20-lA-63.
The council shall advise and make recommendations to the board and

commissioner on the following:

(I) Policy matters relating to early care and education programs;

.

(2) Planning and coordination of child care programs at the state and local

levels;

GEORGIA LAWS 2004 SESSION

673

(3) Measures to improve the quality, availability, and affordability of child care in this state; (4) Issues relating to the annual Georgia report on child care; and (5) General policy matters relating to functions performed or services provided by the department.

20-IA-64. (a) The lead agency shall:
(1) Provide to the department, under contract, an amount not less than the minimum percentage of the grant to the State of Georgia under the federal act, which must be expended for activities that are designed to provide comprehensive consumer education to parents and the public, activities that increase parental choice, and activities designed to improve the quality, availability, and affordability of child care. In addition to this minimum percentage, the lead agency shall also provide the amount of any additional funds, which exist on October 1, 2004, or which may exist in the future, which are required to be spent on activities relating to improving the quality of child care, including care for school-aged children; (2) In conjunction with the department, provide a mechanism for the planning and coordination ofchild care programs at the state and local levels; (3) Recommend to the department measures to improve the quality, availability, and affordability ofchild care in this state; (4) In conjunction with the department, inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability ofchild care; (5) In conjunction with the department, develop an annual Georgia child care plan which includes all identified revenue sources and, at a minimum, the requirements indicated in the federal act; (6) Hold one or more public hearings, with state-wide publication ofthe notice of such hearings 30 days before the date of each hearing, to provide the public with an opportunity to comment on the provision of child care services under the annual Georgia child care plan, as required by the federal act; (7) Develop reports that meet, at a minimum, the reporting requirements ofthe federal act; (8) In co~unction with the department, recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work ofthe lead agency and department and the realization ofthe Georgia child care plan to promote quality, affordable, and accessible child care fur Georgia s children; and (9) Develop a plan for application and distribution, including any necessary requests for proposals, in accordance with the Georgia child care plan, for federal block grant funds available to Georgia under the federal act. (b) The department shall, in accordance with the policies, rules, and regulations promulgated by the board:

674

GENERAL ACTS AND RESOLUTIONS, VOL. I

(1) In conjooction with the lead agency, provide a mechanism for the planning and coordination of child care programs at the state and local levels; (2) Plan and implement activities that are designed to provide comprehensive consmner education to parents and the public, activities that increase parental choice, activities designed to improve the quality, availability, and affordability of child care, and other activities which meet the requirements of the federal act; (3) Recommend to the lead agency measures to improve the quality, availability, and affordability of child care in this state; (4) In conjooction with the lead agency, inventory and monitor the disbursement and make recommendations as to the coordination of the disbursement of all state and federal funding streams that impact the supply, quality, and affordability of child care funds expended by the department; (5) Develop an annual Georgia report on child care, reporting child care statistics, and, in conjooction with the lead agency, an evaluation of the state planning process related to quality initiatives; (6) Serve as the state clearing-house for information on child care resources and statistics by working with the child care resource and referral agencies; (7) Provide child care information to corporations and businesses seeking to locate in Georgia; (8) Promote public-private sector collaboration for child care; (9) Recommend to the Governor and to the General Assembly policies, legislation, and funding that will promote the work of the department and the realization of the Georgia child care plan and to promote quality, affordable, and accessible child care for Georgia s children; (10) Promote consmner education to parents to help in the selection ofcbikl care, including the expansion of the child care resource and referral agencies; and ( 11) Develop a plan for application and distribution, including any necessary requests for proposals, in accordance with the Georgia child care plan, fur federal block grant funds available to Georgia ooder the federal act."

SECTION4. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to
buildings presenting special hazards to persons or property, is amended by strikinS
subparagraph (b)( 1}(I) in its entirety and inserting in lieu thereofthe following:
"(I) Group day-care homes and day-care centers required to be licensed or commissioned as such by the Department of Early Care and Learning and
in which at least seven children receive care. As used in this subparagraph.
the term 'group day-care home' means a day-care facility subject to licensure
by the Department of Early Care and Learning where at least seven but not
more than 12 children receive care; and the term 'day-care center' means a
day-care facility subject to licensure or issuance of a commission by~
Department ofEarly Care and Learning where more than 12 children recet'VO
care. Fire safety standards adopted by rules of the Commissioner pursuaJil

GEORGIA LAWS 2004 SESSION

675

to Code Section 25-2-4 which are applicable to group day-care homes and day-care centers shall not require staff-to-child ratios; and".

SECTIONS. code Section 42-1-12 of the Official Code of Georgia Annotated, relating to registration of sexually violent predators, is amended by striking paragraph (3) of subsection (c.l) in its entirety and inserting in lieu thereofthe following:
"(3) The Department of Human Resources shall provide, on a one-time basis, infonnation to all day-care, group day-care, and family day-care programs regulated 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. On and after October I, 2004, the Department of Early Care and Learning shall include, on a continuing basis, such information with each application for licensure, commissioning, or registration for early care and education programs."

SECTION6. Code Section 48-7-40.6 of the Official Code of Georgia Annotated, relating to tax credits for employers providing child care, is amended by striking subparagraph (a)(6)(A) in its entirety and inserting in lieu thereof the following:
'(A) The facility is licensed or commissioned by the Department of Early Care and Learning pursuant to Chapter IA ofTitle 20;'.

SECTION?. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children, is amended in Code Section 49-5-3, relating to definitions, by striking paragraphs (1), (4), (8), and (9.1) and inserting in lieu thereofthe following:
'(1) 'Child-caring institution' means any institution, society, agency, or facility, whether incorporated or not, which either primarily or incidentally provides full-time care for children through 18 years of age outside oftheir own homes, subject to such exceptions as may be provided in rules and regulations of the board.' '(4) Reserved." '(8) Reserved." "(9.1) Reserved."

SECTIONS. Said chapter is further amended in Code Section 49-5-8, relating to powers and duties of the Department of Human Resources, by striking paragraphs (6) and (7) ofsubsection (a) and inserting in lieu thereofthe following:
"(6) Regulation of child-placing agencies, child-caring institutions, and maternity homes by:
(A) Establishing rules and regulations for and providing consultation on such rules and regulations for all such agencies, institutions, and homes; and

676

GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Licensing and inspecting periodically all such agencies, institutions, and homes to ensure their adherence to established standards as prescribed by the department; (7) Adoption services, as follows: (A) Supervising the work of all child-placing agencies when fimds are made available; (B) Providing services to parents desiring to surrender children for adoption as provided for in adoption statutes; (C) Providing care or payment of maintenance costs for mothers bearing children out ofwedlock and children being considered for adoption; (D) Inquiring into the character and reputation of persons making application for the adoption ofchildren; (E) Placing children for adoption; (F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed I 00 percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; (G) Providing payment to a licensed child-placing agency which places a child with special needs who is under the jurisdiction of the department for adoption. Payment may not exceed $5,000.00 for each such adoption arranged by an agency. The board shall define the special needs child One-half of such payment shall be made at the time of placement and the remaining amount shall be paid when the adoption is finalized. If the adoption disrupts prior to finalization, the state shall be reimbursed by the child-placing agency in an amount calculated on a prorated basis based on length oftime the child was in the home and the services provided; and (H) Providing payment to an agency which recruits, educates, or trainS potential adoptive or foster parents for preparation in anticipation of adopting or fostering a special needs child. The board shall define the special needs child and set the payment amount by rule and regulation. Upon appropriate documentation of these preplacement services in a t:iJDely
manner, payments as set by the board shall be made upon enrollment of each
potential adoptive or foster parent for such services;".

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SECTION9. Said chapter is further amended in Code Section49-5-12, relating to licensing of child welfare agencies, by striking subsections (a), (b), (c), (d), (e), (f), (k), and (s)
and inserting in lieu thereof the following:
'(a) As used in this Code section, the term 'child welfare agency' means any child-caring institution, child-placing agency, or maternity home. (b) All child welfare agencies, as defined in subsection (a) of this Code section, shall be licensed or commissioned annually by the department in accordance with procedures, standards, rules, and regulations to be established by the board. TI1e board shall develop and publish rules and regulations for licensing or commissioning of child welfare agencies. Child welfare agencies electing to be commissioned rather than licensed shall operate in accordance with the same procedures, standards, rules, and regulations for licensing of child welfare agencies. A license issued to a child-placing agency shall be deemed approval of all foster family homes approved, supervised, and used by the licensed child-placing agency as a part of its work, subject to this article and rules and regulations ofthe board. (c) The department shall assist applicants or licensees or persons holding commissions in meeting rules and regulations ofthe department for child welfare agencies and, if a licensee or person holding a commission is, for any reason, denied renewal of a license or commission or if a license or commission is revoked or if any applicant for a license or commission cannot meet department rules and regulations for child welfare agencies, the department shall assist in planning the placement of children, if any, in the custody of such child welfare agency in some other licensed or commissioned child welfare agency or assist in returning them to their own homes or in making any other plans or provisions as may be necessary and advisable to meet the particular needs of the children involved. (d) Application for a license or commission shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license or commission and upon presentation by the applicant of evidence that the child welfare agency meets the rules and regulations prescribed by the department, the department shall issue such child welfare agency a license or commission for no more than one year. (e) If the department finds that any child welfare agency applicant does not meet rules and regulations prescribed by the department but is attempting to meet such rules and regulations, the department may, in its discretion, issue a ten1porary license or commission to such child welfare agency, but such temporary license or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such agency is making progress toward meeting prescribed rules and regulations of the department, the department may, in its discretion, reissue such temporary license or commission for one additional period not to exceed one year. As an alternative to a temporary license or commission, the department, in its discretion, may issue a restricted license or commission which states the restrictions on its face.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(f) The department shall refuse a license or commission upon a showing of (I) Noncompliance with the rules and regulations for child welfare agencies as adopted by the Board of Hwnan Resources which are designated in writing to the facilities as being related to children s health and safety; (2) Flagrant and continued operation of an unlicensed or uncommissioned facility in contravention ofthe law; or (3) Prior license or conunission denial or revocation within one year of application."
"(k) It shall be the duty of the department to inspect at regular intervals all
licensed or commissioned child welfare agencies within the state, including foster family homes used by such child-placing agencies. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control ofthe licensee or commissionee.' "(s) The term 'licensed child welfare agency' shall include a commissioned child welfare agency and any references in this Code to a licensed child welfare agency, including criminal, administrative, and civil provisions applicable to licensed child welfare agencies, shall include and apply to commissioned child welfare agencies unless otherwise provided in this article."

SECTION 10. Said chapter is further amended by striking paragraph (I) of Code Section 49-5-60, relating to definitions regarding en1ployees records checks for day-care centers, in its entirety and inserting in lieu thereofthe following:
"( 1) 'Center' means a child-caring institution or child-placing agency which is required to be licensed or registered under Article I of this chapter."

SECTION 11. Said chapter is further amended by striking Code Section 49-5-61, relating to the requirement of a separate license and separate director for each facility, in its entirety and inserting in lieu thereofthe following:
"49-5-61. An applicant for a new license shall have a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility."

SECTION 12. Said chapter is further amended by repealing in its entirety Code Section 49-5-65.1. relating to employment of persons who have entered pleas of guilty or nolo contendere to specified offenses, which reads as follows:
"49-5-65.1. No facility operated as a day-care center, family day-care home, group-care facility, group day-care home, or similar facility or any operator of such a facility shall employ any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 or allow any such person to reside at or be domiciled at such facility in violation of

GEORGIA lAWS 2004 SESSION

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Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article:

SECTION 13. Said chapter is further amended by striking Code Section 49-5-67, relating to fingerprint records check application for directors of existing facilities, in its entirety and inserting in lieu thereof the following:
'49-5-67. As an alternative to the requirements set out in this article pertaining to obtaining preliminary criminal records check determinations through the department for employees, foster parents, and adults residing in a foster care home, but not including directors of centers, centers may obtain GCIC information through local law enforcement agencies. The center shall be responsible for reviewing the GCIC information obtained for the potential employee, or fuster parent or other adult residing in the foster care home, and making a written determination that the individual does not have a criminal record as defined in this article. This written determination, together with all supporting documentation received from any law enforcement agency, must be maintained in the center's file and available for inspection by the department. This satisfactory determination must be made before the employee or foster parent begins any duties for the center. However, where there is an urgent need for an emergency temporary employee to work at a center's facility in order to avoid immediate noncompliance with staffing requirements, such center may utilize the applicant as an emergency temporary employee after applying for the preliminary records check through the local law enforcement agency and completing the affidavit. In such emergency situations, the director of the center must complete an affidavit, with all supporting documentation attached thereto, stating that the GCIC information has been requested through an identified local law enforcement agency and that the results were not immediately available to the center prior to assigning the employee to work with children at the center's facility in order to avoid immediate noncompliance with staffing ratios. The affidavit with supporting documentation must be maintained in the center's file on the individual and available to the department for inspection. The director shall review the GCIC information upon receipt, but in no case shall an emergency temporary employee be permitted to continue working for more than three days without having a satisfactory determination made by the director and entered into the center's file on the employee with all supporting documentation. The department shall promulgate rules and regulations limiting the extent to which centers are authorized to use emergency temporary employees in accordance with this Code section. Foster parents and adults residing in a foster care home utilized by child-placing agencies shall never be utilized as emergency temporary employees ofthe child-placing agency. Employees, emergency temporary employees, foster

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GENERAL ACTS AND RESOLUTIONS, VOL. I

parents, and other adults required to have records checks who are utilized by centers are subject to all other requirements set forth in this article. Where the department has reason to question the validity of the GCIC information or the satisfactory determination made by the center, the department may require the employee, emergency temporary employee, foster parent, or other adult to submit a preliminary criminal records check application through the department together with appropriate fees.

SECTION 14. Said chapter is further amended by striking subsection (d) ofCode Section 49-5-69. relating to employment requirements and suspension or revocation of license or criminal penalty for violations, in its entirety and inserting in lieu thereof the following:
"(d) No center may hire any person as an employee unless there is on file in the center an employment history and a satisfactory preliminary records check or, if the preliminary records check determination revealed a criminal record of any kind as to such person, either satisfactory state and satisfactory national records check determinations for that person or proofthat an unsatisfactory determination has been reversed in accordance with Code Section 49-5-73 .

SECTION 15. Said chapter is further amended by transferring to Chapter IA of Title 20 of the Official Code of Georgia Annotated the provisions of Article II of said chaptu-, relating to the Georgia Child Care Council, renumbering such article and the Code sections therein, amending such article and Code sections as indicated in Section 3 ofthis Act, and reserving Article 11 of Chapter 5 ofTitle 49 of the Official Code of Georgia Annotated.

SECTION 16.

The Official Code of Georgia Annotated is amended by striking from the following

Code sections the name "Office of School Readiness" wherever the same sball
occur and inserting in lieu thereof the name "Department of Early Care and

Learning":

(I) Code Section 20-2-320, relating to the Education Information Steerin8

Committee and identification ofdata to implement the Quality Basic Education

Program;

(2) Code Section 20-14-3, relating to membership, officers, and meetings of

the Education Coordinating Council;

(3) Code Section 20-I4-8, relating to general powers and duties of the

Education Coordinating Council;

(4) Code Section 20-14-27, relating to required reports of the Office of

Education Accountability;

..

(5) Code Section 20-14-60, relating to performance based accountabilitY

assessment program for pre-kindergarten; and

GEORGIA lAWS 2004 SESSION

681

(6) Code Section 49-5-4I, relating to persons and agencies permitted access to child abuse and deprivation records.

SECTION 17. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective October I, 2004. (b) Provisions of this Act relating to the appointment of members of the board and the commissioner of the Department of Early Care and Learning shall become effective July 1, 2004.

SECTION 18. All laws and parts oflaws in conflict with this Act are repealed.

Approved May I2, 2004.

NUISANCESAGRICULTURAL AND FOREST PRODUCTS OPERATIONS AND
SUPPORT FACIUTIES.
No. 566 (Senate Bill No. 511 ).
AN ACT
To amend Chapter I ofTitle 4I of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, so as to change certain provisions relating to treatment of agricultural facilities and operations as nuisances; to provide that certain agricultural and forest products operations and support facilities shall not be or become nuisances due to changed conditions in or around the locations ofsuch operations and facilities; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION1. Chapter 1 of Title 41 of the Official Code of Georgia Annotated, relating to general provisions relative to nuisances, is amended by striking Code Section 41-1-7, relating to treatment of agricultural facilities and operations as nuisances, and inserting in lieu thereof the following:
'41-1-7. (a) It is the declared policy of the state to conserve, protect, and encourage the development and improvement of its agricultural and forest land and facilities for the production or distribution of food and other agricultural products, including without limitation forest products. When nonagricultural land uses extend into

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GENERAL ACTS AND RESOLUTIONS, VOL. I

agricultural or agriculture-supporting industrial or commercial areas or forest
land or when there are changed conditions in or around the locality of an
agricultural facility or agricultural support facility, such operations often become the su~ject of nuisance actions. As a result, such facilities are sometimes forced to cease operations. Many others are discouraged from making investments in agricultural support facilities or farm improvements or adopting new related technology or methods. It is the purpose of this Code section to reduce losses of the state s agricultural and forest land resources by limiting the circumstances under which agricultural facilities and operations or agricultural support facilities may be deemed to be a nuisance. (b) As used in this Code section, the term:
(I) 'Agricultural area' means any land which is, or may be, legally used for an
agricultural operation under applicable zoning laws, rules, and regulations at the time of commencement of the agricultural operation of the agricultural facility at issue and throughout the first year of operation of such agricultural facility. Any land which is not subject to zoning laws, rules, and regulations at the time of commencement of an agricultural operation of an agricultural facility and throughout the first year of operation of such agricultural facility shall be deemed an 'agricultural area' for purposes ofthis Code section. (2) 'Agricultural facility' includes, but is not limited to, any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, timber, forest products, or products which are used in commercial aquaculture. Such term shall also include any farm labor camp or facilities for migrant farm workers. (3) 'Agricultural operation' means:
(A) The plowing, tilling, or preparation of soil at an agricultural facility; (B) The planting, growing, fertilizing, harvesting, or otherwise maintaining of crops as defined in Code Section 1-3-3 and also timber and trees that are grown for purposes other than for harvest and for sale; (C) The application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, timber, livestock, animals, or poultry; (D) The breeding, hatching, raising, producing, feeding, keeping,
slaughtering, or processing of livestock, hogs, equines, chickens, turkeys,
poultry or other fowl normally raised for food, mules, cattle, sheep, goats, dogs, rabbits, or similar farm animals for commercial purposes; (E) The production and keeping of honeybees, the production of honeybee products, and honeybee processing facilities; (F) The production, processing, or packaging of eggs or egg products; (G) The manufacturing offeed for poultry or livestock; (H) The rotation of crops, including without limitation timber production; (I) Commercial aquaculture;

GEORGIA lAWS 2004 SESSION

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(J) The application of existing, changed, or new technology, practices, processes, or procedures to any agricultural operation; and (K) The operation of any roadside market. (3.1) 'Agricultural support facility' means any food processing plant or forest products processing plant together with all related or ancillary activities, including trucking; provided, however, this term expressly excludes any rendering plant facility or operation. (4) 'Changed conditions' means any one or more ofthe following: (A) Any change in the use ofland in an agricultural area or in an industrial or commercial area affecting an agricultural support facility; (B) An increase in the magnitude of an existing use ofland in or around the locality of an agricultural facility or agricultural support facility and includes, but is not limited to, urban sprawl into an agricultural area or into an industrial or commercial area in or around the locality of such facility, or an increase in the number ofpersons making any such use, or an increase in the frequency of such use; or (C) The construction or location of improvements on land in or around the locality of an agricultural facility or agricultural support facility closer to such facility than those improvements located on such land at the time of commencement of the agricultural or agricultural support operation or the agricultural facility or agricultural support facility at issue and throughout the first year ofoperation of said facility. (4.1) 'Food processing plant' means a commercial operation that manufactures, packages, labels, distributes. or stores food for human consumption and does not provide food directly to a consumer. (4.2) 'Forest products processing plant' means a commercial operation that manufactures, packages, labels, distributes, or stores any forest product. (4.3) 'Rendering plant' has the meaning provided by Code Section 4-4-40. (5) 'Urban sprawl' means either ofthe following or both: (A) With regard to an agricultural area or agricultural operation:
(i) The conversion of agricultural areas from traditional agricultural use to residential use; or (ii) An increase in the number of residences in an agricultural area which increase is unrelated to the use of the agricultural area for traditional agricultural purposes. (B) With regard to an agricultural support facility: (i) The conversion of industrial or commercial areas to residential use; or (ii) An increase in the number of residences in an industrial or commercial area which increase is unrelated to the use of the industrial or commercial area for traditional industrial or commercial purposes. (c) No agricultural facility, agricultural-operation, any agricultural operation at an agricultural facility, agricultural support facility, or any operation at an agricultural support facility shall be or shall become a nuisance, either public or private, as a result of changed conditions in or around the locality of such facility or operation if the facility or operation has been in operation for one year or

684

GENERAL ACTS AND RESOLUTIONS, VOL. I

more. The provisions of this subsection shall not apply when a nuisance results from the negligent, improper, or illegal operation of any such facility or operation. (d) For purposes of this Code section, the established date of operation is the date on which an agricultural operation or agricultural support facility commenced operation. If the physical facilities of the agricultural operation or the agricultural support facility are subsequently expanded or new technology adopted, the established date of operation for each change is not a separately and independently established date of operation and the commencement of the expanded operation does not divest the agricultural operation or agricultural support facility of a previously established date ofoperation.

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 12, 2004.

STATE GOVERNMENTDEPARTMENT OF INDUSTRY,
TRADE, AND TOURISM; PROPERTY ACQUISITION; COMMERCE AND TRADE
PROJECTS.
No. 567 (Senate Bill No. 531).
AN ACT
To amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of IndustrY.
Trade, and Tourism, so as to authorize the Department of Industry, Trade, and
Tourism to acquire personal property with no mandatory requirement that the department proceed through the Department of Administrative Services; to provide for certain other procedures, conditions, qualifications, limitations, and restrictions; to provide for certain exemptions from Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; to provide that the Governor shall have the
authority to direct the Department of Industry, Trade, and Tourism to acquire real
property and construct, operate, and maintain certain projects in the development of commerce and trade; to define certain terms; to provide that the department maY

GEORGIA LAWS 2004 SESSION

685

enter into lease and rental agreements, with the approval of the State Properties coro.mission, in furtherance of such goals; to provide that the department shall not convey an estate in any such property without approval; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relating to the Department of Industry, Trade, and Tourism, is amended by striking Code Section 50-7-8, relating to additional duties
and powers ofthe board, and inserting in its place the following:
'50-7-8. The board shall also have the following duties and powers:
(1) To conduct and make such surveys and investigations, to gather and compile such information, and to make and prepare such reports, plans, and maps as may be necessary or proper effectually to discharge the duties and exercise the powers ofthe board enumerated in this article; (2) To engage in and promote and encourage research designed to further new and more extensive uses of the agricultural and natural resources or other products or resources of the state and designed to develop new products and industrial processes; (3) To study trends and developments in business, industry, and agriculture in the state and analyze such trends and developments and the reasons therefor; to study costs and other factors underlying the successful operation of businesses and industries in the state; and to make recommendations regarding circumstances promoting or hampering industrial or agricultural development; (4) To collect, compile, and publish periodically a census of business and industry in the state with the cooperation of other agencies, and to analyze and publish information relating to current conditions of business, industry, and agriculture in the state; (5) To compile, publish, and make available for distribution to interested persons the results of any and all studies, surveys, and investigations; any and all information gathered; and any and all reports made and plans and maps prepared; (6) To coordinate any of its activities, effurts, or functions with those of any other agency or agencies of the federal government, this state, other states, and local governments having duties, powers, or functions similar to those of the board, and to cooperate, counsel, and advise with such agencies; (7) To cooperate, counsel, and advise with and to encourage and promote coordination in the efforts of other organizations or groups within the state, public or private, engaged in publicizing the advantages, attractions, or resources ofthe state;

686

GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) To cooperate, cmmsel, and advise with municipal, county, regional, or other local planning agencies in the state for the purpose of promoting coordination between the state and localities as to plans, policies, development of commerce, industry, or agriculture, publicity, and other related activities and functions; (9) To receive gifts, donations, or contributions from any person, firm, or corporation in furtherance of the services, purposes, duties, responsibilities, or functions vested in the board; (1 0) To authorize the Department of Industry, Trade, and Tourism in accordance with all applicable state laws to contract and make cooperative agreements, contracts, and rental agreements with the United States govermnent; any county, municipality, or local govermnent or any combination thereof; any public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state govermnent for any of the services, purposes, duties, responsibilities, or functions vested in the board; and (II) To authorize the Department of Industry, Trade, and Tourism to participate with public and private groups, organizations, and businesses in joint advertising and promotional projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated advertising and promotional funds. In connection with such projects, the department may receive supplies, materials, equipment, services, and other personal property and intangible benefits. It may also issue licenses to others for the use of property in its custody or control, including intellectual property and other personal property, but may not become a joint owna-. In acquisitions under this subsection, the department shall be exempt from the provisions of Chapter 5 of this title. By way of illustration and not limitation, the department may allow the use of its logo in advertising and on uniforms provided by cooperating entities for wear by department employees. 1he
board shall adopt and amend its policies, regulations, rules, and procedures as
necessary to implement this provision and shall not be subject to Chapter 13 ofthis title, the 'Georgia Administrative Procedure Act,' in doing so.'

SECTION2. Said article is further amended by inserting at the end thereofthe following:
'50-7-16. (a) As used in this Code section, the term:
(I) 'Acquire' means the obtaining of a fee simple interest in real property by any method including, but not limited to, gift, purchase, condemnation, devise. court order, and exchange.
parti; (2) 'Lease' means a written iustrmuent under the terms and conditions ofwhich
one party out of its own estate grants and conveys to another party or an estate for years retaining a reversion in itself after such grant conveyance.

GEORGIA lAWS 2004 SESSION

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(3) 'Person' means any individual; general or limited partnership; joint venture; firm; private, public, or public service corporation; association; authority; fiduciary; governmental body, instrumentality, or other organization of the state; county of the state; municipal corporation of the state; political subdivision of the state; governmental subdivision of the state; and any other legal entity doing business in the state. (4) 'Project' means a facility to be used in conjunction with trade, commerce, industry, manufacturing, or tourism in the state. (5) 'Rental agreen1ent' means a written instrument the terms and conditions of which create the relationship of landlord and tenant. Under such relationship no estate passes out ofthe landlord and the tenant has only usufruct. (b) The Department oflndustry, Trade, and Tourism is authorized to acquire real property and to construct, operate, and maintain such projects as are beneficial to the development of industry, trade, and tourism and to create economic and employment opportunities in the state. The department is authorized, with the approval of the State Properties Commission, to enter into agreen1ents to lease, rent, or convey the real property of any such project with any person in order to accomplish such goals and upon such other terms and conditions as the department may determine to be necessary or convenient for such substantial public benefit and such consideration as may be determined by the department to be fair and equitable to the state under all the circumstances in accordance with the provisions of Article III, Section VI, Paragraph VI of the Constitution of Georgia, relating to gratuities. Subject to such principles, any such lease or rental agreen1ent may be for and in consideration of a mininlum of $1.00 annually for each calendar year or portion thereof paid in kind to the Office of Treasury and Fiscal Services and may arrange for the conveyance of such land for a fixed price, provided that such property be held, constructed, operated, maintained, expanded, or improved by d1e grantee and its successors and assigns consonant with the purposes ofthe project and other requirements ofthe department:

SECTION3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 12,2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

AGRICULTURE- POULTRY CONTRACTS.

No. 568 (House Bill No. 648).

AN ACT

To amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, so as to provide for the regulation of certain poultry production contracts and practices related thereto; to provide for remedies, enforcement, and penalties; to define certain terms; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTIONl. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by adding at the end thereof a new Chapter 22 to read as follows:

'CHAPTER22

2-22-I. As used in this chapter, the term:
(I) 'Contract grower or contract producer' means a producer of poultry who holds a legal interest in a contract operation and who produces poultry under a production contract at that contract operation. (2) 'Integrator or processor' means a person who owns poultry that is produced by a contract grower or contract producer or who is engaged in the business of manufacturing goods from poultry, including by slaughtering or processing poultry. (3) 'Production contract' means an agreement executed by an integrator or processor that provides for the production of poultry or the provision of management services' relating to the production ofpoultry by a contract grower or contract producer in this state.

2-22-2. (a) Any production contract entered into, extended renewed, or amended on or after tl1e effective date of this chapter shall be voidable by the contract grower or
contract producer if: (I) The contract grower or contract producer has not been afforded the opportunity to have the proposed production contract reviewed outside the
business premises of the integrator or processor or its agents by an attorney or
adviser of the contract grower s or contract producer s choosing for at least
three business days prior to execution; provided however, that this paragraph
shall not apply to the mere extension or renewal of an existing contract with no

GEORGIA lAWS 2004 SESSION

689

change in material terms from the existing contract other than the period covered thereby; (2) The contract does not quote the provisions of subsection (b) of this Code section; or (3) The contract is not signed by all parties before chicks are placed with the contract grower or contract producer. (b)( 1) Unless waived in writing by the contract grower or contract producer at the time of signing a production contract, the contract grower or contract producer shall have a right to cancel a production contract until 12:00 Midnight of the third business day after the day on which he or she signs the contract or until chicks have been placed with the contract grower or contract producer, whichever occurs first. (2) Notice of cancellation under this subsection shall be given in writing to the integrator or processor at the place of business as set forth in the production contract by certified mail or statutory overnight delivery, return receipt requested, which shall be posted before termination of the right to cancel under paragraph (1) of this subsection. Notice of such written cancellation need not include any particular words or phrases to be effective so long as it indicates the intention of the contract grower or contract producer not to be bound by the production contract.

2-22-3. Any integrator or processor shall provide to any contract grower or contract producer upon request thereby any statistical information and data used to determine compensation paid to such contract grower or contract producer under a production contract, other than a trade secret as defined by Code Section 10-1-761.

2-22-4. Any contract grower or contract producer or the designee thereof shall have the right to be present at the weighing of poultry produced by such grower or producer, be present at the weighing of feed delivered by the integrator or processor, and observe the weights and measures used to determine compensation due such grower or producer under a production contract.

2-22-5. (a) Violations ofthe provisions ofCode Section 2-22-3 or 2-22-4 shall be su~ject to the same civil remedies and in the same manner as provided by Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' for persons whose business or property has been injured or damaged as a result of an unfair or deceptive act or practice in violation of subsection (a) of Code Section 10-1-393. (b) The provisions of Code Section 2-22-3 or 2-22-4 may be enforced by the Commissioner in the same manner as provided by Part 2 of Article 15 of Chapter I of Title 10, the 'Fair Business Practices Act of 1975,' for enforcement of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

provisions of said part by the administrator of conswner affairs against a person reasonably appearing to have engaged in unfair or deceptive act or practice in violation ofsubsection (a) ofCode Section 10-1-393, and the superior courts may grant injunctive relief and impose the same civil penalties for violations of ~unctions as provided in said part."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May I2, 2004.

OCGA- DEPARTMENT, BOARD, AND COMMISSIONER OF INDUSTRY, TRADE, AND TOURISM; CHANGE NAMES.
No. 569 (House Bill No. I529).
AN ACT
To amend Chapter I of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, Chapter 9 of Title I 0 of the Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, Code Section 20-3-84 of the Official Code of Georgia Annotated, relating to the Center for Trade and Technology Transfer, Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to aquaculture development, Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries and fees of public officers and employees, Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, Code Section 49-5-24I of the Official Code of Georgia Annotated, relating to members of the Child Care Council, and Title 50 of the Official Code of Georgia Annotated. relating to state government, so as to change the name of the Department of Industry, Trade, and Tourism to the Department of Economic Development; to change the name of the Board of Industry, Trade, and Tourism to the Board of
Economic Development; to change the title of the commissioner of industry, trade.
and tourism to the commissioner of economic development; to make editorial revisions; to provide for gender neutrality; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2004 SESSION

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SECTION 1. Chapter I of Title 7 of the Official Code of Georgia Annotated, relating to financial inStitutions, is amended by striking paragraph (9) ofCode Section 7-I-745, relating to powers ofbusiness development corporations, and inserting in lieu thereof a new paragraph (9) to read as follows:
'(9) To cooperate with and avail itself of the facilities of the United States Department ofCommerce, the Department of Economic Development, and any other similar state or federal governmental agencies and to cooperate with and assist and otherwise encourage organizations in the various communities of this state in the promotion, assistance, and development of the business prosperity and economic well-being ofsuch communities or of this state or any political subdivision thereof;".

SECTION2. Said title is further amended by striking paragraph (9) of Code Section 7-1-945, relating to powers of small minority business development corporations, and inserting in lieu thereof a new paragraph (9) to read as follows:
"(9) To cooperate with and avail itself of the facilities of the United States Department ofCommerce, the Department ofEconomic Development, and any other similar state or federal governmental agencies and to cooperate with and assist and otherwise encourage organizations in the various communities of this state in the promotion, assistance, and development of small minority business and the economic well-being of such communities or ofthis state or any political subdivision thereof;".

SECTION3. Chapter 9 of Title IO ofthe Official Code of Georgia Annotated, the "Geo. L. Smith II Georgia World Congress Center Act," is amended by striking subsection (a) of Code Section I0-9-4, relating to purpose of the Geo. L. Smith II Georgia World Congress Center Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) Without limiting the generality of any provision of this chapter, the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, and operating the project, in whole or in part, directly or under contract with the Department of Economic Development or others, and engaging in such other activities as it deems appropriate to promote trade shows, conventions, and political, musical, educational, entertainment, recreational, athletic, or other events and related tourism within the state so as to promote the use of the project and the use of the industrial, agricultural, educational, historical, cultural, recreational, commercial, and natural resources of the State of Georgia by those using the project or visiting the state or who may use the project or visit the state:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION4. Said chapter is further amended by striking Code Section I 0-9-5, relating to transfer ofduties from the Department of Industry, Tourism, and Trade, and inserting in lieu thereof a new Code Section I0-9-5 to read as follows:
"I 0-9-5. The authority is authorized and directed to contract with the Department of Economic Development to exercise on behalf of the department such future responsibility in connection with the acquisition, construction, operation, management, and maintenance of the project as is now or may be vested in the department; and the Department ofEconomic Development is authorized by such contract to delegate to the authority all of its responsibilities and powers with respect to the project and to transfer to the authority any and all contracts, plans, documents, or other papers of said department relating to the pr~ject, togethtr with any and all funds heretofore or hereafter appropriated to it for the acquisition, construction, operation, management, or maintenance of the project or for all other purposes related to the project, other than appropriations made specifically for debt service purposes, as compensation to the authority undet such contract. Under contract with the Department of Economic Development, as herein authorized, the authority on behalf of the Department of Economic Development shall plan, construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage the project, as hereinabove defined, on property owned by or leased by the State of Georgia in the City of Atlanta, Georgia, the cost of any such project to be paid in full or in part from the proceeds of general obligation bonds issued by the State of Georgia as the General Assembly may authorize or from such proceeds and other funds as may be available for such purposes, including any grant from the United States of America or any agency or instrumentality thereof All actions of the authority and the Department of Economic Development, or their predecessors, heretofore taken in connection with such contractual relationship, are ratified and confirmed and shall not be affected by any provision of this chapter. Nothing herein sball affect the powers or duties of the Georgia State Financing and Investment Commission or ofthe State Properties Commission. Nothing in this Code section nor anything in any contract between the authority and the Department of Economic Development shall prevent the Department of Economic Developmt'Ot from contracting with the Georgia Building Authority for the provision of a parking facility or for any other exercise of its powers necessary or convenieot to the department:

SECTIONS. Said chapter is further amended by striking Code Section 10-9-12, relating to
acceptance of grants, contributions, and gifts of money, property, or services, and
inserting in lieu thereof a new Code Section 10-9-12 to read as follows:
"10-9-12. The authority, in addition to the moneys received from the collection of revenues. rents, and earnings derived under the provisions of this chapter or from the

GEORGIA lAWS 2004 SESSION

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Department of Economic Development, shall have authority to accept from any entity or agency of the United States, of this state, or of any county, municipality, political subdivision, or public authority and from any private individual or entity, grants, contributions, or gifts of either money or property, real or personal, tangible or intangible, or services or other things of value, in the furtherance of the purposes and powers of the authority. Incident to the acceptance of any such grant, contribution, or gift, the authority may accept and bind itself to express
terms and conditions imposed incident to the grant, contribution, or gift
governing the use and application of the money or property or the use of disposition of any property acquired therewith, provided that such term or condition is expressly accepted by the authority, is consistent with the purposes and powers of the authority under this chapter, and is not inconsistent with the Constitution or laws of this state. Any such term or condition may require the authority to hold any money or property in trust separate from other money or property of the authority and any such money or property so held shall not be subject to any claims against or liability of the authority not arising from the use or application ofthe money or property so held or the operation of the property so held or acquired therewith.

SECTION6. Said chapter is further amended by striking subsection (a) of Code Section 10-9-16.2, relating to disposition of real property not required by the authority, and inserting in lieu thereof a new subsection (a) to read as follows:
(a) 1bis Code section does not apply to any real property: (1) Held by the authority for management under Code Section 10-9-5 or contract with the Department of Economic Development pursuant to such Code section; (2) Held by the authority as lessee under lease from the Department of Economic Development; (3) Acquired by the authority with the proceeds ofrevenue bonds issued under Article 3 ofthis chapter; or (4) Acquired with the proceeds of appropriations or bonds issued by the state assigned to the authority for management.

SECTION7. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking subsection (j) of Code Section 12-2-4, relating to the powers and duties of the Department of Natural Resources, and inserting in lieu thereof a new subsection (j) to read as follows:
(j) It is the intent and purpose, in creating the Department ofNatural Resources, that the department shall confer with, cooperate with, and work in harmony with the Department of Economic Development on all new activities of the Department ofNatural Resources:

694

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTIONS. Said title is further amended by striking Code Section 12-3-640, relating to designation of official gardens and nature centers, and inserting in lieu thereof a new Code Section 12-3-640 to read as follows:
.12-3-640.
In recognition of the many beautiful and outstanding gardens and nature centers of the State of Georgia, the following gardens and nature centers and such others as may hereafter be designated by resolution of the General Assembly are designated as the official gardens and nature centers of Georgia: Atlanta Botanical Gardens in Fulton County, Barnsley Garden in Bartow CoWlty, Bullock Hall in Fulton County, Brumby Hall and Gardens in Cobb CoWlty, Callaway Gardens in Harris County, Chateau Elan in Barrow CoWlty, Chattahoochee Nature Center in Fulton County, Fernbank Forest in DeKalb County, Governor's Mansion in Fulton County, Lanier Museum of Natural History in Gwinnett County, Massee Lane Gardens of the American Camellia Society in Peach County, Rock City Gardens in Walker County, Rosalyn Carter Rose Garden at the Carter Center in Fulton County, Stone Mountain Park in Gwinnett. and DeKalb counties, Vines Botanical Gardens in Gwinnett CoWlty, William H. Reynolds Memorial Nature Reserve in Clayton County, Thomasville Rose Garden in Thomasville, Birdsong Nature Center in Thomasville, Providence Canyon State Conservation Park in Lwnpkin, Florence Marina State Park in Omaha, Oxbow Meadows Environmental Learning Center in Columbus, Columbus Riverwalk in Columbus, Founder's Park in Columbus, Columbus Museum Gardens in Columbus, LaGrange Square in LaGrange, Oak Grove Plantation and Gardens in Newnan, Pine Mountain Trail and FDR State Park nature trail in Pine Mountain, Grandmother's Garden and Pathways of Gold Park in Sharpsburg, Sprewell Bluff State Park in Thomaston, Georgia Veterans Memorial State Park in Cordele, Chatham County Garden Center and Botanical Gardens in Savannah, Bamboo Farm & Coastal Gardens in Savannah, LeConte Woodmanston National Historic Place in Midway, Athens-Area Gardens in Athens, Athens Welcome Center Garden in Athens, Founder's Memorial Gardtn in Athens, State Botanical Garden of Georgia in Athens, Fred HlUllilton Rhododendron Garden in Hiawassee, Cecil B. Day Butterfly Center in Harris County, and Elachee Nature Science Center in Gainesville. The Department of
Economic Development and other public agencies and leaders in this state are encouraged to work together to maximize advertising and other programs wbich
will permit the citizens of this state and other states and nations to learn of the beautiful gardens and nature centers ofGeorgia.'

SECTION9.
Said title is further amended by striking subsection (a) of Code Section 12~3-6!!i
relating to the composition of the Georgia Agrirama Development Authonty, inserting in lieu thereof a new subsection (a) to read as follows:

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'(a) The authority shall consist of 15 members as follows: (1) The commissioner of the Department of Natural Resources or his or her designee; (2) The president of the Georgia Farm Bureau Federation or his or her designee; (3) A member of the Public Service Commission to be appointed by the Governor; (4) The director of the Tourist Division of the Department of Economic Development; (5) The director ofthe Coastal Plains Experiment Station; (6) A member of the Chamber of Commerce of Tift County to be appointed by the board ofdirectors ofthat organization; (7) The director ofthe State Soil and Water Conservation Commission; and (8) Eight members to be appointed by the Governor, two of whom shall be residents of Tift County, and another who shall have a background in public education. The members appointed by the Governor shall be appointed for a term of four years and shall remain in office until the appointment and qualification of their successors. Appointments by the Governor to fill vacancies on the authority shall be for the unexpired term."

SECTION 10. Said title is further amended by striking subsection (b) of Code Section 12-5-331, relating to the duties and powers of the Department of Natural Resources as to the development of the state's rivers, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Such information pertinent to the development of Georgia's rivers as may be obtained by the Department of Natural Resources may be filed from time to time with the Department of Economic Development and, subject to approval of the Governor and the Secretary of State, with the Division of Archives and History."

SECTION 11. Said title is further amended by striking subsection (a) of Code Section 12-8-33, relating to the Recycling Market Development Council, and inserting in lieu thereof anew subsection (a) to read as follows:
'(a) Effective July 1, 1990, there is created a 15 member Recycling Market Development Council to be appointed as follows:
(1) Seven members appointed by the Governor representing the paper, glass, aluminwn, plastic, and ferrous and nonferrous metals industries and trade associations which are active in recycling; (2) One member who is an elected or appointed municipal official to be appointed by the Governor; (3) One member who is an elected or appointed member of a county governing authority to be appointed by the Governor; (4) One member appointed by the Speaker ofthe House of Representatives;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) One member appointed by the President ofthe Senate; and (6) One representative each from the Department of Administrative Services; the Department of Economic Development; the Department of Community Affairs; and the Department ofNatural Resources."

SECTION 12. Code Section 20-3-84 of the Official Code of Georgia Annotated, relating to the Center for Trade and Technology Transfer, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created the Center for Trade and Technology Transfer, which shall fimction as an economic assistance, information, and technical resource service center. There is also created the Board of Directors of the Center for Trade and Technology Transfer which shall be composed of II members to be appointed as follows: (I) two members to be appointed by the chancellor of the University System of Georgia; (2) two members to be appointed by the Speaker of the House of Representatives; (3) two members to be appointed by the President of the Senate; (4) three members to be appointed by the Governor; and (5) two members appointed by the commissioner of economic development. The
members of the board of directors shall serve for terms of two years and until
their respective successors are appointed and qualified. No member may serve more than two terms as a member of the board of directors. The first members ofthe board of directors shall be appointed not later than July 1, I999, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with
emerging nations, and an interest in the purposes for which the center was
created. Members of the board of directors shall not be entitled to compensation for the duties they perform as members of the board of directors. Each memb shall, however, be entitled to the same pay for per diem and expenses as are members ofthe Georgia General Assembly."

SECTION 13. Article 6 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated; relating to aquaculture development, is an1ended by striking paragraph (8) of subsection (a) of Code Section 27-4-253, relating to the Aquaculture Developmtd Commission, and inserting in lieu thereof a new paragraph (8) to read as follows:
"(8) The commissioner of economic development or his or her representative; and".

SECTION 14. Said article is further amended by striking subsection (c) of Code Section 27-4-254,
relating to the duty of ilie Aquaculture Development Commission to develop ao
aquaculture development plan, and inserting in lieu iliereof a new subsection (c) fD
read as follows:

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'(c) Staff support for the commission shall be provided by the Department of Natural Resources with assistance from the Department of Agriculture and the Department of Economic Development:

SECTION 15. Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to salaries
and fees of public officers and employees, is amended by striking subsection (b) of
code Section 45-7-7, relating to compensation and allowances of certain officials not being changed without giving public notice, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Subsection (a) of this Code section shall apply to the compensation and allowances of the commissioner of community affairs, the director of the Employees' Retirement System of Georgia, the director of the State Forestry Commission, the director of investigation of the Georgia Bureau of Investigation, the executive director of the Georgia Franchise Practices Commission, the commissioner of human resources, the commissioner of economic development, the commissioner of natural resources, the commissioner of public safety, the chancellor of the University System of Georgia, the president or executive director of the Georgia Student Finance Commission, the executive director of the State Soil and Water Conservation Commission, the executive secretary-treasurer of the Teachers Retirement System of Georgia, the commissioner of transportation, and the executive director of the State Ethics Commission.

SECTION 16. Said chapter is further amended by striking paragraph (5) of subsection (a) of Code Section 45-7-21, relating to reimbursement oftravel costs for certain officials, and instrting in lieu thereof a new paragraph (5) to read as follows:
'(5) Board of Economic Development;".

SECTION 17. Said chapter is further amended by striking Code Section 45-7-22, relating to reimbursement for relocation expenses, and inserting in lieu thereof a new Code Section 45-7-22 to read as follows:
'45-7-22. Notwithstanding any law, rule, or regulation to the contrary, a state department may reimburse an employee of state government fur expenses incurred for transportation ofhousehold goods and expenses incident to a change ofresidence from one part of the state to another as a result of an action of the state department requiring such relocation when such action is in the best interest of the department; provided, however, that the Department of Economic Development may also reimburse an employee of that department for transportation of household goods and expenses incident to a change ofresidence to a foreign country as a result of an action of that department requiring such relocation when such action is in the best interest of that department:

698

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 18. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (3) of substX:tion (a) of Code Soction 48-7-31.1, relating to conditions for allocating taxpayer's income pursuant to agreement, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) Following the commissioner s referral of the proposal to a panel composed of the commissioner of community affairs, the commissioner of economic development, and the dirtX:tor of the Office of Planning and Budget, said panel, after reviewing the proposal, certifies that:
(A) The new facility or expansion will have a significant beneficial economic efftX:t on the region for which it is planned; and (B) The benefits to the public from the new facility or expansion exceed its costs to the public:

SECTION 19. Said title is further amended by striking paragraph (2) of substX:tion (b) of Code StX:tion 48-7-40.21, relating to tax credits for existing business enterprises undergoing qualified business expansion, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) Following the conmrissioner s referral of the application to a panel composed of the commissioner of community affairs, the commissioner of tX:onomic development, and the dirtX:tor of the Office of Planning and Budget,
said panel, after reviewing the application, certifies that the expansion will
have a beneficial tX:onomic efftX:t on the region for which it is planned;'.

SECTION20. Said title is further amended by striking paragraph (2) of substX:tion (b) of Code StX:tion 48-7-40.24, relating to conditions for taking job tax credit by business enterprises, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) Following the commissioner s referral of the application to a panel composed of the commissioner of conm1unity affairs, the commissioner of oconomic development, and the dirtX:tor 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 efftX:t on the region fur which it is planned. The panel shall make its determination within 30 dayS after rtX:eipt from the commissioner of the taxpayer s application and any ntX:essary supporting documentation. Although the panel" s certification may be based upon other criteria, a projtX:t that meets the mininlum employm~
and investment requirements specified in paragraph (1) of this substX:tion ~
have a significant beneficial tX:onomic efftX:t on the region for which 1t 1S
planned if one ofthe following additional criteria is met: (A) The projtX:t will create new full-time employee jobs with average wages
that are, as determined by the Department of Labor, for all jobs fur the
county in question:

GEORGIA LAWS 2004 SESSION

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(i) Twenty percent above such average wage for projects located in tier I cmmties; (ii) Ten percent above such average wage for projects located in tier 2 COWlties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 coWlties; 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.'

SECTION21. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 48-7-40.25, relating to conditions for credit by business enterprises with existing manufacturing facilities, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of economic development, 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 (I) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one ofthe 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 determined by the Georgia Department of Labor for all jobs for the coWlty in question:
(i) Twenty percent above such average wage for projects located in tier I coWlties; (ii) Ten percent above such average wage for projects located in tier 2 coWlties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 coWlties; 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.'

700

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION22. Said title is further amended by striking subparagraph (C) of paragraph (73) of Code Section 48-8-3, relating to sales and use tax exemptions, and inserting in lieu thereof a new subparagraph (C) to read as follows:
"(C) Any person making a sale of production equipment or production services to a film producer or film production company as specified in this
paragraph shall collect the tax imposed on the sale by this article unless the
purchaser furnishes such seller with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the production equipment
or production services without paying the tax. As a condition precedent to
the issuance of the certificate, film producers and film production companies shall submit an application to the commissioner for designation as a certified film producer or certified film production company. Such application shall
not be valid without prior written approval by the Georgia Film and
Videotape Office ofthe Department of Economic Development;".

SECTION23. Code Section 49-5-241 of the Official Code of Georgia Annotated, relating to members of the Child Care Council, is amended by striking subsection (a) and inserting in lieu thereofthe following:
"(a) There is created the Georgia Child Care Council which shall consist of 19 members. Thirteen of those members shall be voting members appointed by the Governor and confirmed by the Senate, and two shall be voting members appointed as provided in paragraph (10) of this subsection. The 15 voting members shall be appointed as follows:
(I) Two members shall be representatives of local or state chambers of commerce; (2) One member shall be a representative ofthe licensed or commissioned fur profit child care businesses in the state; (3) One member shall be a representative ofthe licensed or commissioned not for profit child care businesses in the state; (4) Four members shall be consumers of child care services or persons whose children are regularly placed in child care but who have no other business connection with any child care facility or business and at least one of them
shall represent the interests of children with special needs and one shall
represent the interests of school age children; (5) One member shall represent registered family day-care homes, as defined in Code Section 49-5-3;
(6) One member shall represent licensed or commissioned church or
synagogue day-care centers; (7) One member shall be an expert or have special academic or research responsibilities in early childhood development; (8) One member shall represent a child care resource and referral agency; (9) One member shall represent a Head Start organization; and

GEORGIA LAWS 2004 SESSION

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(10) Two members shall represent the general public and shall be appointed by the President ofthe Senate and the Speaker ofthe House of Representatives. At the expiration of the original three-year terms of office of members of the council, successors to such members shall be appointed as follows: six of the members appointed by the Governor shall serve for initial terms of one year and seven of such Governor appointed members shall serve for initial terms of three years; thereafter all members appointed by the Governor shall serve for terms of three years. Successors to those members appointed by the Speaker ofthe House of Representatives and the President of the Senate shall each serve for terms of three years. The remaining four nonvoting members shall be the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of economic development, or the designee of the State School Superintendent, the Commissioner of Labor, the commissioner of human resources, and the commissioner of economic development, all of whom shall be ex officio members.

SECTION24. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (b) of Code Section 50-3-64, relating to the official historical drama, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the historic drama and to visit the State of Georgia for tourism purposes:

SECTION25. Said title is further amended by striking subsection (b) of Code Section 50-3-69, relating to the official musical theatre, and inserting in lieu thereof a new subsection (b) to read as follows:
(b) The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Jekyll Island Musical Theatre Festival and to visit the State of Georgia for tourism purposes:

SECTION26. Said title is further amended by striking subsection (b) of Code Section 50-3-74, te!ating to the official railroad museum, and inserting in lieu thereof a new ~ection (b) to read as follows:
'(b) The Department of Economic Development and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Central of Georgia Railroad Shops Complex and to visit the State of Georgia fur tourism purposes.'

702

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION27. Said title is further amended by striking subsection (b) of Code Section 50-3-77, relating to the official state transportation history museum, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Economic Development and other public agencies and
leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Southeastern Railway Museum and to visit this state for tourism purposes.

SECTION28. Said title is further amended by striking subparagraph (N) ofparagraph (1) of Code Section 50-5-31, relating to definitions relating to administrative space management, and inserting in lieu thereof a new subparagraph (N) to read as follows:
'(N) Space in buildings located on and used in direct support of any welcome center or rest station under the jurisdiction of the Tourist Division ofthe Department ofEconomic Development;".

SECTION29. Said title is further amended by striking Code Section 50-7-1, relating to the creation of the Department of Industry, Trade, and Tourism, and inserting in lieu thereof a new Code Section 50-7-1 to read as follows:
'50-7-1. There is created as a part of the executive branch of the state government the Department of Economic Development.'

SECTION 30.

Said title is further amended by striking Code Section 50-7-2, relating to the

commissioner of industry, trade, and tourism, and inserting in lieu thereof a new

Code Section 50-7-2 to read as follows:

'50-7-2.

There is created the office of commissioner of economic development, who sball

be executive officer and administrative head of the department. 1be

commissioner shall be appointed by and serve at the pleasure of the Board of Economic Development. The compensation of the commissioner shall be fix~

by the board. The commissioner shall assist the board in the performance ofrts

duties, powers, authority, and jurisdiction as the board shall provide. 1be

commissioner shall receive expenses, including mileage, as do other state officials and employees. The board is authorized to designate an ass~

commissioner and such other employees as are necessary to carry out liP'"

effectuate this chapter. to reimburse authorized

The commissioner is further personnel of the department

faourthtohreizaecdtuaanldcoesmt pionwcuerrerd~

in the pursuit of official business for all meals, taxis, parking, and the ren~ 0

automobiles when the use of such vehicles is less expensive or more efficteDl

than other commercial transportation."

GEORGIA LAWS 2004 SESSION

703

SECTION 31. Said title is further amended by striking Code Section 50-7-3, relating to the creation of the Board oflndustry, Trade, and Tourism, and inserting in lieu thereof a new Code Section 50-7-3 to read as follows:
so-7-3. (a) The department shall be under the direction and supervision of a Board of Economic Development. (b) On and after July I, 1999, the Board of Economic Development shall consist of one member from each congressional district in the state and nine additional members from the state at large. All members shall be appointed by the Governor, subject to confinnation by the Senate. The initial terms of members shall be as follows: two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2000; two members representative of congressional districts and two at-large members shall be appointed for a term ending July 1, 2001; three members representative of congressional districts and one at-large member shall be appointed for a term ending July I, 2002; two members representative of congressional districts and two at-large members shall be appointed for a term ending July I, 2003; and two members representative ofcongressional districts and two at-large members shall be appointed for a term ending July I, 2004. Thereafter, all members appointed to the board by the Governor shall be appointed for terms of five years and until their successors are appointed and qualified. In the event of a vacancy during the term of any member by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be for the remainder of the \lllexpired term of such member. (c) The first members appointed under this Code section shall be appointed for terms which begin July I, 1999. The members of the Board of Economic Development serving on April 1, 1999, shall remain in office until their successors are appointed and qualified. (d) In addition to all other powers granted to the Board of Economic Development under this chapter, the board may authorize the Department of Economic Development to enter into and carry out intergovernmental contracts and agreements for the purpose of providing financial and other assistance in carrying out projects or undertakings which will further the public purposes of development of trade, commerce, industry, and employment opportunities at the state and local levels. The board may authorize such contracts and agreements between the department and other departments, agencies, and entities of state government and may also authorize such contracts and agreements between the department and local development authorities. Any such contracts and agreements shall be awarded pursuant to criteria and procedures developed by the board. Such criteria and procedures shall be designed to effectuate those proposed contracts and agreements which will be most effective in furthering the public purpose of development of trade, commerce, industry, and employment opportunities at the state and local levels. Neither the development of such criteria nor the award of such contracts and agreements shall be subject to

704

GENERAL ACTS AND RESOLUTIONS, VOL. I

Chapter 5 of this title; Chapter 13 of this title; or Article 5 of Chapter 5 of Title 28. The board and the department may expend fimds appropriated or otherwise available to the board and the department for the public purposes described in this subsection."

SECTION32. Said title is further amended by striking paragraphs (I 0) and (II) of Code Section 50-7-8, relating to additional duties of the Board oflndustry, Trade, and Tourism, and inserting in lieu thereof new paragraphs (10) and (II) to read as follows:
'(10) To authorize the Department of Economic Development in accordance with all applicable state laws to contract and make cooperative agreements,
contracts, and rental agreements with the United States government; any county, municipality, or local government or any combination thereof; any
public or private corporation or firm; any persons whatsoever; or any public authority, agency, commission, or institution, including agencies of state government for any of the services, purposes, duties, responsibilities, or fimctions vested in the board; and (II) To authorize the Department of Economic Development to participate with public and private groups, organizations, and businesses in joint
advertising and promotional projects that promote the economic and tourist
development of the State of Georgia and make efficient use of state appropriated advertising and promotional fimds.'

SECTION 33. Said title is further amended by striking Code Section 50-7-12, relating to welcome centers, and inserting in lieu thereofa new Code Section 50-7-12 to read as follows:
"50-7 -12. (a) The Governor shall have authority to direct and provide for the construction
of welcome centers at or near tl1e point of entrance into this state of any federal
highway. The Department of Transportation may exercise the power of enrinalt
domain in acquiring fee simple title to suitable locations for the erection of such
welcome centers. Any welcome center acquired prior to April 23, I969, may be maintained and improved, regardless of whether the fee simple title therefor is in
the state. (b) It shall be the duty of the Department of Economic Development to construct, operate, and maintain the welcome centers and keep them supplied
with such information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and
commerce of this state.
(c) The Department of Economic Development, with the concurrence of the
Department of Transportation, is further authorized to install or provide for the
installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes. and other articles as determined by the Department of Economic DevelopmfJil
to be necessary or desirable for the traveling public at reasonable prices. The

GEORGIA lAWS 2004 SESSION

705

prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the Department of Economic Development. The Department of Economic Development is also authorized to provide for the sale or free distribution of articles and merchandise at the welcome centers in such manner as is deemed to be in the best interest of promoting the tourist trade in this state. (d) The Department of Economic Development, with the concurrence of the Department of Transportation, is authorized to provide for the installation and operation at welcome centers of automated teller machines and cash-dispensing machines. If so authorized, such machines shall be established, placed, and operated in accordance with applicable law. Such machines shall be placed in welcome centers upon such terms and conditions as shall be deemed by the Department of Economic Development to be in the best interest of the state and the traveling public."

SECTION34. Said title is further amended by striking Code Section 50-7-13, relating to revenue ftom vending machine sales, and inserting in lieu thereof a new Code Section 50-7-13 to read as follows:
'50-7-13. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles from vending machines at welcome centers and tourist centers shall be utilized by the Department of Economic Development to offset the cost of maintenance of all welcome centers and tourist centers and litter pickup in these areas. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles from vending machines at safety rest areas shall be utilized by the Department of Transportation to offset the cost of maintenance of all safety rest areas and litter pickup in these areas:

SECTION35. Said title is further amended by striking Code Section 50-7-14, relating to a tourist center within the vicinity of the domestic residence of a state citizen elected President, and inserting in lieu thereof a new Code Section 50-7-14 to read as fOllows:
'50-7-14. (a) The Governor shall have authority to direct and provide for the construction of a tourist center on real property owned by or which may be acquired by the state within the general vicinity or area of the domestic residence of any citizen ofthis state when such citizen has been elected President ofthe United States and the Governor determines that the number oftourists and other persons visiting the area justifies the center. (b) It shall be the duty of the Department of Economic Development to construct, operate, and maintain the tourist center and keep it supplied with such

706

GENERAL ACTS AND RESOLUTIONS, VOL. I

information, pamphlets, and other materials as will advertise and publicize the tourist attractions, natural resources, industry, history, and commerce ofthis state. (c) The Department of Economic Development is further authorized to provide space for other commercial or noncommercial projects in the center and allow the persons to sell or provide such articles or services as may be prescribed in the lease, contract, franchise, or other arrangement, as determined by the department The Department of Economic Development shall regulate the sale or free distribution of such articles, merchandise, and services by other persons at the center in the manner it deems to be in the best interest of promoting tourist trade in this state and otherwise fiuthering the purposes for which the center is created. The Department of Economic Development is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarettes, and other articles as determined by the Department of Economic Development to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department. (d) The Department of Economic Development may also enter into contracts with other state, local, or federal agencies or with other persons to assist it in construction, operation, or maintenance of the center. The department may acquire real and personal property for such purposes."

SECTION36. Said title is further amended by striking Code Section 50-7-15, relating to expenditures for meals and expenses ofpersons seeking to locate business, industry, or tourist facilities in the state, and inserting in lieu thereof a new Code Section 50-7-15 to read as follows:
50-7-15.
The Department of Economic Development, in order to make Georgia competitive with other states in securing new business, industry, and tourism. is authorized to expend available fimds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend all'/ meeting at the request of the department to discuss the location or developmeot
ofnew business, industry, or tourism within the state. All such expenditures shall
be verified by vouchers showing the date, place, purpose, and persons for whom
such expenditures were made. The state auditor shall conduct an audit of such
expenditures at least every six months."

SECTION 37.
Said title is further amended by striking Code Section 50-7-30, relating to authority
of the department with regard to marine research and industrial activities, and
inserting in lieu thereof a new Code Section 50-7-30 to read as follows:

GEORGIA lAWS 2004 SESSION

707

'50-7-30. The principal activities of the Department of Economic Development under this article are to promote participation in and arrange for the location of marine research and industrial activities. TI1e department may delegate to its officers, agents, and employees such duties as it may deem proper to carry out the purposes of this article. The department may contract with any department, board, or agency of the state, local, or federal government; the University System of Georgia or any of its component units; other public or private colleges and universities; nonprofit organizations; foundations; corporations; private business firms; and individuals as shall be consonant with the purposes ofthis article."

SECTION38. Said title is further amended by striking Code Section 50-7-40, relating to construction, operation, and improvement of the Geo. L. Smith II Georgia World Congress Center, and inserting in lieu thereof a new Code Section 50-7-40 to read as follows:
'50-7-40. The Department of Economic Development is authorized to acquire, construct, operate, maintain, expand, and improve a project as such term is defined in paragraph (3) of Code Section 10-9-3, including each of the facilities described in such paragraph, for the purpose of promoting trade, commerce, industry, and employment opportunities within this state for the public good and general welfare and, without limitation of the foregoing, with the approval of the State Properties Commission, to acquire land for such purposes."

SECTION39. Said title is further amended by striking paragraph (1) of Code Section 50-7-50, relating to definitions concerning the Georgia International and Maritime Trade Center, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(1) 'Department' means the Department of Economic Development."

SECTION40. Said title is further amended by striking subsection (a) of Code Section 50-8-193, relating to state agencies encouraged to give certified projects priority in licensing and processing grants and loans, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The Department of Community Affairs shall certifY that a project has received a certificate of compliance as a REAP to the Department of Natural Resources; the Department of Economic Development; the Department of Transportation; the Department of Revenue; the Department of Labor; the Georgia Environmental Facilities Autl1ority; and any other state department, agency, or instrunlentality which requests such certification. All state agencies, departments, and instrunlentalities are encouraged to give priority in their permitting and licensing and in the processing of grants and loans to local governments for projects which have received a certification.'

708

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 41. Said title is further amended by striking subsection (a) of Code Section 50-10-3, relating to the creation of the Georgia Development Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) There is created a body corporate and politic to be known as the Georgia Development Authority which shall be deemed an instrumentality ofthe state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of this state. The authority shall consist of seven members: the Commissioner of Agriculture, ex officio, who shall be chairperson of the authority; the state auditor, ex officio; the commissioner of economic development, ex officio; two members of the public appointed by the Governor; and two members representing the interests of agriculture appointed by the Governor. Appointed members shall serve fur
terms of office of four years and until their successors are appointed and
qualified. The authority shall be deemed to be the successor in law and interest to the Georgia Development Authority created by the General Assembly in Ga L. 1960, p. 764, as amended by Ga. L. 1983, p. 1026."

SECTION42. Said title is further amended by striking subsection (a) of Code Section 50-23-3,
relating to the creation of the Georgia Environmental Facilities Authority, and
inserting in lieu thereof a new subsection (a) to read as follows: "(a) There is created a body corporate and politic to be known as the Georgia Environmental Facilities Authority which shall be deemed an instrumentality of the state and a public corporation; and by that name, style, and title such body may contract and be contracted with and bring and defend actions in all courts of
this state. The authority shall consist of 11 members: the commissioner of
community affairs, ex officio; the state auditor, ex officio; the commissioner of economic development, ex officio; and eight members to be appointed by the. Governor. Three members shall be municipal officials, three members shall be county officials, and two members shall be at large. Any municipal or county official shall serve only so long as such official remains in office as a municipal
or county official. The Governor shall appoint one municipal official, one couni:Y official, and one at-large member to serve until July 1, 1989; and shall appoint two municipal officials, two county officials, and one at-large member of the
authority to serve until July 1, 1990. After the expiration of these terms, the
terms of all succeeding members shall be for four years."

SECTION 43. Said title is further amended by striking subsection (b) of Code Section 50-34-3 relating to the creation of the OneGeorgia Authority, and inserting in lieu thetet> a new subsection (b) to read as follows:
"(b) The authority shall consist of the Governor, who shall serve as chair of~
authority; the lieutenant Governor, who shall serve as vice chair ofthe authoritr. the director of the Office of Planning and Budget, who shall serve as seer~

GEORGIA l.AWS 2004 SESSION

709

of the authority; the commissioner of community affairs; the commissioner of economic development; and the commissioner ofrevenue."

SECTION 44.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 12, 2004.

COURTS -CRIMINAL PROCEDURE- DUI PENALTIES;
MEMORIAL SIGNS.
No. 570 (House Bill No. 20).
AN ACT
To amend Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, so as to increase said penalty; to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to change certain provisions relating to persons eligible for awards; to change certain provisions relating to victim compensation awards, required findings, amounts of awards, rejection of claims, reductions, exemptions from garnishment and execution, exemption from treatment as ordinary income, effective date of awards, and psychological counseling for relatives of deceased victims; to provide for compensation in the form of a memorial sign for victims of homicide by vehicle caused by violations ofCode Section 40-6-3 91; to provide legislative declarations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly declares that this Act is enacted pursuant to the provisions ofArticle III, Section VI, Paragraph VI(f) ofthe Constitution.
SECTION2. Code Section 15-21-112 of the Official Code of Georgia Annotated, relating to additional penalty for violation of Code Section 40-6-391, is amended by striking subsection (a) and inserting in lieu thereof the following:
"(a) In every case in which any state court; probate court; juvenile court; municipal court, whether known as mayor s, recorder's, or police court; or superior court in this state shall impose a fine, which shall be construed to include costs. for a violation of Code Section 40-6-3 91, relating to driving under

710

GENERAL ACTS AND RESOLUTIONS, VOL. I

the influence of alcohol or drugs, or a violation of an ordinance of a political subdivision of this state which has adopted by reference Code Section 40-6-391 pursuant to Article 14 of Chapter 6 of Title 40, there shall be imposed as an additional penalty a smn equal to the lesser of$26.00 or 11 percent ofthe original fine."

SECTION3. Chapter 15 of Title 17 ofthe Official Code of Georgia Annotated, relating to victim compensation, is amended in subsection (a) of Code Section 17-15-7, relating to persons eligible for awards, by inserting a new paragraph (2.1) to read as follows:
"(2.1) For purposes of an award under subsection (k) ofCode Section 17-15-8, any member of the innnediate family of a victim ofhomicide by vehicle caused by a violation of Code Section 40-6-391 ;"

SECTION4.

Said chapter is further amended in Code Section 17-15-8, relating to victim

compensation awards, required findings, amounts of awards, r~jection of claims,

reductions, exemptions from garnishment and execution, exemption from treatment

as ordinary income, effective date of awards, and psychological counseling fot

relatives of deceased victims, by adding a new subsection (k) to read as follows:

"(k)(l) In addition to any other award authorized by this Code section, in any

case where a deceased was a victim of homicide by vehicle caused by Ill

violation of Code Section 40-6-391 on any road which is part of the stater

highway system, upon request of the next of kin of the deceased an award o

compensation in the form of a memorial sign erected by the Department of

Transportation as provided by this subsection shall be paid to an eligible

claimant.

(2) The provisions of paragraph (4) of subsection (a) ofthis Code section shall

not apply for purposes of eligibility for awards made under this subsection, and

the value of any award paid to a claimant under this subsection shall not apply

toward or be subject to any limitation on award amounts paid to any claima111

under other provisions of this Code section.

(3) The Department ofTransportation, upon receiving payment for the cost of

materials and labor from the board, shall upon request of the next of kin ofthe

deceased erect a sign memorializing the deceased on the right of way of such
public highway at the location of the accident or as near thereto as safely and

reasonably possible and shall maintain such sign for a period of five years frolll

the date the sign is erected unless its earlier removal is requested in writing by

the next ofkin. Such sign shall be 24 inches wide by 36 inches high and depict

a map of the State of Georgia, with a dark blue background and a black outline

of the state boundaries. A border of white stars shall be placed on the msido:

of the state boundaries, and the sign shall contain the words 'In Memory of

(name), DUI Victim (date of accident).'

.

(4) In the event of multiple such claims arising out of a single motor vehicle

accident, the names of all deceased victims for whom such claims are tnade

GEORGIA LAWS 2004 SESSION

711

and for whom a request has been made by the next ofkin of the deceased may be placed on one such sign or, if necessary, on one such sign and a plaque beneath of the same color as the sign. In the event of multiple claims relating to the same deceased victim, no more than one such sign shall be paid for and erected for such victim."

SECTION 5.
All laws and parts oflaws in conflict with tins Act are repealed.

Approved May 13, 2004.

CONSERVATION- STATE GOVERNMENT- COMPREHENSIVE STATE-WIDE WATER MANAGEMENT.
No. 571 (House Bill No. 237).
AN ACT
To amend Chapter 5 ofTitle 12 of the Official Code of Georgia Annotated, relating
to water resources, so as to enact the "Comprehensive State-wide Water
Management Planning Act"; to provide legislative findings and declarations; to change certain provisions relating to river basin management plans; to provide for definitions; to require the development of a state-wide water management plan; to provide for principles on which such plan shall be based; to require all water withdrawal permit decisions to be made in accordance with such plan; to provide fur effect of noncompliance with such plan; to provide for a Water Council and for
its composition and duties; to provide procedures for plan development, adoption, and revision; to provide for related matters; to amend Code Section 50-13-4 of the
Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules1 emergency rules, linlltations on actions to contest rules, and legislative override, so as to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and declares that:
(1) A comprehensive state-wide water management plan for tills state is needed and should be developed by the Environmental Protection Division of the Department ofNatural Resources;

7I2

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Such plan should support a structured, yet flexible, approach to regional water planning and provide guidance and incentives for regional and local water planning efforts; and (3) Regional water planning efforts of the Environmental Protection Division should be coordinated with and not supplant the existing efforts of all state agencies.

SECTION2. Chapter 5 ofTitle I2 of the Official Code of Georgia Annotated, relating to water resources, is amended by striking Article 8, relating to river basin managemwt plans, and inserting in lieu thereof the following:

'ARTICLE 8 I2-5-520. This article shall be known and may be cited as the 'Comprehensive State-wide Water Management Planning Act.'

I2-5-521. As used in this article, the term:
(I) 'Director' means the director of the Environmental Protection Division of the Department ofNatural Resources. (2) 'Division' means the Environmental Protection Division ofthe DepartmeDt ofNatural Resources.

I2-5-522. (a) The division shall develop and propose a comprehensive state-wide water. management plan not inconsistent with this chapter and in accordance with the: following policy statement: 'Georgia manages water resources in a sustainable manner to support the state s economy, to protect public health and natural systems, and to enhance the quality oflife for all citizens.' (b) The following principles shall guide the work of the division in developing a comprehensive state-wide water management plan:
(I) Effective water resources management protects public health and the safety and welfare of Georgia's citizens; (2) Water resources are to be managed in a sustainable manner so that current and future generations have access to adequate supplies of quality water that support both human needs and natural systems; (3) All citizens have a stewardship responsibility to conserve and protect the water resources ofGeorgia; (4) Water resources management efforts must have a sound scientific foundation and recognize that economic prosperity and environmental quality are interdependent; (5) Water quality and quantity and surface and ground water are interrelated and require integrated planning as well as reasonable and efficient use;

GEORGIA lAWS 2004 SESSION

713

(6) A comprehensive and accessible data base must be developed to provide sound scientific and economic information upon which effective water resources management decisions can be based; (7) Water resources management encourages local and regional innovation, implementation, adaptability, and responsibility for watershed and river basin management; (8) Sound water resources management involves meaningful participation, coordination, and cooperation among interested and affected stakeholders and citizens as well as all levels of governmental and other entities managing or utilizing water; and (9) Periodic revisions of the comprehensive state-wide water management plan may be required to accommodate new scientific and policy insights as well as changing social, economic, cultural, and environmental factors. (c) The proposed comprehensive state-wide water management plan shall set forth state-wide water policies not inconsistent with this chapter which shall guide river basin and aquifer management plans, regional water planning efforts, and local water plans. (d) The proposed comprehensive state-wide water management plan may include a process for creating draft river basin management plans and draft ground-water management plans and how such plans are finalized and revised, including how the public may participate in the creation and revision of such plans. (e) The division shall make all water withdrawal permitting decisions in accordance with this chapter and the comprehensive state-wide water management plan that has been approved or enacted by the General Assembly as provided by this article. Any political subdivision or local water authority that is not in compliance with the plan shall be ineligible for state grants or loans for water projects, except for those projects designed to bring such political subdivision or local water authority into compliance with the plan.

12-5-523. (a) The division shall work in cooperation, coordination, and communication with the Water Council created by Code Section 12-5-524 and any other state, local, regional, or federal agency as appropriate to develop a comprehensive state-wide water management plan. (b) The division shall solicit extensive stakeholder involvement in the development of the proposed plan. Such stakeholders shall include, without limitation, other state agencies, nonprofit advocacy organizations, business organizations, local government entities and associations of local government entities, and regional development centers. (c) The division shall submit a draft initial comprehensive state-wide water management plan to the Water Council for review no later than July 1, 2007.

12-5-524. (a) There shall be a coordinating committee called the 'Water Council' composed of one member appointed by the Speaker of the House of Representatives who

714

GENERAL ACTS AND RESOLUTIONS, VOL. I

shall not be a member of the General Assembly and who shall serve for a term of four years and W1til a successor is appointed and qualified; one member appointed by the President Pro Tempore ofthe Senate who shall not be a member of the General Assembly and who shall serve for a term of four years and until a successor is appointed and qualified; and the following state officials who shall serve ex officio as members of the committee: the director of the division, the commissioner of natural resources, the executive director of the State Soil and Water Conservation Commission, the commissioner of community affairs, the commissioner of human resources, the Commissioner of Agriculture, the director of the Georgia Forestry Commission, and the executive director of the Georgia Environmental Facilities Authority. In addition, the chairperson of the Senate Natural Resources and the Environment Committee, ex officio, and one additional member of that committee to be selected by its chairperson and the chairperson of the House Committee on Natural Resources and Environment, ex officio, and one additional member of that committee to be selected by its chairperson shall each serve in an advisory capacity. Any vacancy among the two appointed members of the Water Com1cil who are not members of the General Assembly other than for expiration of term shall be filled in the same manner as the original appointment for the Wlexpired term. The director shall serve as chairperson ofthe Water CoWlcil. (b) The Water CoWlcil shall:
( 1) Ensure coordination, cooperation, and communication among state agencies and their water related efforts in the development of a comprehensive state-wide water management plan; (2) Provide input to the division concerning the development of a comprehensive state-wide water management plan; (3) Review, modifY if necessary, and approve the final draft of the proposed comprehensive state-wide water management plan; and (4) Recommend such initial proposed plan for consideration by the General Assembly not later than the first day of the regular session of the General Assembly next occurring after such completion but not later than the first day of the 2008 regular session ofthe General Assembly.

12-5-525. (a)( I)(A) No comprehensive state-wide water management plan submitted by the Water CoWlcil pursuant to this article shall have any force or effect Wlless approved by the General Assembly by means of the adoption of.a joint resolution ratifYing such plan, except as otherwise provided by thiS subsection. Upon the loss of any such resolution, the Water Council JJJZ/ submit successive alternate plans to the General Assembly not later than the twentieth day ofthe session for approval during such session. (B) Subject to the same development process as provided by subsections (a) and (b) of Code Section 12-5-523 and review, modification ifnecessliiY1 and approval by the Water Council in the same manner provided by subsection (b) of Code Section 12-5-524, the division may subsequently

GEORGIA LAWS 2004 SESSION

715

propose to amend or repeal a plan approved under subparagraph (A) ofthis paragraph; but no such proposed amendment or repeal shall become effective unless an initial version thereof is submitted to the General Assembly not later than the first day of a session and the amendment or repeal is approved by the General Assembly in the same manner as provided by subparagraph (A) ofthis paragraph. (2) In lieu of approving a comprehensive state-wide water management plan in accordance with subparagraph (A) of paragraph (1) of this subsection, the General Assembly may enact a statutory comprehensive state-wide water management plan.
(3) If:
(A) The General Assembly fails to approve a comprehensive state-wide water management plan in accordance with subparagraph (A) of paragraph (1) of this subsection during the session in which such a proposed plan was timely presented by the Water Council to the General Assembly for approval; and (B) A statutory comprehensive state-wide water management plan provided by an Act of the General Assembly that expressly supercedes any and all comprehensive state-wide water management plans submitted by the Water Council to the General Assembly for approval does not become law on or before July 1 next occurring after the session in which such a proposed plan was timely submitted by the Water Council to the General Assembly for approval, then the comprehensive state-wide water management plan submitted latest in time but not later than the twentieth day of the session by the Water Council to the General Assembly shall become of full force and effect without the approval of the General Assembly on July 1 next occurring after the session in which such proposed plan was timely presented to the General Assembly for approval. (b) If at any time after a comprehensive state-wide water management plan has become effective under subsection (a) of this Code section and between the adjournment sine die of a regular session of the General Assembly and prior to the convening date of the next regular session of the General Assembly the director finds that there is an actual or impending emergency or disaster of natural or human origin or a public health emergency within or affecting the state and that strict compliance with any provision or provisions of such plan presents an innninent peril to the public health, safety, or welfare and states in writing his or her reasons for those findings, the Water Council may approve a temporary waiver of such provision or provisions but only to the extent necessary to alleviate the peril. Such waiver shall be effective upon such approval by the Water Council and for not longer than the duration of the emergency or until the twentieth legislative day of the next regular session of the General Assembly, whichever first occurs. (c) After a comprehensive state-wide water management plan becomes effective pursuant to subsection (a) of this Code section, the division shall review such

716

GENERAL ACTS AND RESOLUTIONS, VOL. I

plan in its current form not later than July 1, 2010, and at least every three years thereafter, for purposes of determining whether revision of such plan is necessary or appropriate for recommendation:

SECTION3. Code Section 50-13-4 of the Official Code of Georgia Annotated, relating to procedural requirements for adoption, amendment, or repeal of rules, emergency rules, limitations on actions to contest rules, and legislative override, is amended by adding a new subsection to read as follows:
'(i) This Code section shall not apply to any comprehensive state-wide water management plan or revision thereof prepared by the Environmental Protection Division of the Department of Natural Resources and proposed, adopted, amended, or repealed pursuant to Article 8 of Chapter 5 ofTitle 12:

SECTION4. This Act shall become effective upon its approval by the Governor or upon its bec!lming law without such approval.

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

Approved May 13,2004.

MOTOR VEHICLES- CHILD PASSENGER RESTRAINTS;
SAFETY BELTS.
No. 572 {House Bill No. 217).
AN ACT
To amend Part 4 of Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle horns, exhaust systems, mirrors. windshields, tires, safety belts, and energy absorption systems, so as to require the use of certain child passenger restraints in motor vehicles; to change certain provisions relating to safety belts required as equipment and safety restraints for
children four years of age or younger; to change certain provisions relating to use
of safety belts in passenger vehicles; to provide for the implementation o~ 8 program to inform parents ofthe requirements and provisions ofthis Act; to provtde 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:

GEORGIA lAWS 2004 SESSION

7I7

SECTION 1. part 4 of Article I of Chapter 8 of Title 40 of the Official Code of Georgia AJ1IlOtated, relating to motor vehicle horns, exhaust systems, mirrors, windshields, tires, safety belts, and energy absorption systems, is amended by striking Code section 40-8-7 6, relating to safety belts required as equipment and safety restraints tor children four years of age or younger, and inserting in lieu thereof the following:
'40-8-76. (a) No new private passenger automobile manufactured after January I, I9 64, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer.
(b)(1) Every driver who transports a child under six years of age in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 33-34-5.1 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the proper restraint of such child in a child passenger restraining system appropriate for such child" s height and weight and approved by the United States Department of Transportation under provisions of Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983, or at the time ofmanufacture, subject to the following specific requirements and exceptions:
(A) Any such child weighing at least 40 pounds may be secured by a lap belt when:
(i) The vehicle is not equipped with both lap and shoulder belts; or (ii) Not including the driver's seat, the vehicle is equipped with one or more lap and shoulder belts that are all being used to properly restrain other children; (B) Any such child shall be properly restrained in a rear seat of the motor vehicle consistent with the requirements ofthis paragraph. Ifthe vehicle has no rear seating position appropriate for correctly restraining a child or all appropriate rear seating positions are occupied by other children, any such child may be properly restrained in a front seat consistent with the requirements ofthis paragraph; (C) A driver shall not be deemed to be complying with the provisions ofthis paragraph unless any child passenger restraining system required by this paragraph is installed and being used in accordance with the manufacturer's directions for such system; and (D) The provisions of this paragraph shall not apply when the child's parent or guardian either obtains a physician's written statement that a physical or medical condition of the child prevents placing or restraining him or her in the manner required by this paragraph. If the parent or guardian can show the child's height is over 4 feet and 9 inches, such child shall be restrained in a safety belt as required in Code Section40-8-76.1.

718

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00, except in the case of a child who is five years of age, if the defendant shows to the court having jurisdiction of the case that a child passenger restraining system meeting the applicable requirements of this subsection has been purchased by him or hCl' after the time of the offense and prior to the court appearance, the court may waive or suspend the fine for such first conviction. This exception shall apply until January I, 2005. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $1 00.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases annually to the Department of Public Safety for the sole purpose of data collection on a county by county basis. (c) Violation of this Code section shall not constitute negligence per senor contributory negligence per se. Violation of subsection (b) of this Code section shall not be the basis for cancellation of coverage or increase in insurance rates. (d) The provisions of this Code section shall not apply to buses, as defined in paragraph (7) of Code Section 40-1-1, used in the transport of children over four years of age until July I, 2007, provided that the bus is operated by a licensed or commissioned child care facility, has a current annual transportation safety inspection certificate as required by the appropriate licensing body, and has evidence of being inspected for use by a child care facility. If the bus is not a school bus, as defined in paragraph (55) of Code Section 40-1-1, or a multifimction school activities bus, as defined in 49 CFR 571.3(B), each child over four years of age and under six years of age shall be properly restrained by a safety belt. Multifimction school activities buses, as defined in 49 CFR 571.3(B), shall not be required to transport children five years of age in a child passenger restraining system."

SECTION2. Said part is further amended by striking Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, and inserting in lieu thereof the following:
"40-8-76.1. (a) As used in this Code section, the term 'passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term 'passenger vehicle includes any sport utility vehicle and also includes pickup trucks for an) occupant who is under 18 years of age. (b) Each occupant of the front seat of a passenger vehicle shall, while s~ passenger vehicle is being operated on a public road, street, or highway of thiS state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. (c) The requirement of subsection (b) ofthis Code section shall not apply to:

GEORGIA LAWS 2004 SESSION

719

(1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour; (2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt; (3) A driver or passenger possessing an official certificate or license endorsement issued by tl1e appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt; (4) A driver operating a passenger vehicle in reverse; (5) A passenger vehicle with a model year prior to 1965; (6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law; (7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier; (8) A passenger vehicle from which a person is delivering newspapers; or (9) A passenger vehicle performing an emergency service. (d) The failure of an occupant of a motor vehicle to wear a seat safety belt in any seat of a motor vehicle which has a seat safety belt or belts shall not be considered evidence ofnegligence or causation, shall not otherwise be considered by the finder of fact on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not be evidence used to diminish any recovery for danlages arising out of the ownership, maintenance, occupancy, or operation of a motor vehicle. (e)(l) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes ofCode Section 40-5-57. (2) A person failing to comply with the requirements of subsection (b) ofthis Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereo( may be fined not more than $15.00; but, the provisions of Chapter 11 of Title 17 and any other provision of law to the contrary notwithstanding, the costs of such prosecution shall not be taxed nor shall any additional penalty, fee, or surcharge to a fine for such offense be assessed against a person for conviction thereof The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Motor Vehicle Safety. (3) Each minor six years of age or older who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger six years of age or older fails to comply with the requirements ofthis

720

GENERAL ACTS AND RESOLUTIONS, VOL. I

paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a seat safety belt on a minor and, upon conviction thereo( may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court. disposition of the case of failure to secure a seat safety belt on a minor to the Department of Motor Vehicle Safety. (1) Probable cause for violation of this Code section shall be based solely upon a law enforcement officer s clear and unobstructed view of a person not restrained as required by this Code section. Noncompliance with the restraint requirements ofthis Code section shall not constitute probable cause for violation of any other Code section."

SECTION3. It shall be the duty of the Governor s Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the provisions of subsection (b) of Code Section 40-8-76 and paragraph (3) of subsection (e) of Code Section 40-8-76.1 as amended by this Act. Such program shall be carried out prior to January I, 2005. The Governor"s Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patro~ Department of Motor Vehicle Safety, Georgia Sheriffs Association, Georgia Association of Chiefs of Police, Incorporated, Peace Officers Association of Georgia, Medical College of Georgia, Georgia Hospital Association, Georgia Association of Educators, Professional Association of Georgia Educators, Georgia Parent-Teacher Association, and other appropriate organizations in educating the
citizens of the state and in implementing, coordinating, and carrying out such
provisions.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

PROFESSIONS- DENTISTS; DENTAL HYGIENISTS; PRACTICE; LICENSURE.
No. 573 (House Bill No. II4I).
AN ACT
To amend Chapter II of Title 43 of the Official Code of Georgia Anno~
relating to dentists and dental hygienists, so as to revise certain definitions; to reviSO certain provisions relating to acts which constitute the practice of dentistrY; to revise certain provisions relating to conscious sedation; to provide for an additional

GEORGIA LAWS 2004 SESSION

721

01eans to receive a license to practice dentistry; to provide for criminal backgroWid checks for applicants for a license to practice dentistry; to establish requirements and procedures to obtain a provisional license to practice dentistry based on credentials; to provide for an additional means to receive a teacher s license for dentists and dental hygienists; to designate the practice of dentistry Wider another s license as a felony and to establish penalties for such; to revise certain provisions relating to the "Georgia VolWiteers in Dentistry Act"; to revise certain provisions relating to clinical examinations for dental hygienists; to provide for criminal background checks for applicants for a license to practice dental hygiene; to establish requirements and procedures to obtain a license to practice dental hygiene based on credentials; to revise certain provisions relating to sanctioning licenses of dental hygienists; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by striking paragraphs (4), (6), and (7) of Code Section 43-11-1, relating to definitions, and inserting in lieu thereof, respectively, the following:
'(4) 'Conscious sedation' means a minimally depressed level of consciousness that retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physical stimulation or verbal command and that is produced by a pharmacological or nonpharmacological method or combination thereof A patient whose only response is reflex withdrawal from repeated painful stimuli shall not be considered to be in a state of conscious sedation. The use of nitrous oxide is not considered conscious sedation for purposes ofthis chapter." '(6) 'General anesthesia' means an induced state of depressed consciousness, or an induced state of unconsciousness, accompanied by partial or complete loss of protective reflexes, including the inability to continually and independently maintain an airway and respond purposefully to physical stimulation or verbal command, and produced by a pharmacological or nonpharmacological method or combination thereof. For purposes of this chapter, 'general anesthesia' includes deep sedation. (7) 'Instructor' means either a dentist or a dental hygienist whom the state board has granted a teacher s or instructor's license pursuant to Code Section 43-11-42."

SECTION2. Said chapter is further amended by striking paragraph (6) of subsection (a) of Code Section 43-11-17, relating to acts which constitute the practice of dentistry, and inserting in lieu thereofthe following:
'(6) Supplies, makes, fits, repairs, adjusts, or relines, directly for or to an ultimate user of the product in the State of Georgia, any appliance, cap,

722

GENERAL ACTS AND RESOLUTIONS, VOL. I

covering, prosthesis, or cosmetic covering, as defined by rules and regulations established by the board, usable on or as human teeth unless such provision, production, fit, repair, adjustment, or reline of such product is ordered by and returned to a licensed dentist or unless such product is used solely for theatrical purposes as defined by rules and regulations established by the board;'.

SECTION3.

Said chapter is further amended by striking Code Section 43-11-21, relating to

conscious sedation, in its entirety and inserting in lieu thereofthe following:

'43-11-21.

(a) No dentist licensed and practicing in the State of Georgia shall administ

either single or multiple pharmacologic agents by oral, parenteral, enteral,

transdermal, or transmucosal route that renders a patient to a state of conscious

sedation as defined in Code Section 43-11-1, unless such dentist has been issued

a permit by the board under the conditions specified therefor in this Code section.

The dentist shall ensure that the pharmacologic agents and methods used to

administer such agents shall include a margin of safety so that loss of

consciousness of the patient is unlikely. This Code section shall not restrict the

use of nitrous oxide or pharmacological agents that do not render a patient to a

state of conscious sedation. Such permit shall be subject to biennial renewal at

the time the dentist is required to renew that dentist" s license to practice dentistry.

It shall be the responsibility of the dentist to provide such information as the

board may require and to pay the separate initial issuance and renewal fees fur

the permit as may be established by the board.

(b) No dentist shall be issued a permit under this Code section unless the board

has received satisfactory evidence that such dentist:

(I) Has received formal training in the use of conscious sedation at an

institution accredited by the Commission on Dental Accreditation of the

American Dental Association (ADA), its successor agency, or other board

approved organization and is certified by such organization as competent in the

administration of pharmacologic agents for conscious sedation and the

handling of emergencies relating to conscious sedation. Such certification shall

specify the type, number of hours, and length of training. The minimum didactic hours, patient contact hours, and number of patients sedated und

supervision shall be established by rule or regulation ofthe board;

(2) Utilizes a properly equipped facility for the administration of conscioUS

sedation, including physical plant and equipment, which has been evaluated

and certified by an on-site examination; and

(3) Has demonstrated to the satisfaction of the board or any designee thereof proficiency in administering sedative techniques in the dentist's office on 8

patient or patients in a safe and effective manner.

.

(c) In enforcing the provisions of this Code section, the board is authorized tb

designate qualified persons to perform the on-site examinations and is furthC'J!

authorized to provide by rule or regulation for standards for physical plant.

equipment, and personnel to be utilized in the induction of conscious sedation.

GEORGIA lAWS 2004 SESSION

723

(d) The board or its appointed designee may, upon reasonable notice, make on-site inspections of the facility, equipment, and personnel of a dentist issued a permit under this Code section to determine if the standards of paragraph (2) ofsubsection (b) ofthis Code section are being maintained.
(e)(1) The board may, upon proper application, grant a provisional permit to administer conscious sedation to any dentist who meets the requirements of paragraph (1) of subsection (b) ofthis Code section. (2) A provisional permit issued under this subsection shall expire six months after its issuance or upon the board s determination by site visit that the requirements ofparagraph (2) or (3) of subsection (b) ofthis Code section have not been met, whichever occurs earlier. The provisional permit may be renewed once, at the discretion of the board, for a period not to exceed six months following the original expiration date. (f) A dentist holding a current, valid permit to administer general anesthesia as provided in this chapter shall not be required to obtain a permit under this Code section in order to administer conscious sedation. (g) A permit issued under this Code section may be revoked or not renewed if the board determines that the dentist holding such permit no longer meets any requirement ofsubsection (b) ofthis Code section. The board shall provide notice and opportunity for hearing under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' in any case in which it revokes or refuses to renew a permit, provided that summary action regarding such permit shall be authorized under Code Section 50-13-18. (h)(l) This Code section shall not prohibit a person who is duly licensed to practice medicine in this state and who is a member of the anesthesiology staff of an institution classified as a hospital and issued a permit as an institution under Code Section 3 1-7-1 from administering conscious sedation in a dental facility, except that such anesthesiologist shall remain on the premises of the dental facility until any patient given conscious sedation by such anesthesiologist is stabilized and has regained consciousness. (2) This Code section shall not prohibit a person who is duly licensed as a certified registered nurse anesthetist in this state from administering conscious sedation in a dental facility, provided that such sedation is administered under the direction and responsibility of a dentist duly permitted under this Code section and that such nurse anesthetist shall remain on the premises of the dental facility until any patient given conscious sedation by such nurse anesthetist is stabilized and has regained consciousness."

SECTION 4. Said chapter is further amended by striking Code Section 43-11-40, relating to (tuaiification of applicants and grant of license to practice dentistry, in its entirety ind inserting in lieu thereof the following:
.43-11-40. (a)(1) Applicants for a license to practice dentistry must have received a doctor of dental surgery (D.D.S.) degree or a doctor of dental medicine

724

GENERAL ACTS AND RESOLUTIONS, VOL. I

(D.M.D.) degree from a dental school approved by the board and accredited by the Conunission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure:
(A) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor ofdental medicine (D.M.D.) degree; and (B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree. (2) The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for licensure. (3) In order to be granted a license under this Code section, all applicants must pass a clinical examination approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice ofdentistry as established or approved by the board, which shall be administered in the English language. (b) All applications to the board for a license shall be made through the division director, who shall then submit all such applications to the board. (c) Subject to the provisions of subsection (a) of Code Section 43-11-47, applicants who have met the requirements of this Code section shall be granted licenses to practice dentistry. (d) Application for a license under this Code section shall constitute consent fur performance of a criminal background check. Each applicant who submits an
application to the board for licensure agrees to provide the board with any and all
information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible fur all fees associated with the performance of a background check.

SECTIONS.
Said chapter is further amended by adding a new Code Section 43-11-41 to read as
follows:
"43-11-41.
(a)( I) Applicants for a provisional license to practice dentistry by credentials
must have received a doctor of dental surgery (D.D.S.) degree or a doctor of
dental medicine (D.M.D.) degree from a dental school approved by the board
and accredited by the Conunission on Dental Accreditation of the Americ&a
Dental Association (ADA) or its successor agency, if any. Applicants must
have been in full time clinical practice, as defined by rules and regulati:
established by the board; full time faculty, as defined by board rule

GEORGIA LAWS 2004 SESSION

725

regulation; or a combination of both for the five years immediately preceding the date of the application and must hold an active dental license in good standing from another state. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for provisional licensure by credentials:
(A) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor of dental surgery (D.D.S.) or doctor ofdental medicine (D.M.D.) degree; and (B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school. (2) The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for provisional licensure. (3) In order to be granted a provisional license under this Code section, all applicants must have passed a clinical examination given by a state or regional testing agency approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language. (4) The board may establish additional licensure requirements by rule and regulation. (b) All applications to the board for a provisional license by credentials shall be made through the division director, who shall then submit all such applications to the board. The fee for provisional licensure by credentials shall be paid to the division director and shall be in an amount established by the board. (c) Subject to the provisions of subsection (a) of Code Section 43-11-47, an applicant who has met the requirements of this Code section shall be granted a provisional license to practice dentistry, which shall be valid for two years from the date it is issued and may be renewed subject to the approval ofthe board. (d) Application for a provisional license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for provisional licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check. (e) Upon receipt of license, the applicant by credentials must establish active practice, as defined by rules and regulations of the board, in this state within two years of receiving such license under this Code section or the license shall be automatically revoked.

726

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION6. Said chapter is further amended by striking Code Section 43-11-42, relating to reciprocity with other states for a teacher's or instructor's license, in its entirety and inserting in lieu thereofthe following:
"43-11-42.
(a) The board may issue, in its discretion, without examination, a teacher's or instructor's license to a dental hygienist who has graduated from a school or college approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any, for the sole purpose of teaching or instructing, in an accredited dental hygiene school in this state, those procedures and services recognized in this state to be within the scope ofpractice of such person's professional license.
(a.l )(I) The board may issue, in its discretion, without examination, a teacher's or instructor's license to a dentist who has graduated from a school or college approved by the board and accredited by the Commission on Dental Accreditation of the American Dental Association (ADA) or its successor agency, if any, for the sole purpose of teaching or instructing, in an accredited dental college or training clinic in this state, those procedures and servictS recognized in this state to be within the scope of practice of such person's professional license. Those applicants who have received a doctoral degree in dentistry from a dental school not so accredited must comply with the following requirements in order to submit an application for licensure:
(A)(i) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to the doctor ofdental surgery (D.D.S.) or doctor ofdental medicine (D.M.D.) degree; or (ii) Successful completion at an accredited dental school or college approved by the board of at least a two-year advanced education program in one of the dental specialties recognized by the American Dental Association (ADA) or in general dentistry; and (B) Certification by the dean of the accredited dental school where such supplementary program was taken that the candidate has achieved the same level of didactic and clinical competency as expected of a graduate of the school receiving a doctor of dental surgery (D.D.S.) or doctor of dmtal medicine (D.M.D.) degree.
(2) The board may establish by rule or regulation the requirements tor documentation of an applicant's educational and personal qualifications tor
licensure. (3) In order to be granted a license under this subsection, all applicants m;: pass a jurisprudence examination on the laws of this state and rules regulations as they relate to the practice of dentistry as established or approved by the board, which shall be administered in the English language. (b) The board may issue, in its discretion, without examination, a license ."' dentists for the sole purpose of practicing public health dentistry in an official
state or a local health department or to render dental services to patients in ~
operated eleemosynary or correctional institutions, provided that these dentiStS

GEORGIA lAWS 2004 SESSION

727

possess a license in another state, are in good standing in said state, and have graduated from an accredited dental college. Such license shall be considered to be a temporary license which shall be valid for a period to be established by board rule. (c) The cost of such teacher's, instructor's, or temporary public health license shall be established by the board. (d) Any license issued or considered for issuance under this Code section shall be subject to the provisions set forth in Code Section 43-11-47. (e) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for
all fees associated with the perfonnance of a background check."

SECTION7. Said chapter is further amended by striking Code Section 43-11-51, relating to practicing dentistry under another's license, in its entirety and inserting in lieu thereof the following:
43-11-51. Any person, firm, partnership, corporation, or other entity who practices dentistry or performs any dental operation under the protection of another s license shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1 ,000.00 or by imprisonment for not less than two nor more than five years, or both."

SECTIONS. Said chapter is further amended by striking Code Section 43-11-52, relating to volunteers in dentistry and special licensing, in its entirety and inserting in lieu thereofthe following:
43-11-52. (a) This Code section shall be known and may be cited as the 'Georgia Volunteers in Dentistry Act.' (b) Notwithstanding any other provision of law, the board may issue a special license to qualifYing dentists under the terms and conditions set forth in this Code section and pursuant to requirements which may be set forth in the rules and regulations ofthe board The special license may only be issued to a person who is retired from the practice of dentistry and not currently engaged in such practice either full time or part time and has, prior to retirement, maintained full licensure in good standing in dentistry in any state. (c) The special licensee shall be permitted to practice dentistry only in the noncompensated employ of public agencies or institutions, not for profit agencies, not for profit institutions, nonprofit corporations, or not for profit associations which provide dentistry services only to indigent patients in areas

728

GENERAL ACTS AND RESOLUTIONS, VOL. I

which are lUlderserved by dentists or critical need population areas of the state, as determined by the board. (d) The person applying for the special license llllder this Code section shall submit to the board a notarized statement from the employing agency, institution, corporation, or association on a form prescribed by the board, whereby he or she agrees llllequivocally not to receive compensation for any dentistry services he or she may render while in possession ofthe special license. (e) The examination by the board, any application fees, and all licensure and renewal fees may be waived for the holder of the special license llllder this Code section. (f) If, at the time application is made for the special license, the dentist is not in compliance with the continuing education requirements established by the board for dentists in this state, the dentist may be issued a nonrenewable temporary license to practice for six months provided the applicant is otherwise qualified for such license. (g) The liability of persons practicing dentistry llllder and in compliance with a special license issued lUlder this Code section and the liability of their employm for such practice shall be governed by Code Section 51-1-29.1. (h) This Code section, being in derogation of the common law, shall be strictly construed. (i) Application for a license lUlder this Code section shall constitute consent for performance of a criminal backgrolllld check. Each applicant who submits an
application to the board for licensure agrees to provide the board with any and all
information necessary to Tllll a criminal backgrolllld check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a backgrolllld check.

SECTION9. Said chapter is further amended by striking Code Section 43-11-70, relating to examinations and licensing of dental hygienists, in its entirety and inserting in lieU thereof the following:
0 43-11-70. No person shall practice as a dental hygienist in this state lllltil such person haS
passed a written and a clinical examination conducted or approved by the board The fee for such examination shall be paid to the division director and shall be
in an amollllt established by the board. The board shall issue licenses and Iicei!S8 certificates as dental hygienists to those persons who have passed the
examination in a manner satisfactory to the board, which license certificate sball
be posted and displayed in the place in which the hygienist is employed:
SECTION 10. Said chapter is further amended by striking Code Section 43-11-71, relating to
qualifications of applicants for licensure as dental hygienists, in its entirety aad
inserting in lieu thereof the following:

GEORGIA LAWS 2004 SESSION

729

'43-11-71. (a) No person shall be entitled to or be issued such license as set out in Code Section 43-11-70 unless such person is at least 18 years of age, of good moral character, and a graduate of a dental hygiene program recognized by the board
and accredited by the Commission on Dental Accreditation of the American
Dental Association (ADA) or its successor agency which is operated by a school or college accredited by an institutional accrediting agency recognized by the United States Department of Education whose curriculum is at least two academic years of courses at the appropriate level and at the completion of which an associate or baccalaureate degree is awarded. (b) Application for a license under Code Section 43-11-70 shall constitute consent for performance of a criminal background check. Each applicant who submits an application to the board for licensure agrees to provide the board with any and all information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check.

SECTION 11. Said chapter is further amended by adding following Code Section 43-11-71, rtlating to qualifications of applicants for licensure as dental hygienists, a new Code Section43-11-71.1 to read as follows:
'43-11-71.1. (a)( I) Applicants for a license to practice dental hygiene by credentials must have received a dental hygiene degree from a dental hygiene school or program accredited by the Commission on Dental Accreditation ofthe American Dental Association (ADA) or its successor agency, if any, and approved by the board. Applicants must also provide proof of full time clinical practice, as defined by the board, full time faculty practice, as defined by the board, or a combination of both for the last two preceding years and hold an active dental hygiene license in good standing from another state. (2) The board may establish by rule or regulation the requirements for documentation of an applicant's educational and personal qualifications for licensure. (3) In order to be granted a license under this Code section, all applicants must have passed a clinical examination given by a state or regional testing agency approved by the board and a jurisprudence examination on the laws of this state and rules and regulations as they relate to the practice of dental hygiene as established or approved by the board, which shall be administered in the English language. (4) The board may establish additional licensure requirements by rule and regulation.
(b) All applications to the board for a license by credentials shall be made through the division director, who shall then submit all such applications to the board. The fee for licensure by credentials shall be paid to the division director and shall be in an amount established by the board.

730

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) Subjectto the provisions ofCode Section 43-11-72, an applicant who has met the requirements of this Code section shall be granted a license to practice as a dental hygienist. (d) Application for a license under this Code section shall constitute consent for performance of a criminal background check. Each applicant who submits an
application to the board for licensure agrees to provide the board with any and all
information necessary to run a criminal background check, including but not limited to classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of a background check. (e) Upon receipt of license, the applicant by credentials must establish active practice, as defined by rules and regulations of the board, in this state within two years of receiving such license under this Code section or the license shall be automatically revoked.

SECTION 12. Said chapter is further amended by striking Code Section 43-11-72, relating to sanctioning licenses of dental hygienists, in its entirety and inserting in lieu thereof the following:
'43-11-72. The board shall have the authority to refuse to grant, to revoke, or to discipl.intl the license of any licensed dental hygienist in this state based upon any ground or violation enumerated in Code Section 43-11-47, in the same manner and to the same extent as such Code section applies to licenses of dentists, unless the application of any such provision would not be appropriate to the license of a dental hygienist, in accordance with the sanctions, standards, and procedures set forth in that Code section, or for violation of Code Section 43-11-74 or any oth law or rule relating to the practice of dental hygiene, in accordance with the sanctions, standards, and procedures set forth in Code Section 43-11-47.'

SECTION 13. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

GEORGIA lAWS 2004 SESSION

731

STATE GOVERNMENT~ PRIVATELY OWNED
MIUTARY MONUMENTS.

No. 574 (Senate Bill No. 588).

AN ACT

To amend Code Section 50-3-1 of the Official Code of Georgia Annotated, relating to the state flag and the protection of public monuments honoring the military, so as to provide for the protection of privately owned monuments honoring past or present military personnel; 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. Code Section 50-3-1 ofthe Official Code of Georgia Annotated, relating to the state tlag and the protection of public monuments honoring the military, is amended by striking paragraph (3) of subsection (b) and inserting in its place the following:
'(3) Conduct prohibited by paragraphs (1) and (2) of this subsection shall be enjoined by the appropriate superior court upon proper application therefor. (4) It shall be unlawful for any person, firm, corporation, or other entity acting without authority to mutilate, deface, defile, abuse contemptuously, relocate, remove, conceal, or obscure any privately owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof Any person or entity who suffers injury or damages as a result of a violation of this paragraph may bring an action individually or in a representative capacity against the person or persons committing such violations to seek injunctive relief and to recover general and exemplary damages sustained as a result of such person s or persons unlawful actions."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

732

GENERAL ACTS AND RESOLUTIONS, VOL. I

ELECTIONS -HUNTING, FISHING, OR TRAPPING
UCENSES; VOTER REGISTRATION.

No. 575 (Senate Bill No. 541 ).

AN ACT

To amend Article 6 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, so as to provide that certain applications for resident hWlting, fishing, or trapping licenses shall also serve as applications for voter registration; to provide for procedures and administration related thereto; to change certain provisions relating to application for registration; to provide an effective date and implementation; 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 2 of Title 21 of the Official Code of Georgia Annotated, relating to registration of voters, is amended by striking subsection (a) of Code Section 21-2-220, relating to application for registration, r~jection for failure to provide required information or for submission of false information, and aid to disabled or illiterate, and inserting in lieu thereof the following:
"(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 coWlty of residence in person, by submission of the federal post card application form as authorized
Wlder Code Section 21-2-219, by making application through the Department of Motor Vehicle Safety as provided in Code Section 21-2-221, by makin8
application through the Department of Natural Resources as provided in Code Section 21-2-221.1, 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."

SECTION2.
Said article is further amended by inserting a new Code Section 21-2-221.1 to read
as follows: "21-2-221.1. (a) Each application to obtain a resident hWlting, fishing, or trapping licfJISC'
issued by the Department ofNatural Resources pursuant to Chapter 2 of Tide 27
and made by an applicant who is within six months of such applicant's eigbteeath
birthday or older shall also serve as an application for voter registration ~~
the applicant declines to register to vote through specific declination or by failiPS
to sign the voter registration application.

GEORGIA LAWS 2004 SESSION

733

(b) The Board of Natural Resources and the Secretary of State shall agree upon

and design such procedures and forms as will be necessary to comply with this

Code section, including without limitation procedures applicable to processing

of applications received by persons approved as license agents for the

Department ofNatural Resources pursuant to Code Section 27-2-2.

(c) The forms designed by the Board of Natural Resources and the Secretary of

State:

(I) Shall not require the applicant to duplicate any information required in the

resident hunting, fishing, or trapping license portion ofthe application with the

exception of a second signature;

(2) Shall include such information as required on other voter registration cards

issued by the Secretary of State;

(3) Shall contain a statement that states each eligibility requirement contained

in Code Section 21-2-216, that contains an attestation that the applicant meets

each such requirement, and that requires the signature of the applicant under

penalty of false swearing; and

(4) Shall include, in print that is identical to that used in the attestation, the

penalties provided by law for submission of a false voter registration

application; and a statement that, if an applicant declines to register to vote, the

fact that the applicant has declined to register will remain confidential and will

be used only for voter registration purposes.

(d) Any person when acting as a license agent for the Department of Natural

Resources shall not:

(I) Seek to influence an applicant's political preference;

(2) Display on his or her person any such political preference or political party

or body allegiance;

(3) Make any statement to an applicant or take any action the purpose or effect

ofwhich is to discourage the applicant from applying to register to vote; or

(4) Make any statement to an applicant or take any action the purpose or effect

of which is to lead the applicant to believe that a decision to apply to register

or not to apply to register to vote has any bearing on the availability of services

or benefits.



(e) license agents for the Department of Natural Resources acting under this

Code section shall not be considered to be deputy registrars under this chapter or

any rules and regulations promulgated thereunder.

(t) The Department of Natural Resources shall transmit the completed

applications for voter registration to the Secretary of State at the conclusion of

each business day. The Secretary of State shall forward the applications to the

appropriate county board ofregistrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to

place the applicant in the correct precinct and voting districts.

(g) The Department ofNatural Resources shall maintain such statistical records

on the number of registrations and declinations as requested by the Secretary of

State.

734

GENERAL ACTS AND RESOLUTIONS, VOL. I

(h) Information relating to the failure of an applicant for a resident hooting, fishing, or trapping license issued by the Department of Natural Resources to sign a voter registration application shall not be used for any purpose other than voter registration and shall not be subject to public inspection. (i) The Secretary of State and the Board of Natural Resources shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. 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. (j) The forms and procedures to implement and administer this Code section shall be designed in a manner such that license agents for the Department of Natural Resources shall not incur any expenses nor be required to make any reports in implementing and administering this Code section in addition to those presently required of such license agents in issuing fishing, hooting, and trapping licenses, other than providing information to the Department of Natural Resources at the time the license application is processed necessary to comply with state and federal voter laws on voter registration. (k) License agents for the Department of Natural Resources acting ooder this Code section whose businesses are authorized to sell alcoholic beverages for on-premises consumption may notifY the Department of Natural Resources of their desire to opt out of the requirements ofthis Code section and shall thereafter not be required to comply with this Code section.

SECTION3. This Act shall become effective on July 1, 2005, or upon appropriation offimding for its implementation by the Department ofNatural Resources.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

CRIMES - ARSON; DEGREES OF OFFENSE.
No. 576 (Senate Bill No. 184).
AN ACT To amend Article 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, so as to provide for additional off~

GEORGIA lAWS 2004 SESSION

735

constituting the crimes of arson in the first, second, and third degree; 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 3 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to arson and explosives, is amended by striking Code Section 16-7-60, relating to arson in the first degree, and inserting in its place a new Code Section 16-7-60 to read as follows:
'16-7-60. (a) A person commits the offense of arson in the first degree when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, coun;els, or procures another to damage:
(I) Any dwelling house of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, whether it is occupied, Wloccupied, or vacant; (2) Any building, vehicle, railroad car, watercraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent of both, if such structure is designed for use as a dwelling, whether it is occupied, Wloccupied, or vacant; (3) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, Wloccupied, or vacant and when such is insured against loss or damage by fire or explosive and such loss or damage is accomplished without the consent ofboth the insurer and the insured; (4) Any dwelling house, building, vehicle, railroad car, watercraft, aircraft, or other structure whether it is occupied, Wloccupied, or vacant with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner; or (5) Any building, vehicle, railroad car, watercraft, aircraft, or other structure Wlder such circumstances that it is reasonably foreseeable that human life might be endangered. (b) A person also commits the offense of arson in the first degree when, in the commission of a felony, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, coWlsels, or procures another to damage anything included or described in subsection (a) ofthis Code section. (c) A person convicted of the offense of arson in the first degree shall be punished by a fine of not more than $50,000.00 or by imprisonment for not less than one nor more than 20 years, or both."

736

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION2. Said article is further amended by striking Code Section 16-7-61, relating to arson in the second degree, and inserting in its place a new Code Section 16-7-61 to read as follows:
"16-7-61. (a) A person commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, by means of fire or explosive, he or she knowingly damages or knowingly causes, aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent ofboth. (b) A person also commits the offense of arson in the second degree as to any building, vehicle, railroad car, watercraft, aircraft, or other structure not included or described in Code Section 16-7-60 when, in the commission of a felony, by
means of fire or explosive, he or she knowingly damages or knowingly causes,
aids, abets, advises, encourages, hires, counsels, or procures another to damage any building, vehicle, railroad car, watercraft, aircraft, or other structure of another without his or her consent or in which another has a security interest, including but not limited to a mortgage, a lien, or a conveyance to secure debt, without the consent ofboth. (c) A person convicted of the offense of arson in the second degree shall be punished by a fine of not more than $25,000.00 or by imprisonment for not less than one nor more than ten years, or both.

SECTION3. Said article is further amended by striking Code Section 16-7-62, relating to arson
in the third degree, and inserting in its place a new Code Section 16-7-62 to read as
follows: "16-7-62. (a) A person commits the offense of arson in the third degree when, by meaDS of fire or explosive, he or she knowingly damages or knowingly causes, aids,
abets, advises, encourages, hires, counsels, or procures another to damage: ( 1) Any personal property of another without his or her consent or in which another has a security interest, including but not limited to a lien, without the
consent of both and the value ofthe property is $25.00 or more; (2) Any personal property when such is insured against loss or damage by fire
or explosive and the loss or damage is accomplished without the consent of both the insurer and insured and the value of the property is $25.00 or more;
or
(3) Any personal property with the intent to defeat, prejudice, or defraud the rights of a spouse or co-owner and the value of the property is $25.00 or~:
(b) A person also commits the offense of arson in the third degree when. ~
commission of a felony, by means of fire or explosive, he or she knowinalJ

GEORGIA LAWS 2004 SESSION

737

damages or knowingly causes, aids, abets, advises, encourages, hires, coWlSels, or procures another to damage anything included or described in subsection (a) ofthis Code section. (c) A person convicted of the offense of arson in the third degree shall be punished by a fine not to exceed $10,000.00 or by imprisonment for not less than one nor more than five years, or both.

SECTION4.
This Act shall become effective on July I, 2004. This Act shall not apply to any
offense committed prior to July I, 2004. Any such offense shall be punishable as provided by the statue in effect at the time the offense was committed.

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

Approved May 13,2004.

BAXTER SHAVERS SECTION OF BATTLEFIEID PARKWAY; DESIGNATED.
No. 577 (Senate Resolution No. 866).
A RESOLUTION
Dedicating a portion of the Battlefield Parkway in Catoosa County to the memory ofBaxter Shavers; and for other purposes.
WHEREAS, Baxter Shavers was a deputy sheriff of Catoosa County who sacrificed
his life in the line of duty on April14, 1978, in the attempt to apprehend an armed
robbery suspect; and
WHEREAS, it is fitting and proper that the sacrifice of Baxter Shavers in the line of duty in protecting the citizens of Catoosa County and this state be recognized appropriately.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Battlefield Parkway, Georgia State Highway 2, from its Intersection with U.S. Highway 27 to its intersection with U.S. Highway 41 in Catoosa County be dedicated to the memory of Baxter Shavers.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating such section of

738

GENERAL ACTS AND RESOLUTIONS, VOL. I

the Battlefield Parkway, State Highway 2, as being dedicated to the memory of Baxter Shavers.

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.

Approved May 13,2004.

FOOD, DRUGS, AND COSMETICSELECTRONIC PRESCRIPTION DRUG ORDERS.
No. 578 (Senate Bill No. 179).
AN ACT
To enact the "Patient Safe Prescription Drug Act"; to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide for electronic data prescription drug orders; to define certain terms; to require electronic data prescription drug orders to meet certain requirements; to prohibit access to electronic data prescription drug orders from the time of transmission until receipt by the designated pharmacy; to prohibit certain restrictions of practitioners; to prohibit the restriction of a patient" s choice ofrroill pharmacy; to provide for an exemption for institutions using electronic medical record systems; to change certain provisions relating to substitution ofgeneric m-ug., for name brand drugs; to provide that incentives may be offered to pharmacies, pharmacists, and practitioners that accept or utilize electronic data prescription drug orders; to provide for related matters; to repeal conflicting laws; and for oth~ purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION I. This Act shall be known and may be cited as the "Patient Safe Prescription DrU3 Act."
SECTION2. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating tQ pharmacists and pharmacies, is an1ended by adding to Code Section 26-4-5, relatiDS
to definitions, new paragraphs (14.1) through (14.5), (18.05), and (38.5) to read as
follows:

GEORGIA LAWS 2004 SESSION

739

'(14.1) 'Electronic data prescription drug order' means any digitalized prescription drug order transmitted to a pharmacy, other than by facsimile, which contains the secure, personalized digital key, code, nwnber, or other identifier used to identity and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. (14.2) 'Electronic data signature' means:
(A) A secure, personalized digital key, code, nwnber, or other identifier used for secure electronic data transmissions which identifies and authenticates the prescribing practitioner as a part of an electronic data prescription drug order transmitted to a pharmacy; or (B) An electronic symbol or process attached to or logically associated with a record and executed or adopted by a prescribing practitioner with the intent to sign an electronic data prescription drug order, which identifies the prescribing practitioner, as a part of an electronic data prescription drug order transmitted to a pharmacy. (14.3) 'Electronic signature' means an electronic visual image signature or an electronic data signature of a practitioner which appears on an electronic prescription drug order. ( 14.4) 'Electronic visual iinage prescription drug order' means any exact visual image of a prescription drug order issued by a practitioner electronically and which bears an electronic reproduction of the visual image ofthe practitioner s signature, is either printed on security paper and presented as a hard copy to the patient or transmitted by the practitioner via facsimile machine or equipment to a pharmacy, and contains all information required by state law and regulations ofthe board. (14.5) 'Electronic visual image signature' means any exact visual image of a practitioner s signature reproduced electronically on a hard copy prescription drug order presented to the patient by the practitioner or is a prescription drug order transmitted to a pharmacy by a practitioner via facsimile machine or equipment. n '(18.05) 'Hard copy prescription drug order' means a written, typed, reproduced, or printed prescription drug order prepared on a piece ofpaper.n '(38.5) 'Security paper' means paper utilizing security features on which the electronic visual image prescription drug order of a practitioner is printed and presented to a patient so as to ensure that the prescription drug order is not subject to any form of copying, reproduction, or alteration, or any combination of copying, reproduction, or alteration, and may include a watermark produced by the electronic digital process when a prescription is printed to clearly show if a prescription has been reproduced or copied in an unauthorized manner.'

SECTION3. ~aid chapter is further amended by strikii1g paragraph (36) ofCode Section 26-4-5, relating to definitions, and inserting in its place the following:

740

GENERAL ACTS AND RESOLUTIONS, VOL. I

"(36) 'Prescription drug order' means a lawful order of a practitioner for a drug
or device for a specific patient; such order includes an electronic visual image prescription drug order and an electronic data prescription drug order."

SECTION 4. Said chapter is further amended by striking subsections (c), (i), and (1) of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, and inserting in their respective places the following:
"(c) A prescription drug order may be accepted by a pharmacist, pharmacy
intern, or extern in written torm, orally, via an electronic visual image
prescription drug order, or an electronic data prescription drug order as set forth in this chapter or as set forth in regulations promulgated by the board. Provisions for accepting a prescription drug order for a Schedule II controlled substance are set forth in subsection (1) of this Code section, the board's regulations, or the regulations of the United States Drug Enforcement Administration in 21 C.F.R. 1306. Electronic prescription drug orders shall either be an electronic visual image of a prescription drug order or an electronic data prescription drug order and shall meet the requirements set forth in regulations promulgated by the board A hard copy prescription prepared by a practitioner or a practitioner s agent, which bears an electronic visual image of the practitioner s signature and is not sent by facsimile, must be printed on security paper. Prescriptions transmitted either electronically or via facsimile shall meet the following requirements:
(1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioner s agent under supervision of the practitioner, to the pharmacy of the patient's choice with no intervening person or intermediary having access to the prescription drug order; (2) Prescription drug orders transmitted by facsimile or computer shall include:
(A) In the case of a prescription drug order for a dangerous drug, the complete name and address ofthe practitioner; (B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner; (C) The telephone number of the practitioner for verbal confirmation; (D) The name and address ofthe patient; (E) The time and date ofthe transmission; (F) The full name ofthe person transmitting the order; and (G) The signature of the practitioner in a manner as defined in regulations promulgated by the board or, in the case of a controlled substances prescription, in accordance with 21 C.F.R. 1301.22; (3) An electronically transmitted, issued, or produced prescription drug order which meets the requirements ofthis Code section shall be deemed the original order;

GEORGIA lAWS 2004 SESSION

741

(4) The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of any electronically transmitted, issued, or produced prescription drug order consistent with federal and state laws and rules and regulations adopted pursuant to the same; (5) An electronically encrypted, issued, or produced prescription drug order transmitted from a practitioner to a pharmacist shall be considered a highly confidential transaction and the said transmission, issuance, or production shall not be compromised by interventions, control, change, altering, manipulation, or accessing patient record information by any other person or party in any manner whatsoever between the time after the practitioner has electronically transmitted, issued, or produced a prescription drug order and such order has been received by the pharmacy ofthe patient's choice; (6) Any pharmacist that transmits, receives, or maintains any prescription or prescription refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein; and (7) The board shall promulgate rules and regulations which may provide specific exceptions under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations." '(i) All prescription drug orders must bear the signature of the prescribing practitioner as defined in Code Section 16-13-21. Physician's assistants must comply with all applicable laws regarding signatures. Further, the nature of such signature must meet the requirements set forth in regulations promulgated by the board. A physically applied signature stamp is not acceptable in lieu of an original signature. Except as otherwise provided for in this subsection, when an oral prescription drug order or the oral authorization for the refilling of a prescription drug order is received which has been transmitted by someone other than the practitioner, the name of the individual making the transmission and the date, time, and location of the origin of the transmission must be recorded on the original prescription drug order or other record by the pharmacist receiving the transmission. No one other than tl1e practitioner or an agent authorized by the practitioner shall transmit such prescriptions in any manner. In institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations, the name of the individual making the transmission is not required to be placed on the order." '(1) A Schedule II controlled substance prescription drug order in written form signed in indelible ink by the practitioner may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist. Other forms of Schedule II controlled substance prescription drug orders may be accepted by a pharmacist and the Schedule II controlled substance may be dispensed by such pharmacist in accordance with regulations promulgated by the board and in accordance with DEA regulations found in 21 C.F.R. 1306."

742

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTIONS. Said chapter is further amended by adding at the end of Code Section 26-4-80, relating to dispensing, electronically transmitted drug orders, refills, and Schedule II controlled substance prescriptions, new subsections (m), (n), and (o) to read as follows:
"(m) No licensee nor any other entity shall be permitted to provide facsimile machines or equipment, computer software, technology, hardware, or supplies related to the electronic transmission of prescription drug orders to any practitioner which restricts such practitioner from issuing prescription drug orders for certain prescription drugs or restricts a patient from choosing the retail pharmacy to which an electronic prescription drug order may be transmitted. {n) Institutions including, but not limited to, hospitals, long-term care facilities, and inpatient hospice facilities which utilize electronic medical record systems that meet the information requirements for prescription drug orders for patients pursuant to this Code section shall be considered to be in compliance with this Code section. (o) Nothing in this Code section shall be construed to prohibit any insurance company, hospital or medical service plan, health care provider network, health maintenance organization, health care plan, employer, or other similar entity providing health insurance from offering incentives to pharmacies, pharmacists, and practitioners that accept or utilize electronic data prescription drug orders.'

SECTION6. Said chapter is further amended by striking subsection (g) ofCode Section26-4-81, relating to substitution of generic drugs for name brand drugs, and inserting in its place the following:
"(g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. When a prescription is a hard copy prescription drug order, such indication of brand necessary must be in the practitioner s own handwriting and shall not be printed, applied by rubber stamp, or any such similar means."

SECTION?. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

GEORGIA lAWS 2004 SESSION

743

MIUTARY AND EMERGENCY MANAGEMENT- STATEGOVERNMENT
SAFETY PlANS; ANTI-TERRORISM TRAINING; UNIFIED INCIDENT COMMAND SYSTEM.

No. 579 (Senate Bill No. 243).

AN ACT

To amend Chapter 3 of Title 38 ofthe Official Code ofGeorgia Annotated, relating tD emergency management, so as to provide for certain state government safety plans; to provide for exemptions; to provide for a program oftraining and teclmical assistance; to exempt certain records from public inspection and disclosure; to provide for an Airport Anti-Terrorism Training Committee and the training of airport managers; to provide that the Georgia Emergency Management Agency shall establish and maintain a standardized, verifiable, performance-based wrified incident command system; to provide for the development of and instruction in such command system; to provide for the implementation of such command system; tD provide penalties for local agencies that do not establish such command system by October I, 2004; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by inserting a new Code section to read as follows:
'38-3-22.1. (a) Every state agency or authority, except those exempted in subsection (b) of this Code section, shall prepare an agency safety plan to address the threat of terrorism, to respond effectively to such incidents, and to provide a safe environment for state personnel and for those citizens conducting business with state agencies. In addition to acts of terrorism, such plan shall also address preparedness for natural disasters, hazardous materials or radiological accidents, and acts of violence. The safety plans of agencies and authorities shall be prepared with input from the appropriate supervisors and rank-and-file employees and local law enforcement, fire service, public safety, and emergency management agencies. Such plans shall be reviewed internally and, if necessary, updated annually. Such plans shall be submitted to the local emergency management agency. (b) The Department of Public Safety, the Department of Corrections, and any other state agency which operate secured facilities shall be exempt from the requirements of subsection (a) ofthis Code section.

744

GENERAL ACTS AND RESOLUTIONSz VOL. I

(c) Subject to the availability of :funds for such purpose, the Georgia Emergency Management Agency shall provide training and teclmical assistance to agencies and authorities and may provide such training and technical assistance to local units of govennnent and to critical facilities operated by the private sector. Such training and teclmical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management, and model safety plans. (d) The following records shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 ofTitle 50:
(I) Site surveys, safety audits, and vulnerability assessments performed pursuant to subsection (a) ofthis Code section; and (2) Any other record produced pursuant to this Code section the disclosure of which would, in the determination of the director of the Georgia Emergency Management Agency, endanger the life or physical safety of any person or persons or the physical safety of any public property.

SECTION2.

Said chapter is further amended by inserting a new Code section to read as fullows:

'38-3-22.2.

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

(1) 'Airport Anti-Terrorism Training Committee' means a connnittee

composed of five members: one appointed by and to serve at the pleasure of

the Homeland Security Director; one appointed by and to serve at the pleasure

ofthe director of emergency management; one appointed by and to serve at the

pleasure of the commissioner of transportation; one appointed by and to serve

at the pleasure of the State Board ofTeclmical and Adult Education; and one

appointed by and to serve at the pleasure of the commissioner ofpublic safety.

(2) 'Airport manager' means, with respect to each airport located in this state,

the person who serves as manager, serves as general manager, or otherwise

serves as the chief administrative officer of such airport. If for any airport.

there is more than one person who may fit such definition, the local

govennnent, authority, or company operating such airport shall designate one

such person as its airport manager for purposes ofthis Code section.

(b) The Airport Anti-Terrorism Training Committee shall establish and maintain
an annual training program for persons who serve as airport managers. It shall be unlawful for any person to serve as an airport manager in this state unless such

person is in compliance with rules and regulations of the Airport Anti-TerrorisiD

Training Committee implementing this Code section. Such rules and regulations:

(I) Shall require each airport manager in this state to complete 14 hours of

initial training and eight hours of annual training thereafter, with the firSt

training to be completed in calendar year 2004;

(2) Shall establish the curriculum of such annual training;

.

(3) May provide for exemption from or delay of the annual training otherwtSe

required in cases of providential cause or hardship; and

GEORGIA lAWS 2004 SESSION

745

(4) May provide for exemption from the annual training otherwise required fur airport managers who demonstrate that they have or will otherwise obtain the competencies taught in the annual training curriculum. (c) The Airport Anti-Terrorism Training Committee shall by agreement or contract arrange for the annual training required under this Code section to be administered by the Georgia Aviation Technical College under the jurisdiction ofthe State Board of Technical and Adult Education. (d) The tuition costs of providing such training may be paid in whole or in part from funds appropriated or otherwise available to any department represented on the Airport Anti-Terrorism Training Committee or may be paid in whole or in part by the airport managers being trained or any combination thereof, as established by the Airport Anti-Terrorism Training Committee."

SECTION3. Said chapter is further amended by adding a new Code Section 38-3-57 to read as fullows:
'38-3-57. (a) The Georgia Emergency Management Agency shall establish and maintain, in collaboration with all appropriate state agencies and volunteer organizations with emergency support function roles, and professional organizations that represent local public safety agencies, including the Emergency Management Association of Georgia, the Georgia Association of Police Chiefs, the Georgia Fire Chiefs' Association, and the Georgia Sheriffs' Association, a standardized, verifiable, performance-based unified incident command system. (b) Such system shall be consistent with the Georgia Emergency Operations Plan
and shall be utilized in response to emergencies and disasters referenced in the
Georgia Emergency Operations Plan, including Presidentially declared disasters and states of emergency issued by the Governor. (c) The Georgia Emergency Management Agency, in cooperation with the Georgia Public Safety Training Center and the Georgia Forestry Commission, shall develop or adopt a course of instruction for use in training and certifYing emergency response personnel in unified incident command. (d) All local public safety and emergency response organizations, including emergency management agencies, law enforcement agencies, fire departments, and emergency medical services, shall implement the standardized unified incident command system provided for in subsection (a) of this Code section by October I, 2004. (e) Local agencies that have not established such system by October I, 2004, shall not be eligible for state reimbursement for any response or recovery related expenses.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

746

GENERAL ACTS AND RESOLUTIONS, VOL. I

MOTOR VEHICLES EMERGENCY VEHICLES; BUSES; MOTOR COACHES; TRUCKS; HOY
LANES; TOLL LANES.

No. 580 (Senate Bill No. 489).

AN ACT

To amend Chapter 1 ofTitle 40 of the Official Code of Georgia Annotated, relating to general provisions ofmotor vehicles and traffic, so as to amend the definition of "authorized emergency vehicle"; to amend Article 3 of Chapter 6 of Title 40 ofthe Official Code of Georgia Annotated, relating to driving on the right side of the roadway, overtaking and passing, and following too closely, so as to amend the definition of the term "truck"; to provide that buses and motorcoaches being operated on multilane highways shall operate only in certain lanes; to provide an exception for buses and motorcoaches moving to and from HOY lanes; to provide
that the Department of Transportation in cooperation with the State Road and
Tollway Authority may implement high occupancy toll lanes in HOY lanes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions of motor vehicles and traffic, is amended by striking paragraph (5) of
Code Section 40-1-1, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows:
8 (5) 'Authorized emergency vehicle' means a motor vehicle belonging to a
public utility corporation or operated by the Department of Transportation and designated as an emergency vehicle by the Department of Public Safety; a
motor vehicle belonging to a fire department or a certified private vehicle
belonging to a volunteer firefighter or a fire-fighting association, partnership,
or corporation; an ambulance; or a motor vehicle belonging to a federal, state. or local law enforcement agency, provided such vehicle is in use as an
emergency vehicle by one authorized to use it for that purpose.n

SECTION2.
Article 3 of Chapter 6 of Title 40 of the Official Code of Georgia AnootatOO.
relating to driving on the right side of the roadway, overtaking and passing, and
following too closely, is amended by striking subsection (a) of Code Sectio~ 40-6-52, relating to trucks using multilane highways, and inserting in lieu thereo
a new subsection (a) to read as follows:

GEORGIA LAWS 2004 SESSION

747

'(a) As used in this Code section, the term 'truck' means any vehicle equipped with more than six wheels, except buses and motorcoaches.'

SECTION3. Said article is further amended by adding a new Code Section 40-6-53 to read as fullows:
'40-6-53. (a) On roads, streets, or highways with three or more lanes allowing for movement in the same direction, it shall be unlawful for any bus or motorcoach to operate in any lanes other than the two most right-hand lanes, except when the bus or motorcoach is preparing for a left turn, is moving to or from an HOV lane, or as otherwise provided by subsection (c) ofthis Code section. (b) On roads, streets, or highways with two lanes allowing for movement in the same direction, it shall be unlawful for any bus or motorcoach to operate in the left-hand lane, except when the bus or motorcoach is actually overtaking and passing another vehicle, preparing for a left turn, or as otherwise provided by subsection (c) ofthis Code section. (c) On interstate highways with four or more lanes allowing for movement in the same direction, the Department of Transportation may designate specific lanes that either prohibit or allow buses or motorcoaches. Where such usage has been so designated and indicated by signs erected by the Department of Transportation, it shall be unlawful for any bus or motorcoach to operate in any lanes other than those designated for its use except when moving to or from an HOV lane. (d) When moving to or from an HOV lane, a bus or motorcoach shall move to the proper lanes of travel expeditiously and in the shortest distance possible under the circumstances.'

SECTION4. Said article is further amended by striking Code Section 40-6-54, relating to designation oftravel lanes, and inserting in lieu thereof a new Code Section 40-6-54 to read as follows:
'40-6-54. (a) The Department ofTransportation may designate travel lanes on any road in the state highway system for the exclusive use of certain vehicles, as provided in Code Section 32-9-4; provided, however, that where such designation has been made, the road shall be appropriately marked with signs or other roadway markers or markings to inform the traveling public ofthe restrictions imposed. (b) Any person who violates subsection (b) of Code Section 32-9-4 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a
fine:
(1) Not to exceed $75.00 for the first such offense; (2) Not to exceed $100.00 for the second such offense; (3) Not to exceed $150.00 for the third such offense; and

748

GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) Not to exceed $150.00 plus one point on such person s driver's license as provided for under Code Section 40-5-57 for the fourth or subsequent offense. (c) In the prosecution of an offense conunitted in the presence of or witnessed by a law enforcement officer whether by direct observation or as recorded through means ofvideo surveillance, either by magnetic imaging or photographic copy, of failure to obey a road sign restricting a highway or portion thereofto the use of high occupancy vehicles (HOY), proof that the vehicle described in the HOY violation summons was operated in violation of this Code section, together with proof that the defendant was at the time of such violation the registered owner of the vehicle, shall constitute evidence as a rebuttable presumption that such registered owner of the vehicle was the person conunitting the violation. Notwithstanding any other provision of this subsection to the contrary, said rebuttable presumption shall be overcome if the owner of said vehicle states, under oath, in open court, that he or she was not the operator of the vehicle at the time the alleged offense occurred. (d) The General Assembly finds and declares that the development, improvement, and use of exclusive or preferential high occupancy vehicle lanes, emergency vehicle lanes, and truck lanes or routes should be undertaken in order to relieve congestion and increase the efficiency of the federal-aid highway system. The Department of Transportation in cooperation with the State Road and Tollway Authority is hereby authorized to implement high occupancy toll (HOT) lanes where appropriate in qualifYing HOY lanes. A 'HOT lane' is a designated lane which allows single occupancy vehicles to gain access to HOV lanes by paying a toll set by the State Road and Tollway Authority. The department may design and develop a system of HOT lanes which uses value pricing and lane management. 'Value pricing' recognizes the need to vary the road user charge according to the levels of congestion and time of day; and 1ane management' restricts access to the designated HOT lanes based on occupancy, vehicle type, or other objective which would maximize the efficiency of the federal-aid highway system:

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

SECTION6. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

GEORGIA LAWS 2004 SESSION

749

CRIMES- BINGO; UCENSED ORGANIZATIONS; AUXILIARIES.

No. 581 (Senate Bill No. 492).

AN ACT

To amend Code Section 16-12-53 of the Official Code of Georgia Annotated, relating to bingo licensing procedure, fee, and renewal, so as to provide that the members of one or more auxiliaries of a licensed bingo operator may assist the operation of bingo games; to provide that members of the licensed organization may assist in the bingo games of its auxiliaries; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 16-12-53 ofthe Official Code ofGeorgia Annotated, relating to bingo licensing procedure, fee, and renewal, is amended by inserting at the end thereofthe following:
'(e) If the director determines that an organization has one or more auxiliaries, the members of any such auxiliary may assist in such organization s bingo operations, even if such auxiliary holds a license under this part, and the members of the main organization may assist in the bingo operations of any such licensed auxiliary."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

MOTOR VEHIClES -LAPSE FEES; RATING INFORMATION; TRAINING
INSTRUCTORS AND SCHOOLS; VEHIClE IDENTIFICATION; INSURANCE FORMS.
No. 582 (House Bill No. 1168).
AN ACT
To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to change certain provisions

750

GENERAL ACTS AND RESOLUTIONS, VOL. I

relating to lapse fees; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, so as to change certain provisions relating to furnishing of information; to provide that licensed driver training instructors may Wlder certain conditions act as agents for parents or guardians for purposes of applications for drivers licenses or instruction permits; to provide that the Department of Motor Vehicle Safety may authorize licensed driver training schools to administer the driver s examination; to change certain requirements relating to pamphlets issued by the department; to change certain provisions relating to suspension of driving privilege of a nonresident; to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to inspection of motor vehicles, so as to clarifY certain provisions relating to vehicle identification rules; to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting accidents and proof of financial responsibility, so as to change certain provisions relating to issuance of forms by the department; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended in Code Section 40-2-137, relating to definitions, notification of coverage termination, lapse fee, promulgation of rules and regulations, and suspension of vehicle registrations, by adding a new subsection (g) to read as follows:
"(g) The coWlty tax commissioner shall have the authority to waive a lapse fee if sufficient proof is provided that no actual lapse in coverage occurred. This proofmust be retained by the coWlty tax commissioner for audit purposes.

SECTION2. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle drivers licenses, is amended in Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, by adding a new subparagraph (c)( I)(B.l) to read as follows:
"(B.l) The department shall implement a pilot program of up to six months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The depart:mrot
shall report the results of such pilot program to the Office of Planning and
Budget. If the Office of Planning and Budget determines that the pilot program is successful, then the department shall also furnish limited rating information to insurance support organizations for the same purposes as provided in division (c)(I )(B)(ii) ofthis Code section, pursuant to a contract with the Georgia Technology Authority, provided that all other necessatY requirements of subsection (c) ofthis Code section have been met;'.

GEORGIA lAWS 2004 SESSION

751

SECTION3. Said chapter is :further amended by striking subsection (a) ofCode Section 40-5-26, relating to applications of minors for drivers' licenses and distinctive licenses for persons under age 21, in its entirety and inserting in lieu thereof the following:
'(a) The application of any person under the age of 18 years for an instruction permit or driver's license shall be:
(1) Signed and verified by the father, mother, or guardian of the applicant before a person authorized to administer oaths or, in the event there is no parent or guardian, by another responsible adult; or (2) Signed and verified by a licensed driver training instructor before a person authorized to administer oaths when such instructor is acting as an agent for such purposes on behalf of the father, mother, or guardian of the applicant and such agency is evidenced by permission of such parent or guardian which has been granted in writing and signed and verified by such parent or guardian before a person authorized to administer oaths and on such form as shall be prescribed by rule or regulation of the department."

SECTION4. Said chapter is :further amended in Code Section 40-5-27, relating to examination of applicants, by striking subsection (a) and inserting in its place the following and by adding new subsections (d) and (e) to read as follows:
'(a) The department shall examine every applicant for a driver's license, except as otherwise provided by subsection (d) of this Code section. Such examination shall include a test of the applicant's eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and shall also include a comprehensive on-the-road driving test during which the applicant shall be required to fully demonstrate his or her ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive; provided, however, that the on-the-road driving test requirement shall not apply to any applicant for a Class C driver's license who holds a Class D driver's license issued on or after January 1, 2002. Applicants 18 years of age and older with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such :further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class oflicense." '(d) The department shall implement a six-month pilot program to determine licensing requirements for licensed driver training schools to conduct on-the-road driving tests as provided in subsection (e) of this Code section. The department shall report the results of such pilot program to the House Committee on Motor Vehicles.

752

GENERAL ACTS AND RESOLUTIONS, VOL. I

(e) If the department determines that the pilot program provided for in subsection (d) of this Code section is successful, it shall authorize licensed driver training schools to conduct on-the-road driving tests as provided in this subsection. The department shall, prior to approving a licensed driver training school to conduct on-the-road driving tests as provided in this subsection, make a determination that the school has been licensed for a minirnwn of one year and has conducted driver education and adult education courses on a full-time basis for such one-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests. The department shall authorize a driver training school licensed pursuant to Chapter 13 of Title 43 and approved by the department to administer the testing providoo for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minirnwn of 30 class hours of instruction and six hours ofprivate in-car training. The department may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any Class C or Class D driver s license under this Code section.

SECTIONS. Said chapter is further amended in Code Section 40-5-32, relating to expiration and renewal of licenses and reexamination required, by striking subsection (c) of said Code section and inserting in its place the following:
"(c)(1) The department shall require every person applying for renewal ofa driver s license to take and pass successfully such test of his or her eyesight as the department shall prescribe, unless otherwise provided by rule or regulation for purposes ofparagraph (2) of subsection (b) ofthis Code section. (2) The commissioner may issue such rules and regulations as are necessary to implement this subsection.

SECTION6.

Said chapter is further amended by striking Code Section 40-5-51, relating to

suspension of driving privilege of nonresident, reporting convictions, suspensions.

and revocations ofnonresidents, and inserting in its place the following:

'40-5-51.

(a) The privilege of driving a motor vehicle on the highways of this state given

to a nonresident under this chapter shall be subject to suspension or revocation

by the department only when suspension or revocation is required by law fur the

violation. No points shall be assessed as provided in Code Section 40-5-57 fur

any violation committed by a nonresident.

.

(b) The department is required, upon receiving a record of the conviction in tbiS
state of a nonresident driver of a motor vehicle of any offense, to forward 1

certified copy of such record to the motor vehicle administrator in the state

wherein the person so convicted is a resident.

(c) When a nonresident's operating privilege is suspended or revoked. the

department shall forward a certified copy of the record of such action to the

motor vehicle administrator in the state wherein such person resides."

GEORGIA lAWS 2004 SESSION

753

SECTION?. Said chapter is further amended in Code Section 40-5-54, relating to mandatory suspension of license and notice of suspension, by striking subsection (b) of said Code section and inserting in its place the following:
'(b) All judges of all courts having jurisdiction of the offenses set forth in subsection (a) of this Code section shall, at the time of sentencing, give notice to the defendant on forms prescribed by the department of the suspension of the defendant's driver s license. The period of suspension shall be determined by the department for the term authorized by law. The court shall forward the notice of suspension and the defendant's driver s license to the department within ten days from the date of conviction. The department shall notifY the defendant of the period of suspension at the address provided by the defendant.n

SECTIONS. Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to inspection of motor vehicles, is amended in Code Section 40-8-9, relating to compliance with federal provisions, by striking said Code section and inserting in its place the following:
'40-8-9. It shall be unlawful to operate in this state any truck or truck tractor having a gross weight of 43,000 or more pounds which does not comply with the vehicle identification rules of the commissioner promulgated pursuant to Chapter 7 of Title 46 and Chapter 16 of this title or the vehicle identification rules of the United States Department of Transportation."

SECTION9. Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting accidents and giving proof of financial responsibility, is amended in Code Section 40-9-3, relating to administration of chapter, rules and regulations, hearings, and appeals, by striking subsection (a) of said Code section and inserting in its place the following:
'(a) The commissioner shall administer and enforce this chapter and is authorized to adopt and enforce rules and regulations necessary for its administration. The commissioner shall prescribe suitable forms requisite or deemed necessary for the purposes of this chapter."

SECTION 10. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

754

GENERAL ACTS AND RESOLUTIONS, VOL. I

INSURANCE-E-MAIL NOTICES AND ORDERS; INSURANCE FRAUD PENALTIES.

No. 583 (House Bill No. 1263).

AN ACT

To amend Title 33 ofthe Official Code of Georgia Atmotated, relating to insurance, so as to authorize service of orders and notices by electronic mail; to impose a penalty for violations; to apply the penalty provision to all violations of Code Section 33-1-9, relating to insurance fraud; to define the term "claim against a policy"; 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 33 of the Official Code of Georgia Atmotated, relating to insurance, is amended by adding a new subsection (d) to Code Section 33-2-10, relating to issuance and service oforders and notices, to read as follows:
'(d) In addition to the service provisions set forth in subsection (c) of this Code section, any order of the Commissioner issued to multiple recipients in the furm of a general directive, data call, or bulletin may be served by sending it by electronic mail, so that receipt is acknowledged by the recipient, to the electronic mail address on record in the Commissioner's office. The Commissioner shall also post such general directive, data call, or bulletin contemporaneously on the department's website."

SECTIONlA. Title 33 of the Official Code of Georgia Atmotated, relating to insurance, is amended by striking subsection (e) of Code Section 33-1-9, relating to insurance fraud, and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) A natural person convicted of a violation 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 ofnot more than $10,000.00, or both:

SECTION2.

Said title is further amended by striking subsection (b) of Code Section 33-24-46

of the Official Code of Georgia Atmotated, relating to cancellation and nonrenewal

of certain property insurance policies, and inserting in lieu thereof a new subsection

(b) to read as follows:

ch) As used in this Code section, the term: (I) 'Claim against a policy' means a contact

with

an

insurer

by

the

ms~ed

under the policy or an affected third party for the express purpose of seeldnB

payment of proceeds under the tenns ofthe policy in question. A report ofloSS

GEORGIA lAWS 2004 SESSION

755

or a question relating to coverage shall not independently establish a claim against a policy nor be considered as a claim under Article 2 of Chapter 6 of this title. (2) 'Nonrenewal' or 'nonrenewed' means a refusal by an insurer or an affiliate of an insurer to renew. Failure of an insured to pay the premium as required of the insured for renewal after the insurer has manifested a willingness to renew by delivering a renewal policy, renewal certificate, or other evidence of renewal to the named insured or his or her representative or has offered to issue a renewal policy, certificate, or other evidence of renewal or has manifested such intention by any other means shall not be construed to be a nonrenewal. (3) 'Policies' means a policy insuring a natural person as named insured against direct loss to residential real property and the contents thereo( as defined and limited in standard fire policies as approved by the Commissioner. (4) 'Renewal' means issuance and delivery by an insurer or an affiliate of such insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium. Any policy with a policy period or term of less than six months shall, for the purposes of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termination by its terms or by refusal to accept premiums shall be a cancellation subject to this Code section. Any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of such policy shall be deemed a refusal to renew.'

SECTION3. 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 oflaws in conflict with this Act are repealed.

Approved May 13,2004.

756

GENERAL ACTS AND RESOLUTIONS! VOL. I

CONSERVATION- IRRIGATION SYSTEMS; RAIN SENSORS.

No. 584 (House Bill No. 1277).

AN ACT

To amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, so as to prohibit the installation of certain landscape irrigation systems without rain sensor shut-off switches; to provide for punislunent for violations; 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 12 of the Official Code of Georgia Annotated, relating to general provisions relative to water resources, is amended by inserting a new Code section to read as follows:
'12-5-6. (a) As used in this Code section, the term 'rain sensor shut-off switch' means an electric device that detects and measures rainfall amounts and overrides the cycle of an irrigation system so as to turn off such system when a predetermined amount ofrain has fallen.
(b)(1) On and after January 1, 2005, no person shall install within the
Metropolitan North Georgia Water Planning District area created under Article 10 of this chapter any landscape irrigation system equipped with an electronic controller that does not have a rain sensor shut-off switch. (2) Paragraph (1) of this subsection shall not apply to either landscape
irrigation systems installed on golf courses, or any system dependent upon a
non-public water source.
(c)( 1) Any person who installs a landscape irrigation system equipped with alf
electronic controller in violation of this Code section shall be liable for a civill
penalty not exceeding $100.00 per violation. (2) The magistrate and municipal courts shall have jurisdiction in such cases."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13,2004.

GEORGIA LAWS 2004 SESSION

757

MOTOR VEHICLES - SPECIAL UCENSE PLATES; ROTARY; GIRL SCOUTS.

No. 585 (House Bill No. 1549).

AN ACT

To amend Chapter 2 ofTitle 40 ofthe Official Code of Georgia Atmotated, relating to registration and licensing of motor vehicles, so as to provide for special license plates supporting Rotary International; to provide for special license plates promoting Girl Scouts U.S.A; to provide for issuance, renewal, fees, licensing agreements, applications, transfers, and disposition of funds relative to such license plates; to provide for related matters; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws;
and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Atmotated, relating to registration and licensing of motor vehicles, is amended by adding a new Code Section 40-2-86.9 to read as follows:
'40-2-86.9. (a) There shall be issued beginning in 2005 special and distinctive vehicle license plates supporting Rotary International, subject to the conditions set forth in this Code section. (b) The commissioner, in cooperation with Rotary International, shall design special distinctive license plates to support Rotary International. The license plates must be of the same size as general issue motor vehicle license plates and shall include a unique design and identifYing number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left of the alphanumeric characters and shall be no larger than three inches by three inches. The license plate shall display the phrase 'Service Above Self' above and the numbers '1905-2005' below the logo ofRotary International. Such design shall not provide space in which to indicate the name of the county of issuance. The organization may request the assignment of the first of 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 for each license plate requested. (c) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise and at no cost to the state, received such licenses or other permissions as may be required for the use of the Rotary International logo or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to any

758

GENERAL ACTS AND RESOLUTIONS, VOL. I

organization or its licensor for the use by the state of such logo or design on

license plates authorized by this Code section. The commissioner may charge

fees, take other actions, and agree to or impose terms and conditions which might

normally be envisioned in licensing and cross-licensing agreements for the use

of designs and similar intellectual property. Without limitation, the

commissioner may agree to allow to others the exclusive or nonexclusive use of

the design of the special license plate. The design of the special license plate,
excepting only the Rotary International logo and motto 'Service Above Self and

the years 1905-2005 and any other part of the design owned by others and

licensed to the state, shall be owned solely by the State of Georgia for i1s

exclusive use and control, except as authorized by the commissioner. The

commissioner may take such steps as may be necessary to give notice of and

protect such right, including the copyright. However, such steps shall be

cumulative of the ownership and exclusive use and control established by this

subsection as a matter oflaw and no person shall reproduce or otherwise use such

design, except as authorized by the commissioner.

(d) Beginning in calendar year 2005, any Georgia resident who is the owner of

a motor vehicle, except a vehicle registered under the International Registration

Plan, upon complying with the motor vehicle laws relating to registration and

licensing of motor vehicles and upon the payment of a manufacturing fee of

$25.00 in addition to the regular motor vehicle registration fee shall be issued
license plate supporting Rotary International. Revalidation decals shall be issued

for such license plates in the same manner as provided for general issue license

plates.
(e) An applicant may request a license plate supporting Rotary International at

any time during the applicant's registration period. If such a license plate is to

replace a current valid license plate, such license plate shall be issued with

appropriate decals attached.

(f) No special license plate authorized pursuant to this Code section shall be

issued except upon the receipt by the department of at least 1,000 applicatiOD&

The special license plate shall have an application period of two years after the
effective date of this Code section, for payment of the manufacturing fee. Aft
such time ifthe minimum number of applications is not met, the department shall

not continue to accept the manufacturing fee, and all fees shall be refunded to

applicants.

.

(g) The department shall not be required to continue to manufacture the special

license plate if the number of active registrations falls below 500 registrations at
any time during the five-year period as provided in subsection (b) of Code
Section 40-2-31. A current registrant may continue to renew such special~~
ag plate during his or her annual registration period upon payment of an addiUO
$25.00 annual special tag fee which fee shall be collected by the county tag
at the time of collection ofother registration fees and shall be remitted t~ the::

as provided in Code Section 40-2-34. The department may continue to_1ss_ue ChO
special license plates that it has in its inventory to assist in achievmg OO

minimum number of registrations. If the special license plate falls below 5

GEORGIA LAWS 2004 SESSION

759

active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-31, the department must receive 1,000 applications accompanied by the manufacturing fee to continue to manufacture the license plate. (h) Rotary International license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions ofCode Section 40-2-80. (i) Rotary International license plates shall be issued within 30 days of application once the requiren1ents ofthis Code section have been met:

SECTION2. Said chapter is further amended by adding a new Code Section 40-2-86.9 to read as follows:
'40-2-86.9. (a) In order to promote youth organizations that promote character development and leadership training and activities directly in support thereof, there shall be issued beginning January 1, 2005, special license plates promoting the Girl Scouts U.S.A., subject to the conditions set forth in this Code section. (b) The commissioner shall design special distinctive license plates appropriate to promote the Girl Scouts U.S.A. The license plates shall be of the same size as general issue motor vehicle license plates and shall include a unique design and identifying number, whereby the total number of characters does not exceed six. No two recipients shall receive identically numbered plates. The graphic on the special license plate shall be placed to the left ofthe alphanumeric characters and shall be no larger than three inches by three inches. The Girl Scouts U.S.A. may request the assignment of the first 100 in a series of license plates upon payment of an additional initial registration fee of $25.00 fur each license plate requested. (c) Notwithstanding the provisions of subsection (b) ofthis Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received any licenses or other permissions that may be required to implement this Code section. The design of the initial edition of the license plates, as well as the design of subsequent editions and excepting only any part or parts of the designs owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright or copyrights. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design or designs, except as authorized by the commissioner. (d) Beginning in calendar year 2005, any Georgia resident who is the owner of a motor vehicle, except a vehicle registered under the International Registration Plan, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee shall be issued a license plate promoting the Girl Scouts U.S.A. Revalidation decals shall be

760

GENERAL ACTS AND RESOLUTIONS, VOL. I

issued for such license plates in the same manner as provided for general issue

license plates.

(e)( I) From the additional $25.00 fee charged for the issuance and renewal of

the license plates authorized under this Code section, $2.00 shall be used by

the department for manufacturing and purchase costs, $13.00 shall be paid to

the general fund ofthe state treasury, and $1 0. 00 shall be exclusively dedicated

for the purpose of assisting youth organizations that promote characta'

development and leadership training, pursuant to Article III, Section IX,

Paragraph VI(n) of the Constitution. Such dedicated funds shall be

appropriated for such purpose to the Department of Community Affairs or such

other public agency as may be specified in the general or amended general

appropriations Act. The agency or organization ultimately making use of such

funds shall periodically provide to the commissioner an audit of the use ofthe

funds or other evidence of use of the funds satisfactory to the commissioner.

Any audit performed under Chapter 6 of Title 50 shall meet this auditing

requirement. If an audit demonstrates that the funds are not being used for the

purposes set forth in this Code section or ifthe required audit or evidence is not

provided to the commissioner, then the commissioner shall so notify the House

and Senate Appropriations Committees. Any funds appropriated pursuant to

this Code section shall not lapse. (2) Su~ject to the general appropriations process, it is the intent ofthe General

Assembly in the enactment ofthis Code section that the funds dedicated by this

subsection be made available for the ultimate use of a nonprofit organization.

Subject to the general appropriations process and the audit requirements ofthis

Code section, it is contemplated that such dedicated funds will be for the

ultimate use of the Girl Scouts U.S.A., if the General Assembly finds that the

license plate program and appropriation authorized by this Code section will

benefit both the state and the nonprofit organization having the ultimate use of

the dedicated funds.

(f) An applicant may request a Girl Scouts U.S.A. license plate any time during

the applicant's registration period. If such a license plate is to replace a currflll

valid license plate, the Girl Scouts U.S.A. license plate shall be issued with

appropriate decals attached.

(g) No special license plate authorized pursuant to this Code section shall be

issued except upon the application of at least 1,000 applications. The special

license plate shall have an application period of two years after January I, 2005,

for payment of the manufacturing fee. After such time if the minimum nUIIlb

of applications is not met, the department shall not continue to accept the

manufacturing fee, and all fees shall be refunded to applicants.

.

(h) The department shall not be required to continue to manufacture the special

license plate if the number of active registrations falls below 500 registrations at

any time during the five-year period as provided in subsection (b) of Code

Section 40-2-31. A current registrant may continue to renew such speciallictJJS8

plate during his or her annual registration period upon payment of an additional
$25.00 annual special tag fee, which fee shall be collected by the county ug

GEORGIA lAWS 2004 SESSION

761

agent at the time of collection of other registration fees and shall be remitted to the state as provided in Code Section 40-2-34. The department may continue to issue such special license plates that it has in its inventory to assist in achieving the minimum number ofregistrations. Ifthe special license plate falls below 500 active registrations at any time during the five-year period as provided in subsection (b) of Code Section 40-2-3I, manufacture of the license plates shall not be continued until the commissioner receives I,000 applications. (i) Girl Scouts U.S.A. license plates shall be transferred from one vehicle to another vehicle in accordance with the provisions of Code Section 40-2-80. 0) Girl Scouts U.S.A. license plates shall be issued within 30 days of application once the requirements ofthis Code section have been met."

SECTION3. Section 2 ofthis Act shall become effective on January I, 2005; provided, however, that Section 2 of this Act shall only become effective on January I, 2005, upon the ratification of a resolution at the November, 2004, state-wide general election, which resolution amends the Constitution of the State of Georgia so as to authorize the dedication of revenue from the sales of license plates to a general purpose relating to the nature of the special license plate. If such resolution is not ratified, Section 2 of this Act shall not become effective and shall stand repealed in its artiretyon January I, 2005, and no such motor vehicle license plates shall be issued pursuant to Section 2 ofthis Act.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 13, 2004.

CRIMES- PENAL INSTITUTIONS- PROBATION; ELECTRONIC MONITORING DEVICES; INTERFERENCE VIOlATIONS.
No. 587 (Senate Bill No. 469).
AN ACT
To amend Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, relating to criminal trespass and damage to property, and Code Section 42-8-35, relating to terms and conditions of probation, so as to provide for ltilization of electronic monitoring devices for probation and an offense related to ilkrlering with such device; to provide for legislative findings; to create a new offense for interfering with electronic monitoring devices; to provide the court with tdd.itional punishment tools for the criminal offenses against a victim who is a

762

GENERAL ACTS AND RESOLUTIONS, VOL. I

minor; to provide for fees related to monitoring; to provide for penalties; to provide 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. The General Assembly finds that the safety of the public is a paramount concern and that prison and jail overcrowding and the high cost of incarceration demand a cost effective and innovative approach to protecting communities from dangerous offenders while at the same time providing alternatives to, or bridges to and from incarceration. Under appropriate conditions and limitations, electronic monitoring devices provide the criminal justice system with a tool that should be considered under proper circumstances. Electronic monitoring devices offer effective m~ to track individuals and may reduce criminal recidivism as well as provide the ~ with monetary savings since the cost of an electronic monitoring device is far l~
than the cost of incarcerating an individual and an individual may be able to pay fur
the device. The criminal penalties provided by this Act are designed to encourage the use of electronic monitoring devices while at the same time discourage
interference with these devices.

SECTION2.

Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated.

relating to criminal trespass and damage to property, is amended by adding a new

Code Section 16-7-29, to read as follows:

'16-7-29.

(a) It shall be unlawful for any person to knowingly and without authority

remove, destroy, or circumvent the operation of an electronic monitoring device

which is being used for the purpose ofmonitoring a person who is:

(1) Complying with a home arrest program as set forth in Code Section

4(22)-1W-8~aring an electronic monitoring device as a condition of bond or pretrial

release;

(3) Wearing an electronic monitoring device as a condition ofprobation; or

(4) Wearing an electronic monitor as a condition ofparole.

.

(b) It shall be unlawful for any person to knowingly and without authoritY

request or solicit any other person to remove, destroy, or circumvent the

operation of an electronic monitoring device which is being used for the purposes

described in subsection (a) ofthis Code section. (c) For purposes of this Code section, the term

'electronic

monitoring

d~.

shall include any device that is utilized to track the location of a person.

of

(d) Any person who violates this Code section shall be guilty of the offense
tampering with the operation of an electronic monitoring device and shall bt

punished by imprisonment for not less than one nor more than 5 years.'

GEORGIA LAWS 2004 SESSION

763

SECTION3. Code Section 42-8-35 of the Official Code of Georgia Annotated, relating to terms
and conditions of probation, is amended by striking the Code section and inserting in lieu thereofthe following:
'42-8-35. (a) The court shall deterinine the terms and conditions of probation and may provide that the probationer shall:
(l) Avoid injurious and vicious habits; (2) Avoid persons or places ofdisreputable or harmful character; (3) Report to the probation supervisor as directed; (4) Permit the supervisor to visit the probationer at the probationer s home or elsewhere; (5) Work faithfully at suitable employment insofar as may be possible; (6) Remain within a specified location; (7) Make reparation or restitution to any aggrieved person for the damage or loss caused by the probationer s offense, in an amount to be deterinined by the court. Unless otherwise provided by law, no reparation or restitution to any aggrieved person for the damage or loss caused by the probationer s offense shall be made ifthe amow1t is in dispute unless the same has been adjudicated; (8) Make reparation or restitution as reimbursement to a mwricipality or county for the payment for medical care furnished the person while incarcerated pursuant to the provisions of Article 3 of Chapter 4 of this title. No reparation or restitution to a local governmental writ for the provision of medical care shall be made if the amount is in dispute unless the same has been adjudicated; (9) Repay the costs incurred by any mwricipality or county for wrongful actions by an inmate covered under the provisions of paragraph (1) of subsection (a) of Code Section 42-4-71; (I 0) Support the probationer s legal dependents to the best ofthe probationer s ability; (II) Violate no local, state, or federal laws and be of general good behavior; and ( I2) If permitted to move or travel to another state, agree to waive extradition from any jurisdiction where the probationer may be found and not contest any effort by any jurisdiction to return the probationer to this state. (b) In determining the terms and conditions of probation for a probationer who has been convicted of a crinlinal offense against a victim who is a minor as that phrase is defined in subparagraph (a)(4)(B) of Code Section 42-1-12, the court may provide that the probationer shall be: ( 1) Prohibited from entering or remaining present at a victim' s school, place of employment, place of residence, or other specified place at times when a victim is present or from entering or remaining present in areas where minors congregate, child care facilities, or schools as those terms are defined in subsection (a) of Code Section42-1-13;

764

GENERAL ACTS AND RESOLUTIONS, VOL. I

(2) Required to wear a device capable of tracking the location of the probationer by means including electronic surveillance or global positioning
systems. Unless the probationer is indigent, the department shall assess and
collect fees from the probationer for such monitoring at levels set by regulation by the department; and (3) Prohibited from seeking election to a Local Board of Education."
SECTION4. This Act shall become effective on January 1, 2005.

SECTIONS. All laws and parts oflaws in conflict with this Act are repealed.
Approved May 14, 2004.

PUBLIC OFFICERS - SECTION 401(a) SPECIALPAYPLANS.
No. 588 (Senate Bill No. 486).
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 the State
Personnel Board shall establish and administer a special pay plan qualified under
Section 40l(a) of the federal Internal Revenue Code; to define certain terms; to provide for participation; to provide for limitations; 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 18 of Title 45 of the Official Code of Georgia Annotated.
relating to deferred compensation plans, is amended by inserting at the end thereof
a new Code section to read as follows: "45-18-37. (a) As used in this Code section, the term:
(I) 'Special compensation' means compensation for terminal leave and sudl other compensation as the State Personnel Board deems appropriate under
federal regulations.
(2) 'Special pay plan' means a qualified retirement plan under Section 401(a)
ofthe federal Internal Revenue Code, 26 U.S.C. Section40l{a), whichrectuceS federal tax obligations on special compensation.

GEORGIA lAWS 2004 SESSION

765

(3) 'State employee' means any person, whether appointed or elected, who provides services for the state, including any state authority authorized to participate in the Employees Retirement System of Georgia under Chapter 2 ofTitle47. (4) 'Terminal leave' means accrued and unused annual leave which has not been forfeited at the time of a state employee s separation from service, not to exceed 360 hours. (b) The State Personnel Board shall establish and administer a special pay plan for the deferred payment of special compensation which reduces the federal tax obligation upon such payments. Such plan shall become effective not later than July I, 2005. Participation in such plan shall be mandatory for all retiring and terminating state employees age 55 and older whose compensation for terminal leave equals $1,000.00 or more. Payment options from the plan shall include, at a minimum, a lump sum payment to the employee within seven days after payments are made into the plan on his or her behalf in an amount equal to the entire amount of special compensation with earnings thereon, less any mandatory income tax withholding. The board may contract with any company qualified to do business in this state to provide such benefits. (c) Nothing in this Code section shall be construed so as to affect benefits under Chapter 2 ofTitle 47:

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 14,2004.

PUBUC UTIUTIES FAMILY VIOLENCE SHELTER LOCATION; CONFIDENTIAUTY.
No. 589 (Senate Bill No. 147).
AN ACT
To amend Chapter 5 ofTitle 46 ofthe Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to require telephone companies to file
plans with the Georgia Public Service Commission to provide for the confidentiality
offamily violence shelter locations; to provide for review of such plans; to provide
i>r related matters; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

766

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. This Act shall be known as and may be cited as the "Family Violence Shelter Confidentiality Act of2004."

SECTION2. Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code Section 46-5-7 to read as follows:
"46-5-7. (a) Prior to January 1, 2005, each person, corporation, or other entity that provides telephone service in this state and each person, corporation, or other entity that publishes, disseminates, or otherwise provides telephone directory information or listings of telephone subscribers in this state shall file a plan with the commission setting forth in detail how such person, corporation, or other entity will protect the confidentiality of the address or location of family violence shelters, as defined in Code Section 19-13-20, in this state. Such plan shall describe the manner in which the person, corporation, or other entity will identify all such shelters and the manner in which the person, corporation, or other entity will keep the location and address of such shelters confidential. (b) Such persons, corporations, and other entities shall update such plans at least every 24 months. (c) Such original and updated plans shall be approved by the commission within a reasonable time upon a determination that the plans are reasonably effective in identifYing the family violence shelters in the state and in maintaining the confidentiality of the location and address of such family violence shelters. Ifthe
commission determines that a plan is inadequate, it shall state the basis on which
the plan was determined to be inadequate and shall allow the person, corporation, or other entity filing such plan a period of not more than 30 days to file a revised plan that is acceptable to the commission. (d) Such plans shall not be open to examination by the public and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 ofTide 50. (e) Within three days of filing original plans or updates with the commission, each person, corporation, or other entity subject to this Code section shall submit a copy of all original plans, updated plans, and revised plans to the State Commission on Family Violence, which is authorized to provide conunt211S concerning such plans to the connnission in order to aid in review and approval of such plans. (f) The filing or approval of such plans shall not in any manner be a defense ~ any action or prosecution."

SECTION3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

GEORGIA lAWS 2004 SESSION

767

SECTION4.
All laws and parts oflaws in conflict with this Act are repealed.

Approved May 14,2004.

FOOD, DRUGS, AND COSMETICS -COMMON-SENSE CONSUMPTION REQUIREMENTS.
No. 590 (House Bill No. 1519).
AN ACT
To amend Chapter 2 of Title 26 ofthe Official Code ofGeorgia Annotated, relating to standards, labeling, and adulteration of food, so as to enact the "Common-sense Conswnption Act"; to provide for a short title; to provide for definitions; to provide fur limited liability of food manufacturers, packers, distributors, and others from claims relating to weight gain and obesity; to provide for exceptions to such liability; to provide for pleading requirements relating to claims; to provide for a stay during the pendency of any motion; to provide for applicability of claims; 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 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by adding a new article to read as follows:
"ARTICLE 16
26-2-430. This article shall be known and may be cited as the 'Common-sense Conswnption Act.'
26-2-431. As used in this article, the term:
(I) 'Claim' means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom assert.ed by or on behalf of any other person. (2) 'Federal act' means the Federal Food, Drug, and Cosmetic Act {Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.).

768

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) 'Generally-known condition allegedly caused by or allegedly likely to result from long-term consmnption' means a condition generally known to
result or likely to result from the cmnulative effect of consmnption and not from a single instance of conswuption. (4) 'Knowing and willful' means that:
(A) The conduct constituting a violation of federal or state law was committed with the intent to deceive or injure consmners or with actual knowledge that such conduct was injurious to consmners; and (B) The conduct constituting such violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency. (5) 'Other person' means any individual, corporation, company, association,
firm, partnership, society, joint-stock company, or other entity, including any
governmental entity or private attorney general.

26-2-432.
Except as provided in Code Section 26-2-433, a manufacturer, pack, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined iiJ. Section 201 (f) of the federal act, or an association of one or more such entities; shall not be subject to civil liability arising under any law of this state for any
claim arising out of weight gain, obesity, a health condition associated with' weight gain or obesity, or other generally-known condition allegedly caused by
or allegedly likely to result from long-term consmnption offood.

26-2-433. The limitation of liability provided for in Code Section 26-2-432 shall not preclude civil liability where the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally-known condition allegedly caused by or allegedly likely to result from long-term consmnption of food is based on:
( 1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of this state or of the United States and the claimed injury was proximately caused by such violation; or (2) Any other material violation of federal or state law applicable to the
manufacturing, marketing, distribution, advertising, labeling, or sale of fuod.
provided that such violation is knowing and willful and the claimed injury was proximately caused by such violation.

26-2-434. (a) In any action exempted under paragraph ( 1) of Code Section 26-2-433, the
complaint initiating such action shall state with particularity the following:
(1) The statute, regulation, or other law ofthis state or of the United States that
was allegedly violated; (2) The facts that are alleged to constitute a material violation of such statute. regulation, or other law; and

GEORGIA l.AWS 2004 SESSION

769

(3) The facts alleged to demonstrate that such violation proximately caused actual ~ury to the plaintiff. (b) In any action exempted under paragraph (2) of Code Section 26-2-433, in addition to the requirements of subsection (a) of this Code section, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was knowing and willful. For purposes ofthis article, the requirements of subsection (a) ofthis Code section are hereby deemed part of the substantive law of this state and not merely in the nature of procedural provisions.

26-2-435.
In any action exempted under Code Section 26-2-433, all discovery and other
proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue pr~udice to that party. During the pendency of any state of discovery pursuant to this Code section, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control ofsuch party and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under Title 9.

26-2-436. The provisions of this article shall apply to all covered claims pending on the effective date of this article and all claims filed thereafter, regardless ofwhen the claim arose.

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 14,2004.

770

GENERAL ACTS AND RESOLUTIONS, VOL. I

AlAN JACKSON HIGHWAY; DESIGNATE.

No. 591 (Senate Resolution No. 781).

A RESOLUTION

Designating the Alan Jackson Highway; and for other purposes.

WHEREAS, Alan Jackson has brought honor and distinction upon this state through his music having sold over 40 million records; earned 30 number one singles, of which he wrote or co-wrote 22; and won more than 80 major music industry awards; and
WHEREAS, it is fitting and proper that the outstanding accomplishments of Alan Jackson be recognized appropriately.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Interstate Highway 85 from the Coweta/Fulton county line to the Sharpsburg!McCollum exit in Coweta County be designated the Alan Jackson Highway.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the Alan Jackson 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 Department of Transportation.

Approved May 14, 2004.

STATE GOVERNMENT- OPEN RECORDS EXEMPTION; MINORS IDENTIFYING INFORMATION.
No. 592 (House Bill No. 1358).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated. relating to public records exempted from inspection by members of the gentf'al public, so as to provide an exemption for certain records including identi~S information for minors; to provide for disclosure of records with such informauon

GEORGIA LAWS 2004 SESSION

771

redacted; to provide for conflict<; of law; 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 50-18-72 of the Official Code of Georgia Annotated, relating to public records exempted from inspection by members of the general public, is amended in subsection (a) by striking "or" at the end of paragraph (15); by striking the period at the end of paragraph (16) and inserting in lieu thereof"; or"; and by inserting a new paragraph to be designated paragraph (17) to read as follows:
'( 17) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted."

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 14,2004.

JOY N. KLEEMAN MEMORIAL BIKEWAY; DESIGNATE.
No. 593 (House Resolution No. 1404).
A RESOLUTION
Designating the Joy N. Kleeman Memorial Bikeway; and for other purposes.
WHEREAS, Joy N. Kleeman was a lifetime resident of Savannah, Chatham County; and
WHEREAS, after having earned her bachelor s degree in English and master's degree in education from Armstrong State College, Joy N. Kleeman became a high school teacher and media specialist and by her chosen profession touched the lives ofthousands ofyoung people; and

772

GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, Joy N. Kleeman also served the commtmity as a role model through her involvement with civic and Christian organizations and as a devoted mother to George, John, and Champ and wife to Carl G. Kleeman III, who lived on Talahi Island in unincorporated Chatham County; and

WHEREAS, an ardent bicycle rider, Joy N. Kleeman was killed while on her bicycle the morning of December 8, 1998, as she attempted to cross State Route 26 (US 80) on Talahi Island; and

WHEREAS, subsequent to her death, the Georgia Department of Transportation completed a widening project of State Route 26 (US 80) on Talahi Island, including a new bikeway, from the Turners Creek Bridge to the Bull River Bridge; and

WHEREAS, it is abundantly fitting and proper that Joy N. Kleeman s contributions as an educator, civic leader, and Christian be appropriately recognized, especially because her tragic death on a bicycle occurred where a bikeway does not exist.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge that the bikeway on State Route 26 (US 80) from Bryan Woods Road to the Bull River Bridge in the unincorporated area of Chatham County be designated as the Joy N. Kleeman Memorial Bikeway.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the Joy N. Kleeman Memorial Bikeway.

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 family of Joy N. Kleeman.

Approved April20, 2004.

REVENUE- CERTAIN CONSTRUCTION PERMITS; APPLY BY MAIL OR ELECTRONICALLY.
No. 594 (House Bill No. 1598).
AN ACT
To amend Article I of Chapter 13 of Title 48 of the Official Code of Geo~
Annotated, relating to general provisions concerning specific, business, . occupation taxes, so as to provide that counties and mtmicipalities that requn:e permits for the installation, replacement, or improvement ofheating, ventilation, 8lt

GEORGIA LAWS 2004 SESSION

773

conditioning, plwnbing, or electrical systems in a building or structure shall permit applicants to apply for such permits by mail or through certain electronic media and shall provide for certain alternative means of paying any fees associated with the issuance of such permits; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 1 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions concerning specific, business, and occupation taxes, is amended by inserting a new Code Section 48-13-29 to read as follows:
'48-13-29. (a) Every county and municipality that requires a permit for the installation, replacement, or improvement of heating, ventilation, air conditioning, plwnbing, or electrical equipment or systems within a building or structure within its jurisdiction shall ensure that the permit process of such county or municipality conforms to the provisions ofthis Code section. (b) In addition to applying in person for a heating, ventilation, air conditioning, plwnbing, or electrical permit, every county and municipality subject to this Code section shall provide a method by which an applicant can apply for a heating, ventilation, air conditioning, plwnbing, or electrical permit by mail or through electronic media without having to apply in person. Acceptable electronic media includes, but is not limited to, facsimile transmission. Electronic mail and Internet websites also may be used at the discretion of the county or municipality. Once the application is received, the county or municipality may approve or disapprove the permit according to the rules, regulations, and ordinances of the county or municipality. A county or municipality may require the applicant to appear in person when such applicant applies for a permit for the first time with such county or municipality. Applications sent by mail shall include payment by check or money order for any fees, unless the amount of such fees is not available from the county or municipality. Applicants using the mail to make applications shall bear the responsibility of any delays in the county or municipality receiving such applications. (c) In addition to paying by cash any fees for the issuance of a heating, ventilation, air conditioning, plwnbing, or electrical permit, every county and municipality subject to this Code section may provide for the payment of such fees through the use of one or more of the following methods and may add an additional fee, not to exceed the actual cost to the county or municipality, for the cost ofproviding for and processing such payments:
(1) By use of a check; (2) By use of a money order; (3) By use of a major credit card; (4) By use of a bank draft or wire transfer;

774

GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) By the establishment of an accoWit by the applicant with the COWlty or mWlicipality which the coWity or mWlicipality can debit for the payment ofthe fees; or (6) By the establishment of a delayed or deferred payment method, to be established by a written policy of the coWity or mWlicipality, by which the applicant can mail or deliver payment for the fees within a reasonable period o f time. (d) If an applicant's payment ofthe fee is dishonored by the financial institution on which it is drawn, the coWity or mWlicipality shall notifY the applicant and give the applicant a reasonable period of time, which shall be not less than three business days after receiving notice, to pay the fee, including any interest and penalties, and any additional fees or charges incurred by the coWity or mWlicipality as a result of the dishonor. If the applicant does not pay the fee within the specified period of time, the coWity or mWlicipality may invalidate the permit and assess fines and other penalties on the applicant. Such invalidation
shall result in the permit being a total nullity and may subject the applicant to all
penalties for failure to have a proper permit for the construction, renovation, installation, replacement, or improvement of the building or structure. In addition, if an applicant's payment of the delayed or deferred permit fees is dishonored, the coWity or mWlicipality may revoke or suspend the applicant's authority to utilize such payment method in future applications. (e) Nothing in this Code section shall require any coWity or mWlicipality to establish a system of permits for the construction, renovation, installation, replacement, or improvement of a building or structure. (f) Nothing in this Code section shall require any coWity or mWlicipality to accept plans or specifications by mail or electronic means. If a coWity or mWlicipality chooses to accept plans or specifications by mail or electronic means, the coWity or mWlicipality may specifY the format in which such plans or specifications shall be submitted. Failure to submit such plans or specifications in the format required by the coWity or mWlicipality shall be a basis for r~ecting such plans or specifications by the coWity or mWlicipality."

SECTION2. This Act shall become effective on January 1, 2005.
SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 14,2004.

GEORGIA lAWS 2004 SESSION

775

CRIMINAL PROCEDURE- PENAL INSTITUTIONS-PROBATION
MANAGEMENT; COMPREHENSIVE PROVISIONS.

No. 595 (HouseBillNo. 1161).

AN ACT

To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, and Title 42 ofthe Official Code ofGeorgia Annotated, relating to penal institutions, so as to provide for comprehensive provisions regarding management of probationers; to change certain provisions regarding suspension or probation of sentence; to change certain provisions regarding documents required to be part of
a sentence package; to change certain provisions regarding the continuing
jurisdiction of a sentencing judge over a probationer; to change certain provisions regarding terms and conditions of probation; to change certain conditions relating to community service; to provide for implementation of a specialized continuum of probation supervision; to provide for a short title; to provide for definitions; to provide for procedures, conditions, appeal, and limitations with respect to the sentencing options system; to provide for powers, duties, and authority of the department of corrections, the commissioner of corrections, chief probation officers, and sentencing courts; to provide for applicability and construction of such provisions; to provide for automatic repeal; to provide for an effective date; to
repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking paragraph (I) of subsection (a) of Code Section 17-10-1, relating to the suspension or probation of sentence, and inserting in its place a new paragraph (I) to read as follows:
"(a)( I) Except in cases in which life imprisonment, life without parole, or the death penalty may be imposed, upon a verdict or plea of guilty in any case involving a misdemeanor or felony, and after a presentence hearing, the judge fixing the sentence shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime. The judge imposing the sentence is granted power and authority to suspend or probate all or any part of the entire sentence under such rules and regulations as the judge deems proper, including service of a probated sentence in the sentencing options system, as provided by Article 9 ofChapter 8 ofTitle 42, and including the authority to revoke the suspension or probation when the defendant has violated any of the rules and regulations prescribed by the court, even before

776

GENERAL ACTS AND RESOLUTIONS, VOL. I

the probationary period has begun, subject to the conditions set out in this subsection; provided, however, that such action shall be subject to the provisions ofCode Section 17-10-6.1.'

SECTION2. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended in subsection (a) of Code Section 42-5-50, relating to documents required to be part of a sentence package, by deleting "and" from the end of paragraph (3), deleting the period and substituting "; and" at the end of paragraph (4), and inserting a new paragraph (5) at the end thereofto read as follows:
"(5) A copy ofthe sentencing information report is required in all jurisdictions with an options system day reporting center certified by the Department of Corrections. The failure to provide the sentencing information report shall not cause an increase in the 15 day time period for the department to assign the inmate to a correctional institution a<J set forth in subsection (b) of this Code Section:

SECTION3. Said title is further amended by striking subsection (g) of Code Section 42-8-34,
relating to continuing jurisdiction of the sentencing judge over a probationer, and
inserting in its place a new subsection (g) to read as follows: "(g) The sentencing judge shall not lose jurisdiction over any person placed on probation during the term of the person's probated sentence. The judge is empowered to revoke any or all ofthe probated sentence, rescind any or all ofthe sentence, or, in any manner deemed advisable by the judge, to modifY or change the probated sentence, including ordering the probationer into the sentencing options system, as provided in Article 9 of this chapter, at any time during the period oftime prescribed for the probated sentence to run.

SECTION4.
Said title is further amended in Code Section 42-8-35, relating to terms and
conditions of probation, by deleting "and" from the end of paragraph (11 ), deleting the period and substituting"; and" at the end ofparagraph (12), and inserting a new paragraph (13) at the end thereof to read as follows:
"( 13) Submit to evaluations and testing relating to rehabilitation and participate in and successfully complete rehabilitative programming as directed by the department.

SECTIONS.
Said title is further amended by inserting immediately following Code section
d: 42-8-35.6 a new Code Section 42-8-35.7 to read as follows: "42-8-35.7. Unless the court has ordered more frequent such screenings, it shall be the of each probation supervisor to administer or have administered a drug alcohol screening not less than once every 60 days to any person who is placed

GEORGIA lAWS 2004 SESSION

777

on probation and who, as a condition of such probation, is required to undergo regular, random drug and alcohol screenings, provided that the drug and alcohol screenings required by this Code section shall be performed only to the extent that necessary funds therefor are appropriated in the state budget.

SECTION6. Said title is further amended by striking subsection (e) of Code Section 42-8-72, relating to community service as a condition of probation, and inserting in lieu thereof the following:
'(e) Community service hours may be added to original court ordered hours as a disciplinary action by the court, as an additional requirement of any program in lieu of incarceration, or as part of d1e sentencing options system as set forth in Article 9 ofthis chapter.'

SECTION7. Said tide is further amended by inserting a new article at the end of Chapter 8, relating to probation, to be designated Article 9, to read as follows:

'ARTICLE 9

42-8-150. This article shall be known and may be cited as the 'Probation Management Act of2004.'

42-8-151. For purposes ofthis article, the term:
(1) 'Commissioner' means the commissioner of corrections. (2) 'Chief probation officer' means the highest ranking field probation officer in each judicial circuit. (3) 'Department' means the Department of Corrections. (4) 'Electronic monitoring' means supervising, mapping, or tracking the location of a probationer by means including electronic surveillance; voice recognition; facial recognition; fingerprinting or biometric scan; automated kiosk; automobile ignition interlock device; or global positioning systems which may coordinate data with crime scene information. (5) 'Hearing officer' means an impartial department employee or representative who has been selected and appointed to hear alleged cases regarding violations ofprobation for administrative sanctioning. (6) 'Initial sanction' means the sanction set by the judge upon initial sentencing. (7) 'Intensive probation' means a level of probation supervision which includes, but is not limited to, curfews, community service, drug testing, program participation, special conditions of probation, and general conditions ofprobation as set forth in Code Section 42-8-35.

778

GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) 'Options system day reporting center' means a state facility providing supervision of probationers which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, all special conditions of probation, and general conditions of probation as set forth in Code Section 42-8-35. (9) 'Options system probationer' means a probationer who has been sentenced to the sentencing options system. (1 0) 'Probation supervision' means a level of probation supervision which includes, but is not limited to, general conditions of probation as set forth in Code Section 42-8-35 and all special conditions ofprobation. ( 11) 'Residential substance abuse treatment facility' means a state correctional facility that provides inpatient treatment for alcohol and drug abuse. (12) 'Sentencing options system' means a continuum of sanctions for probationers that includes the sanctions set forth in subsection (c) of Code Section 42-8-153.

42-8-152. (a) In addition to any other terms or conditions of probation provided for under this chapter, the trial judge may provide that defendants who are sentenced to probation pursuant to subsection (c) of Code Section 42-8-34 be ordered to the sentencing options system. (b) Where a defendant has been sentenced to the sentencing options system, the court shall retain jurisdiction throughout the period of the probated sentence as provided in subsection (g) of Code Section 42-8-34, and may modifY or revoke
any part of a probated sentence as provided in Code Section 42-8-34.1 and
subsection (c) of Code Section 42-8-38.

42-8-153. (a) The department is authorized to establish by rules and regulations a system of administrative sanctions as an alternative to judicial modifications or revocations for probationers who violate the terms and conditions of the sentencing options system established under this article. The department may not, however, sanction probationers for violations of special conditions of probation or general conditions of probation for which the sentencing judge has expressed an intention that such violations be heard by the court pursuant to code Section 42-8-34.1. (b) The department shall only impose restrictions which are equal to or less restrictive than the initial sanction set by the sentencing judge.
(c) The administrative sanctions which may be imposed by the department are
as follows, from most restrictive to least restrictive: (1) Probation detention center or residential substance abuse treatment facility;
(2) Probation boot camp; (3) Probation diversion center; (4) Intensive probation; (5) Options system day reporting center;

GEORGIA LAWS 2004 SESSION

779

(6) Electronic monitoring; (7) Community service; or (8) Probation supervision.

42-8-154. Whenever an options system probationer is arrested on a warrant for an alleged violation of probation, an informal preliminary hearing shall be held within a reasonable time not to exceed 15 days. However, a preliminary hearing is not required if the probationer is not under arrest on a warrant, or if the probationer has signed a waiver of a preliminary hearing.

42-8-155. (a) If an options system probationer violates the conditions of probation, the department may impose administrative sanctions as an alternative to judicial modification or revocation ofprobation. (b) Upon issuance of a petition outlining the alleged probation violations, the chief probation officer, or his or her designee, may conduct a hearing to determine whether an options system probationer has violated a condition of probation. If the chief probation officer determines that the probationer has violated a condition of probation, the chief probation officer is authorized to impose sanctions consistent with paragraphs (4) through (8) of subsection (c) of Code Section 42-8-153. The failure of an options system probationer to comply with a sanction imposed by the chiefprobation officer shall constitute a violation o f probation.
(c)(1) Upon issuance of a petition outlining the alleged probation violations, the hearing officer may initiate an administrative proceeding to determine whether an options system probationer has violated a condition of probation. If the hearing officer determines by a preponderance of the evidence that the probationer has violated a condition of probation, the hearing officer may impose sanctions consistent with Code Section 42-8-15 3. (2) The administrative proceeding provided for under this subsection shall be commenced within 15 days, but not less than 48 hours after notice of the administrative proceeding has been served on the probationer. The administrative proceeding may be conducted electronically. (d) The failure of a probationer to comply with the sanction or sanctions imposed by the chief probation officer or hearing officer shall constitute a violation of probation. (e) An options system probationer may at any time waive a hearing and voluntarily accept the sanctions proposed by the department.

42-8-156. (a) The hearing officer's decision shall be final unless the options system probationer files an appeal in the sentencing court. Such appeal shall name the commissioner as defendant and shall be filed within 30 days of the issuance of the decision by the department.

780

GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) This appeal shall be first reviewed by the judge upon the record. At the judge s discretion, a de novo hearing may be held on the decision. The filing of the appeal shall not stay the department's decision. (c) Where the sentencing judge does not act on the appeal within 30 days ofthe date of the filing of the appeal, the department's decision shall be affirmed by operation oflaw.

42-8-157. Nothing contained in this article shall be construed as repealing any power given to any court ofthis state to place offenders on probation or to supervise offenders.

42-8-158. This article shall only apply in counties that have an options system day reporting center certified by the department.

42-8-159. This article shall be liberally construed so that its purposes may be achieved.

48-8-160. This article shall be repealed in its entirety on July 1, 2006.'

SECTIONS. This Act shall become effective on July 1, 2004.
SECTION9. All laws and parts oflaws in conflict with this Act are repealed.
Approved May 14,2004.

COURTS- DOMESTIC REIATIONS- REUNIFICATION PLANS;
CUSTODY EVALUATOR; CERTAIN GUARDIANS; UMITED UABIUTY.
No. 596 (House Bill No. 1632).
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 certain matters relating to a child under circumstances where one parent has been convicted ofthe murder ofthe child's other parent; to amend certain provisions relating to reunification; to all1(21(1

GEORGIA LAWS 2004 SESSION

781

certain provisions relating to grounds for termination of parental rights; to amend
Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, so as to provide for limited civil liability for a court appointed custody evaluator or court appointed guardian ad litem under certain circwnstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTIONl. Chapter 11 of Title 15 of the Official Code of Georgia Armotated, relating to juvenile proceedings, is amended by striking paragraph (4) of subsection (a) and subsection (m) of Code Section 15-11-58 of the Official Code of Georgia Annotated, relating to reunification plans, and inserting in lieu thereof the following:
'(4) Reasonable efforts of the type described in paragraph (2) of this subsection shall not be required to be made with respect to a parent of a child if a court ofcompetent jurisdiction has determined that:
(A) The parent has subjected the child to aggravated circwnstances which may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse; (B) The parent has:
(i) Committed murder of another child ofthe parent; (ii) Been convicted ofthe murder of the other parent ofthe child; (iii) Committed voluntary manslaughter of another child ofthe parent; (iv) Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child ofthe parent; or (v) Committed a felony assault that results in serious bodily injury to the child or another child of the parent; or (C) The parental rights of the parent to a sibling have been terminated involuntarily;' '(m) In the event that a child has been in foster care under the responsibility of the Division of Family and Children Services of the Department of Hwnan Resources for 15 of the most recent 22 months, or, if the court has determined a child to be an abandoned infant, as set forth in subsection (b) of Code Section 15-11-94, or has made a determination that the parent has committed murder of another child of the parent; been convicted of the murder of the other parent of the child; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent, or committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent, the department shall file a petition to terminate the parental rights of the child" s parents or, if such a petition has been filed by another party, seek to be joined as a party to the petition, and, concurrently, to identifY, recruit, process, and approve

782

GENERAL ACTS AND RESOLUTIONS, VOL. I

a qualified family for an adoption, unless, at the option of the Division of Family and Children Services of the Department of Human Resources, the child is being cared for by a relative; the case plan documents a compelling reason for determining that filing such a petition would not be in the best interests of the child; or the Division of Family and Children Services of the Department of Human Resources has not provided to the family of the child, consistent with the specific time frames for the accomplishment ofthe case plan goals, such services deemed necessary for the safe return ofthe child to the child's home:

SECTION2. Said chapter is further amended by striking Code Section 15-11-94, relating to grounds fur termination of parental rights, and inserting in lieu thereof the following:
'15-11-94. (a) In considering the termination of parental rights, the court shall first determine whether there is present clear and convincing evidence of parental misconduct or inability as provided in subsection (b) of this Code section. If there is clear and convincing evidence of such parental misconduct or inability, the court shall then consider whether termination of parental rights is in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need for a secure and stable home. If the court finds clear and convincing evidence of the circUlllStance provided in paragraph (5) of subsection (b) of this Code section, the court shall presume that termination of parental rights is in the best interest ofthe child. (b) Except as provided in subsections (e) through (h) of Code Section 15-11-96, the court by order may terminate the parental rights of a parent with respect to the parent's child if:
(I) The written consent ofthe parent, acknowledged before the court, has bem given; provided, however, that acknowledgment before the court is not necessary where the parent or parents voluntarily surrender the child for adoption as provided by subsection (e) ofCode Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; (2) A decree has been entered by a court of competent jurisdiction of this or any other state ordering the parent, guardian, or other custodian to support the child, and the parent, guardian, or other custodian has wantonly and willfullY failed to comply with the order for a period of 12 months or longer; (3) The parent has abandoned the child or the child was left under circUlllStances that the identity of the parent is unknown and cannot be ascertained despite diligent searching, and the parent has not come forward to claim the child within three months following the finding ofthe child;
(4){A) The court determines parental misconduct or inability by findin8
that:

GEORGIA IAWS 2004 SESSION

783

(i) The child is a deprived child, as such term is defined in Code Section 15-11-2; (ii) The lack of proper parental care or control by the parent in question is the cause ofthe child" s status as deprived; (iii) Such cause of deprivation is likely to continue or will not likely be remedied; and (iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. (B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following: (i) A medically verifiable deficiency of the parenfs physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs ofthe child; (ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs ofthe child; (iii) Conviction ofthe parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relationship; (iv) Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature; (v) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; and (vi) Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. (C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of the proceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights: (i) To develop and maintain a parental bond with the child in a meaningful, supportive manner; (ii) To provide for the care and support of the child as required by law or judicial decree; and (iii) To comply with a court ordered plan designed to reunite the child with the parent or parents; or (5) The parent has been convicted ofthe murder ofthe child" s other parent.

784

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) If the court does not make an order of termination of parental rights, it may grant an order lUlder Code Section 15-11-55 if the court finds from clear and convincing evidence that the child is a deprived child.

SECTION3. Code Section 19-9-3 of the Official Code of Georgia Annotated, relating to discretion of court in custody disputes, right of child 14 years old or older to select custodial parent, right of visitation rights, grandparent visitation, and policy, is amended by striking paragraph (6) of subsection (a) of said Code section and inserting in its place the following:
"(6) The court is authorized to order a psychological custody evaluation ofthe family or an independent medical evaluation. In addition to the privilege afforded a witness, neither a court appointed custody evaluator nor a court appointed guardian ad litem shall be subject to civil liability resulting from any act or failure to act in the perfom1ance of his or her duties unless such act or failure to act was in bad faith.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 14, 2004.

WATERS - RIVER AND HARBOR DEVELOPMENT.
No. 597 (House Bill No. 727).
AN ACT
To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to change certain provisions relating to river and harbor development; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 52 of the Official Code of Georgia Annotated, relating to waters ofthe state. ports, and watercraft, is amended by striking Chapter 9, relating to river and harbor development, and inserting in lieu thereof the following:

GEORGIA lAWS 2004 SESSION

785

"CHAPTER 9
52-9-1. The General Assembly recognizes the need for maintaining navigation inlets, harbors, and rivers to promote commercial and recreational uses of our coastal waters and their resources. The General Assembly further recognizes that dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers, often alter the natural drift of sand resources within the littoral zone. This alteration can be exacerbated when the sand resources are deposited in designated upland or offshore disposal areas instead of being returned to the natural river-sand transport-beach system. This alteration can adversely impact natural resources, recreation, tourism, and associated coastal economies. Moreover, the General Assembly believes in the duties of government to protect life and property. Therefore, it is the policy of this state that there shall be no net loss of sand from the state s coastal barrier beaches resulting from dredging activities to deepen or maintain navigation channels within tidal inlets, as well as the entrances to harbors and rivers.

52-9-2. (a) With regard to all sand that is suitable for beach replenishment originating from the dredging of navigation channels within tidal inlets, as well as the entrances to harbors and rivers:
(1) Such sand shall be used to replenish the adjacent coastal beaches, if feasible, either by deposition of sand into the near shore littoral zone or direct placement on affected beaches; (2) If such sand is placed elsewhere, then a quality and quantity of sand from an alternate location necessary to mitigate any adverse effects caused by the dredging shall be used to replenish affected coastal beaches; provided, however that this paragraph shall apply only where beach replenishment is necessary to mitigate effects from the dredging and dredged material removal from the natural river-sand transport-beach system of a specific project and beach replenishment from another source is the least costly environmentally sound mitigation option; (3) The disposition of sand shall be completed in cooperation with and, when required by applicable state or federal law, with the approval of the local governing authority and the Department of Natural Resources according to the requirements of Part. 2 of Article 4 of Chapter 5 of Title 12, the 'Shore Protection Act'; and (4) All such activities shall provide protection to coastal marshlands as defined in paragraph (3) of Code Section 12-5-282 and to nesting sea turtles and hatchlings and their habitats. (b) The Department of Natural Resources and the party undertaking the dredging shall coordinate to determine the option under subsection (a) of this Code section for beach replenishment that is most beneficial to the adjacent or affected coastal beaches, including, where applicable, identifYing an alternate source of sand for purposes of paragraph (2) of subsection (a) of this Code

786

GENERAL ACTS AND RESOLUTIONS, VOL. I

section, after taking into consideration enviromnental impacts and any limitation of applicable state and federal law."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 14,2004.

PROFESSIONS - RESIDENTIAL AND GENERAL CONTRACTORS; liCENSURE.
No. 598 (House Bill No. 1003).
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to create the State Licensing Board for Residential and General Contractors; to define certain tenns; to provide for the composition, powers, and duties of the board; to provide for the licensing of residential and general contractors; to provide for fees and an examination; to provide for the revocation of licenses; to provide for the renewal of licenses; to provide penalties for engaging in residential or general contracting without a valid license; to provide for exceptions; 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 I.
Title 43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by adding a new Chapter 41 to read as follows:
"CHAPTER41
43-41-1. It is the intent of the General Assembly, in the interest of public health, safety, and welfare, to safeguard homeowners, other property owners, tenants, and the general public against faulty, inadequate, inefficient, and unsafe residential IID:d general contractors. The practice of residential and general contracting ~ declared to be a business or profession affecting the public interest and thiS chapter shall be liberally construed so as to accomplish the intent and purposes stated in this Code section.

GEORGIA LAWS 2004 SESSION

787

43-41-2. As used in this chapter, the tenn:
(1) 'Board' means the State licensing Board fur Residential and General Contractors. (2) 'Business organization' means any partnership, corporation, limited liability entity, business trust, joint venture, or other legal entity, other than an individual person, doing business or seeking, offering, or contracting to do business as a contractor or otherwise performing or acting as a contractor as defined in this Code section. (3) 'Contracting' means performing or causing to be performed any of the activities set forth in paragraphs (4), (5), (9), (10), and (11) ofthis Code section which define the types of contractors. The offering of contracting services and the negotiation of or bid or proposal for engagement or a contract requiring performance ofthese services also constitutes contracting. (4) 'Contractor,' except as specifically exempted by this chapter, means a person who is qualified under this chapter and who, for compensation, contracts to, offers to undertake or undertakes to, submits a bid or a proposal to, or personally or by others performs the construction or the management of the construction of improvements to real property for an owner, including the construction or improvement of, addition to, or the repair, alteration, remodeling, or demolition of any building, bridge, or other structure, including related improvements to the real property, for use by the owner or by others or for resale to others. The tenn 'contractor' for purposes of this chapter shall include a person who contracts to, undertakes to, or submits a bid or proposal to perform, or otherwise does himself or herselfperform, for an owner:
(A) Construction management services relative to the performance by others of such construction activities where the person performing such construction management services is at risk contractually to the owner for the performance and cost ofthe construction; and (B) Services of a contractor as part ofperformance of design-build services, whether as a prime contractor, joint venture partner, or as a subcontractor to a design professional acting as prime contractor as part. of a design-build entity or combination. Both residential and general contractors, in addition to contractors licensed under Chapter 14 of this title to perform such work or any component thereof, shall be permitted to construct storm-water management systems comprising any storm-water conveyance or storm-water detention facility that moves storm or surface water from a specific point on a wholly contained construction project site to another specific point on the same project site and which are wholly contained within the project site and are not part of or connected to any public or private water treatment system, waste-water treatment system, or storm-water system. (5) 'General contractor' means a contractor whose services are unlimited as to the type of work which he or she may do and who may contract for, undertake to perform, submit a bid or a proposal or otherwise offer to perform, and

788

GENERAL ACTS AND RESOLUTIONS, VOL. I

perform any activity or work as a contractor requiring licensure Wider this

chapter including within its scope any work requiring licensure Wider Chapter

14 of this title; provided, however, that any work contractually Wldertaken by

a general contractor in the nature of electrical contracting, plumbing,

conditioned air contracting, low voltage contracting, or utility contracting

which falls within the licensing requirements of Chapter 14 ofthis title may not

be performed by the general contractor but shall only be performed by a person

who is duly licensed to perform such work Wlder Chapter 14 of this title. The

construction of all private, commercial, institutional, industrial, public, and

other buildings and structures Wlder contract with or engagement directly by

an owner shall be Wldertaken by a general contractor, except as otherwise

expressly set forth in or excluded from operation ofthis chapter.

(6) An 'owner' of real property means a person or entity that has a m1Yority

ownership interest in the real property to be improved and for whom an

improvement is made or who contracts with or engages, directly or through an

agent, the contractor to perform the construction work or services.

(7) 'Qualifying agent' means a person who possesses the requisite skill,

knowledge, and experience and has the responsibility to supervise, direct,

manage, and control all of the contracting activities of a contractor doing

business in the form of a business organization, with which he or she is

affiliated by employment or ownership; who has the responsibility to

supervise, direct, manage, and control construction activities on a job for which

he or she has obtained the building permit; and whose technical and personal

qualifications have been determined by investigation and examination as

provided in this chapter, as attested by the division.

(8) 'Real property' means the real estate, or an interest therein, that is

improved, including leaseholds, tenements, and easements, and improvements

constructed or placed thereon.

(9) 'Residential contractor' means any contractor who may contract fur,

Wldertake to perform, submit a bid or a proposal or otherwise offer to perform.

and perform any activity or work as a contractor requiring licensure Wlder this

chapter for a fixed price, commission, fee, wage, or other compensation or who

Wldertakes any activity or work on his or her own behalf or for any person or

business organization that is not licensed as a licensed residential contractor

pursuant to this chapter where such activity or work falls into the category of

residential-basic contractor or residential-light commercial contractor as

defined in this Code section and where the total value of the work or activity

or of the compensation to be received by the contractor for such activity or

work, whichever is the higher, exceeds $2,500.00. The term 'residential

contractor' shall include both a residential-basic contractor and a

residential-light commercial contractor, except where otherwise expressly

stated. The work or activity performed by a residential contractor may include

within its provided,

scope any work requiring licensure Wider Chapter 14 however, that any work contractually Wldertaken by

aorf ethsiisdtei~ne~;

contractor in the nature of electrical contracting, plumbing, conditioned aJJ'

GEORGIA lAWS 2004 SESSION

789

contracting, low voltage contracting, or utility contracting which falls within the licensing requirements of Chapter 14 of this title may not be performed by the residential contractor but shall only be performed by a person who is duly licensed to perform such work under Chapter 14 ofthis title. (10) 'Residential-basic contractor' means and encompasses a person who performs contractor work or activity relative to detached one-family and two-family residences and one-family townhouses not over three stories in height and their accessory buildings and structures; (11) 'Residential-light commercial contractor' means and encompasses a person who performs any contractor work or activity performed by a residential-basic contractor and, additionally, shall include such contractor work or activity related to multifamily and multiuse light commercial buildings and structures, and their related accessory buildings and structures, which are less than four stories in height; less than 25,000 square feet in aggregate interior floor space, except as otherwise provided in this chapter; and are constructed of wood or light gauge metal frame, brick veneer, prefabricated, or manufactured type of construction; or are preengineered steel buildings not exceeding 50,000 square feet of interior floor space; provided that such buildings or structures are not of the type of building or structure that would constitute a special hazard to property or to life and safety of persons as defined in subparagraphs (A), (C), (D), (E), (F), (G), (G.1), (H), (I), and (J) and subparagraph (B), as it applies to a building of four or more stories, of paragraph (I) of subsection (b) of Code Section 25-2-13. (12) 'Specialty contractor' means a contractor whose scope of work and responsibility is oflimited scope dealing with only a specific trade and directly related and ancillary work and whose performance is limited to such specialty construction work requiring special skill and requiring specialized building trades or crafts, including, but not limited to, such activities, work, or services requiring licensure under Chapter 14 of this title.

43-41-3. (a) There is created the State Licensing Board for Residential and General Contractors consisting of 14 members, ten of whom shall be appointed by the Governor for five-year terms, two of whom shall be appointed by the Speaker of the House of Representatives for five-year terms, and two of whom shall be appointed by the Senate Committee on Assignments or successor by Senate Rule fur five-year terms. The board shall be assigned to the Secretary of State's office fur administrative purposes and shall be under the jurisdiction of the division director and shall operate in accordance with and pursuant to the provisions of ' Chapter I of this title, as applicable. The board shall be comprised of two divisions: the residential contractor division, having jurisdiction of and authority over the two subcategories ofresidential contracting, residential-basic contractors 'and residential-light commercial contractors, and the general contractor division. Seven members shall be appointed and serve as members of the residential contractor division of the board and seven members shall be appointed and serve

790

GENERAL ACTS AND RESOLUTIONS, VOL. I

as members ofthe general contractor division of the board. Members shall serve until the expiration of their respective terms and until their successors are appointed and qualified. Vacancies occurring during a term shall be filled by appointment of the Governor for the remainder of the unexpired term and such replacement shall meet the requirements and criteria of selection of the person previously holding the vacant position. To be eligible to serve on the respective divisions of the board, each contractor member shall be and remain actively involved in the construction contracting business and shall have been so engaged for a period ofnot less than five consecutive years before the date of appointment in the particular contracting business, as a residential contractor or general contractor, corresponding to the division for which such person is appointed. Any contractor members whose term continues after or who are appointed to terms commencing two years from the date that this chapter becomes effective must also have been licensed and certified by the respective division of the board to operate as a contractor in the category to which the member is appointed. The position of any appointive member of the board who, during his or her term of appointment, shall cease to meet the qualifications for original appointment shall be immediately vacated. No member of the board shall be appointed to serve more than two full terms. (b) The residential contractor division shall consist of seven members, one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the Senate Committee on Assignments, and,
except as otherwise expressly stated in this chapter, shall have jurisdiction ofand
authority over the practice of the two subcategories of residential contracting, residential-basic contractors and residential-light commercial contractors. Five members shall be residential contractors eligible for licensure under this chapttr.
The members appointed by the Speaker of the House of Representatives and the
Senate Committee on Assignments or successor by Senate Rule shall be residential contractors. Effective July 1 of the second year after this chapter becomes effective, all residential contractor members shall be required to be licensed under this chapter. At least two of the residential contractor membtJ'S shall be qualified to perform residential-light commercial type projects; three shall be qualified and shall predominantly perform residential-basic type projects; one shall be a residential contractor whose business predominately involvts remodeling projects; one shall be a residential contractor who constructs at least an average of 20 residences per year; and all must be geographically diverse. One member shall be a public building official and one member shall be a public member. The public member shall have no ties with the residential construCtion industry and shall represent the interests of the public at large. The initial
member terms on the residential contractor division shall be staggered so that all
terms do not expire simultaneously. Three members shall serve initial terms of five years, three members shall serve initial terms of four years, and one memba'
shall serve an initial term of three years. The residential contractor division shall
meet at least six times each year for the purpose of transacting such busintsS as
may properly come before it.

GEORGIA lAWS 2004 SESSION

791

(c) The general contractor division shall consist of seven members, one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the Senate Committee on Assignments or successor by Senate Rule, and, except as otherwise expressly stated in this chapter, shall have jurisdiction of and authority over the practice of general contracting. Five members shall be general contractors eligible for licensure under this chapter. The members appointed by the Speaker of the House of Representatives and the Senate Committee on Assignments or successor by Senate Rule shall be general contractors. Effective July 1 of the second year after this chapter becomes effective, all general contractor members shall be required to be licensed under this chapter. At least two of the general contractor members shall be small volume builders with an annual contracting volume of less than $5 million and all of whom must be geographically diverse. One member shall be a currently licensed or registered architect or engineer and one member shall be a public building official. The initial member terms on the general contractor division shall be staggered so that all terms do not expire simultaneously. Three members, including at least two contractor members, shall serve initial terms of five years; three members, including at least two contractor members, shall serve initial terms of four years; and one member shall serve an initial term of three years. The general contractor division shall meet at least six times each year for the purpose oftransacting such business as may properly come befure it.

43-41-4. (a) The initial members of the board shall be appointed no later than July 30 of the year in which this chapter becomes effective. The board shall meet within 30 days after its appointment at a time and place to be designated by the Governor and organize by electing a chairperson and a vice chairperson, each to serve for a one year term. (b) The office of chairperson of the board shall be rotated between the two divisions enumerated in this chapter, with the office of vice chairperson to be held by a member of the division other than that in which the chairperson serves, unless the board, through its rules and regulations, provides otherwise. Any vacancy in the office of chairperson shall be filled by the members for the unexpired term. The person selected to fill the vacancy shall be a member of the same division as the chairperson whose departure has created the vacancy. (c) The board shall meet at the call of the chairperson or upon the recommendation of a majority of its members. Eight members of the board, including at least three members from each of its divisions, shall constitute a quorum for transaction ofbusiness by the board. (d) Each division within the board shall also elect from its membership a chairperson and a vice chairperson who shall each serve for a term of two years. Any vacancy in the office of either the chairperson or vice chairperson shall be filled by one ofthe members of the respective division for the unexpired term. (e) Any member elected chairperson of a division may not serve more than two consecutive full terms ofoffice.

792

GENERAL ACTS AND RESOLUTIONS, VOL. I

(f) Each division shall carry out its powers and duties as provided for in this
chapter with the assistance of the division director and staff of the professional licensing boards division of the Secretary of State s office and the officers and staff of the board. Each division of the board shall operate and transact its business independently of tl1e other division and of the board at large, except as required by this chapter and to the extent of common interests and functions, including staffing and administration. Each division of the board shall have delegated from the board the power and authority to take all appropriate actions in the organization and administration of each respective division and the effectuation and implementation of the licensing and enforcement processes required under this chapter, subject to ultimate oversight and review by the board (g) The divisions of the board shall meet at the call of the chairperson of the division.
(h) The board shall not take action on any matter specifically delegated to and
under the authority and control of the one of its divisions unless at least four of its members from the affected division are present and participating in such action or decision. (i) The division director, or his or her designee, shall keep a record of the proceedings ofthe board and its respective divisions.

43-41-5. (a) The board shall meet at least twice each year for the purpose of transacting such business as may properly come before it and of overseeing the operation of its divisions.
(b) The board and its divisions shall have the power to:
(I) Request from the various departments, agencies, and authorities of the
state and its political subdivisions and their agencies and authorities such available information as they may require in their work; and all such departments, agencies, and authorities shall furnish such requested available information to the board and its divisions within a reasonable time; (2) Provide by regulation for reciprocity with other states or territories of the United States in the licensing of residential and general contractors, provided that such other states have requirements substantially equal to the requiremoots
in force in this state for registration, licensure, or certification and that any such
contractor holding a current and valid license, certificate, or registration from
another state or territory seeking licensure by way of reciprocity shall
demonstrate that such applicant meets, in the discretion of the respectiVe
division, the qualifications, requirements, and criteria set forth in Code section 43-41-6, other than the requirement to take and pass an exanlination ass~
forth in subsection (d) of Code Section 43-41-6, and that such applicant JS otherwise in compliance with all requirements of the State of Georgia for
transaction of such business within this state; provided, further, that a similal' privilege is offered to residents ofthis state by the other state or territory; (3) Establish and adjust fees as necessary within the limits set forth in Chapter I ofthis title;

GEORGIA LAWS 2004 SESSION

793

(4) Adopt official seals for their use and change them at pleasure; (5) Establish the policies and procedures for regulating the businesses of residential contracting and general contracting; (6) Determine qualifications for licensure or certification, including such experience requirements as the board deems necessary; and (7) Promulgate and adopt rules and regulations necessary to carry out this chapter. (c) Regarding the powers and authorities conferred by this Code section relative to the residential-light commercial contractor subcategory of the residential contractor classification under this chapter, due to the characteristics of such subcategory, such powers and authorities shall be delegated to and conferred upon, in the first instance, a combined and overlapping subdivision comprising fuur members of both of the divisions, two of whom shall be the residential-light commercial qualified members of the residential contractor division and two of whom shall be the small volume qualified members of the general contractor division, with neither division having sole oversight and control of such powers and authorities. The chairperson of such combined subdivision shall be rotated annually between the chairperson of the residential contractor division and the chairperson of the general contractor division, with the residential contractor chairperson initially serving as chairperson. The combined subdivision shall meet at the call of such chairperson. However, regarding the actual issuance of licenses under this chapter for residential-light commercial contracting and any powers and authorities relative to administration, oversight, control, or disciplinary action of persons issued such licenses, pursuant to Code Sections 43-41-10,43-41-11,43-41-13,43-41-15, and43-41-16, the residential contractor division shall have full power and authority. Any determinations made or actions taken by this subdivision shall be subject to the ultimate review, oversight, control, power, and authority ofthe board. (d)( 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 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 residential or general contracting 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

794

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 or applicant and the legal counsel ofthat licensee or

applicant.

(e) A person, firm, corporation, association, authority, or other entity shall be

immune from civil and criminal liability for reporting or investigating the acts or
omissions of a licensee or applicant which violate the provisions of this chapttr

or any other provision of law relating to a licensee s or applicant" s fitn~ to

practice as a licensed residential or general contractor or for initiating or

conducting proceedings against such licensee or applicant, if such report is made

or action is taken in good faith, without fraud or malice.

(f) The denial of a license on grounds other than those enumerated in this

chapter, the issuance of a private reprimand, the denial of a license by reciprocity,

the denial of a request for reinstatement of a revoked license, or the refusal to

issue a previously denied license 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 Chapter 13 of Title 50

shall not be required, but the applicant or licensee shall be allowed to appear

before the board ifhe or she so requests.

(g) If any licensee or applicant fails to appear at any hearing after reasonable

notice, the board may proceed to hear the evidence against such licensee or

applicant and take action as if such licensee or applicant had been presrot. A

notice of hearing, initial or recommended decision, or final decision ofthe board

in a disciplinary proceeding shall be served upon the licensee 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 or

applicant cannot, after diligent effort, be located, the division director shall be

deemed to be the agent for service for such licensee or applicant for purposes of

this Code section, and service upon the division director shall be deemed to be

service upon the licensee or applicant.

(h) The voluntary surrender of a license shall have the same effect as a

revocation of the license, subject to reinstatement in the discretion of the board

(i) This Code section shall apply equally to all licensees or applicants whethtl'

individuals, partners, or members of any other incorporated or unincorporated

a: associations, corporations, business organizations, or other associations of aJJ'/
kind whatsoever. (j) All subpoenas issued pursuant to the authority granted in this chapter shall

subject to expenses,

the and

general rules of law with protective orders; and any

respect motion

mtoaddeiswtanitcher, etsepnedcetrthoefrefetoes~

be made to and passed on by a judge of the superior court of the county 0

residence ofthe person to whom the subpoena is directed.

GEORGIA lAWS 2004 SESSION

795

43-41-6. (a) Anyone seeking to be licensed as a residential contractor or as a general contractor in this state shall file an application on a form provided by the residential contractor or general contractor division, respectively, accompanied by an application fee as provided by the board Such an application may be submitted either by:
(I) An individual person seeking issuance of a license in his or her own name for purposes of engaging in the profession of residential or general contracting in his or her own name or doing business as an individual in a trade name as a sole proprietorship; or (2) An individual person affiliated by ownership or employment with and acting as a qualifying agent for a business organization seeking to engage in the profession of residential or general contracting in the name of the business organization in accordance with and pursuant to Code Section 43-4I-9. Additionally, all applicants must submit to and successfully pass an examination prepared by the appropriate division, except where an applicant is otherwise qualified for licensure and has satisfied the appropriate division requirements and regulations for licensure pursuant to Code Section 43-4I-8 exempting such applicant from the examination requirement or where the applicant is an individual acting as a qualifYing agent for a business organization and has previously obtained and maintained continuously a license issued by the appropriate division. (b) A person shall be eligible for licensure as a residential-basic contractor by the residential contractor division if the person: (I) Is at least 2I years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, and integrity; (3) Has at least two years of proven experience working as or in the employment of a residential contractor, predominantly in the residential-basic category, or other proven experience deemed substantially similar by the division; and (4) Has had significant responsibility for the successful performance and completion of at least two projects falling within the residential-basic category in the two years immediately preceding application. (c) A person shall be eligible for licensure as a residential-light commercial contractor by the residential-light commercial subdivision if the person: (I) Is at least 21 years of age; (2) Is of a good character and is otherwise qualified as to competency, ability, and integrity; (3) Meets eligibility requirements according to one ofthe following criteria:
(A) Has received a baccalaureate degree from an accredited four-year college or university in the field of engineering, architecture, construction management, building construction, or other field acceptable to the division and has at least one year of proven experience working as or in the

796

GENERAL ACTS AND RESOLUTIONS, VOL. I

employment of a residential contractor, general contractor, or other proven

experience deemed substantially similar by the division;

(B) Has a combination acceptable to the division of academic credits from

any accredited college-level courses and proven practical experience

working as or in the employment of a residential contractor, general

contractor, or other proven experience deemed substantially similar by the

division equaling at least four years in the aggregate. For purposes of this

subparagraph, all university, college, junior college, or community

college-level courses shall be considered accredited college-level courses;

or

(C) Has a total of at least four years of proven active experience working in

a construction industry related field, at least two of which shall have been as

or in the employment of a residential contractor, or other proven experience

deemed acceptable by the division; and

(4) Has had significant responsibility for the successful performance and

completion of at least two projects falling within the residence-light

commercial category in the four years immediately preceding application.

(d) A person shall be eligible for licensure as a general contractor by the general

contractor division ifthe person:

(1) Is at least 21 years of age;

(2) Is of a good character and is otherwise qualified as to competency, ability,

integrity, and financial responsibility; and

(3) Meets eligibility requirements according to one ofthe following criteria:

(A) Has received a baccalaureate degree from an accredited four-year

college or university in the field of engineering, architecture, construction

management, building construction, or other field acceptable to the division

and has at least one year of proven experience working as or in the

employment of a general contractor or other proven experience deemed

substantially similar by the division;

(B) Has a combination acceptable to the division of academic credits from

any accredited college-level courses and proven practical experience

working as or in the employment of a general contractor or other provtll

experience deemed substantially similar by the division equaling at least four

years in the aggregate. For purposes of this subparagraph, all university,

college, junior college, or community college-level courses shall be

considered accredited college-level courses; or

(C) Has a total of at least four years of proven active experience working in
a construction industry related field, at least two of which shall have been as

or in the employment of a general contractor, or other proven experience

deemed acceptable by the division and at least one of which shall have been in or relating to administration, marketing, accounting, estimating, dr~

engineering, supervision, or project management, or functions deem

substantially similar by the division.



(e) Before being entitled to take an examination or otherwise qualifY for iss~

of a license, an applicant must show to the satisfaction of the residenUal

GEORGIA lAWS 2004 SESSION

797

contractor division or general contractor division from the application and proofs furnished that the applicant is possessed of a good character and is otherwise qualified as to competency, ability, integrity, and financial responsibility. The application shall include a list of all persons, entities, and business organizations that the applicant will be affiliated with as a licensed residential contractor or general contractor, whether by way of employment, ownership, serving as an owner or director, partnership, or membership or by serving as a qualifying agent under this chapter. Applicants for a general contractor license shall provide proof of a minimum net worth in an amount which is specified by the general contractor division. Additionally, all applicants shall provide proof of general liability insurance and of workers' compensation insurance as required by the laws of this state in their name. However, if and to the extent the applicant is submitted as a person seeking to act as a qualifying agent of a particular business organization, such proofs and information shall relate and pertain to such business organization rather than the individual applicant, subject to the limitations set forth in subsection (d) of Code Section 43-41-9. All applicants shall also provide their social security numbers, if applying as an individual, or the federal taxpayer identification numbers of any business organization for which the applicant is seeking licensure as a qualifying agent. Applicants for a general contractor's license shall also provide suitable verification of tax payments in a form and manner and for the duration prescribed by the general contractor division; provided, however, that where the application is seeking license as a qualifying agent of a business organization, such tax verification and information shall relate and pertain to that business organization. The decision of the appropriate division as to the qualifications of applicants shall, in the absence of fraud, be conclusive. A certificate by the insurer or other appropriate evidence of such coverages shall be maintained with the appropriate division and shall be a condition of renewal. A licensee, on his or her own behalf or where acting as a qualifying agent on behalf of the business organization so qualified, must notify the appropriate division in writing within 30 days of any changes in the information required to be on file with such division, including, but not limited to, the licensee's and, ifthe licensee is acting as a qualifying agent for any business organization, such business organization's current mailing address, insurance coverages, and affiliated entities.
(f)( I) The residential contractor division and the general contractor division shall each conduct an examination of all qualified applicants, except those exempted from the examination requirement pursuant to Code Section 43-41-8. (2) The residential contractor division shall conduct separate examinations for applicants for residential-basic and residential-light commercial licenses for the purpose of determining a particular applicant's ability to make a practical application ofhis or her knowledge of the profession of residential contracting in the particular subcategory for which a license is sought; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to such residential contracting business; his or her

798

GENERAL ACTS AND RESOLUTIONS, VOL. I

knowledge as to the responsibilities of a residential contractor to the public and to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to residential-basic and residential light-commercial contractors, construction, workers compensation, insurance, and liens. (3) The general contractor division shall conduct an examination to ascertain the particular applicant's ability to make a practical application of his or her knowledge ofthe profession ofcommercial general contracting; the applicant's qualifications in reading plans and specifications; his or her knowledge of building codes, estimating costs, construction, ethics, contracting, and other similar matters pertaining to the general contracting business; his or her
knowledge as to the responsibilities of a general contractor to the public and
to owners, subcontractors, and suppliers; and his or her knowledge of the requirements of the laws of this state relating to general contractors, construction, workers compensation, insurance, surety bonding, and liens. (4) If the results of the applicant's examination are satisfactory to the appropriate division, or he or she is exempted from the examination requirement Wider Code Section 43-41-8, and if he or she and any affiliated business organization has met the other qualifications and requirements set forth in this Code section, then the appropriate division shall issue to the applicant a license to engage in business as a residential or general contractor in this state, as provided in such license, in his or her own name as a sole
proprietor or as a qualifying agent for the affiliated business organization and
in the name of such business organization, pursuant to and in accordance with the requirements set forth in Code Section 43-41-9. A residential contracting license shall indicate for which of the two subcategories, residential-basic or residential-light commercial, the licensee is qualified. (g) Any otherwise qualified applicant failing this examination may be
reexamined at any regularly scheduled examination within one year of the date of original application upon payment of a reexamination fee, in an amoWlt to be
set by the board, without need to resubmit an application, unless any information set forth in the previously submitted application is no longer accurate or complete. Anyone requesting to take the examination a third or subsequent time
shall wait at least one calendar year after the taking of the last examination and
shall submit an application with the appropriate examination fees. (h) A residential contractor license, indicating whether relating to the residential-basic or residential-light commercial category, or general contractor license shall be issued to an applicant who successfully completes the respective requirements therefor upon the payment offees prescribed by the board. (i) Such licenses shall be renewable biennially. Licenses may be renewed subsequent to their expiration within six months of the date of expiration by mailing written application for renewal and paying a late renewal fee ~ determined by the board. After six months has elapsed from the date 0
expiration, such license may be reinstated in accordance with the rules and
regulations ofthe board.

GEORGIA LAWS 2004 SESSION

799

(j) The division director shall give advance notice by mail to each person holding a license under this chapter of the date of the expiration of the certificate of registration and the amount of the fee required for renewal at least one month prior to the expiration date, but the failure to receive such notice shall not avoid the expiration of any license not renewed in accordance with this Code section. (k) As a condition of renewal, the appropriate division may require licensees to complete division approved continuing education of not more than three hours annually for a residential-basic license, six hours annually for a residential-light commercial license, and eight hours annually for a general contractor license.

43-41-7. A licensed residential contractor and any affiliated entities shall offer a written warranty in connection with each contract to construct, or superintend or manage the construction of, any single family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00. The residential contractor division shall establish the minimum requirements of such warranty. The parties to the warranty may agree to submit any or all disputes arising under the warranty to arbitration. Such agreement to arbitrate shall be enforceable as provided in Part 1 of Article 1 of Chapter 9 of Title 9, the 'Georgia Arbitration Code.'

43-41-8. (a) Notwithstanding any other provision of this chapter to the contrary, the following persons desiring to qualifY for a residential contractor license or a general contractor license under the provisions ofthis chapter shall be eligible for issuance of such a license by the appropriate division without examination, provided that such person submits a proper application and proofs, pays or has paid the required fees, otherwise meets the requirements of Code Section 43-41-6 for licensure, and is not otherwise in violation ofthis chapter:
(1) Any person who holds a current and valid license to engage in the comparable category of residential or general contracting issued to him or her by any governing authority of any political subdivision of this state which requires passing an examination which is substantially similar to the state examination for residential or general contractors, provided that such person is a Georgia resident and citizen, if an individual applying in his or her own behalf, or is seeking licensure as a qualifYing agent for a business organization incorporated in Georgia or otht-Twise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years immediately preceding such application; provided, further, that the examination results are made available to the appropriate division. Such application and request for exemption must be submitted within the time limits set forth in subsection (a) ofCode Section 43-41-17; (2) Any person who has successfully and efficiently engaged in the comparable category of residential or general contracting in this state as

800

GENERAL ACTS AND RESOLUTIONS, VOL. I

provided in this Code section; provided, however, that such person shall be either a resident and citizen of the state of Georgia or, if applying as a qualifYing agent for a business organization, such business organization shall be either incorporated in Georgia or is a business organization otherwise authorized and certified to transact business in Georgia with a regular office and place of business in Georgia currently and having had such office and place of business continuously for the five years innnediately preceding such application; provided, further, that such application and request for exemption is submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. To prove that he or she has successfully engaged in residential-basic or residential-light commercial projects, the person shall be required to give evidence of three successful projects located in Georgia which wff'e successfully completed over the period of five years innnediately prior to the time of application; evidence of ten successfully completed residential-basic or residential-light commercial projects located in Georgia over the period of ten years innnediately prior to the time of application; or evidence that he or she has participated in or been engaged in residential-basic or residential-light commercial construction in a supervisory or management capacity for seven of the ten years innnediately prior to the time of application. To prove that he or she has successfully engaged in commercial general contracting, the person submitting the application shall be required to give evidence of five successful general contracting projects located in Georgia which were successfully completed over the period of five years immediately prior to the time of application or evidence of ten successful general contracting projects located in Georgia which were successfully completed over the period of ten years innnediately prior to the time of application, such projects having been performed either by such person acting as an individual or by a business
organization in which such individual person was affiliated by employment or
ownership and over which such person had general oversight and management responsibilities; and (3) Any person who holds a current and valid license to practice a comparable
category of residential or general contracting issued by another state or
territory of the United States, where either such state or territory has entered into a reciprocal agreement with the board and divisions for the recognition of contractor licenses issued in that state or territory, or such application is pursuant to and in accordance with the regulations and requirements for
reciprocity promulgated by the divisions in accordance with subsection (b) of
Code Section 43-41-5. Additionally, such application shall meet the followiDB requirements:
(A) The criteria for issuance of such license or certification by such other state or territory, including the requirement to successfully complete 811 examination, were substantially equivalent to Georgia's current liceDS' criteria; (B) The application requirements and application form submitted to : :
other state or territory upon which such license was issued and

GEORGIA IAWS 2004 SESSION

801

examination form and substance are available for review by the appropriate division and the examination results are made available to the division; (C) The applicant shall demonstrate that he or she meets the qualifications, requirements, and criteria set forth in subsections (a), (b), (c), and (d) of Code Section 43-41-6; and (D) The applicant is otherwise in compliance with all requirements of this state for transaction of such business within this state; provided, however, that such application and request for exemption shall be submitted within the time limits set forth in subsection (a) of Code Section 43-41-17. (b) Any applicant for issuance of a residential contractor or general contractor license under this title who shall seek exemption from the examination requirement under subsection (t) of Code Section 43-41-6, on any basis set forth above, shall have the burden of establishing to the satisfaction and within the discretion of tl1e appropriate division that the requirements for such exemption have been satisfied The decision of such division as to the satisfaction of the requirements for such exemption from taking the examination shall, in the absence of fraud, be conclusive.

43-41-9. (a) If an individual applicant proposes to engage in residential or general contracting in the individual's own name or a trade name where the individual is doing business as a sole proprietorship, the license shall be issued only to that individual. Where an applicant under this chapter is seeking issuance of a residential or general contractor license on behalf and for the benefit of a business organization seeking to engage in residential or general contracting as a business organization, or in any name other than the applicant's legal name or trade name where the applicant is doing business as a sole proprietorship, the application for a license under this chapter must be submitted by and through an individual qualifYing agent for such business organization or entity and expressly on behalf of such business organization or entity. In such case, the license shall be issued to the individual qualifYing agent and to the affiliated business organization or entity on whose behalf the application was made. It shall be unlawful for any person, firm, corporation, or association to operate a business organization or entity engaged in the business of residential or general contracting without first obtaining a license from the appropriate division. The appropriate division shall not issue a license to any business organization or entity to engage in residential or general contracting unless such business organization or entity employs at least one currently licensed residential or general contractor who is actually engaged in the practice of residential or general contracting for such business organization or entity on a full-time basis and provides adequate supervision and is responsible for the projects of such business organization or entity. A business organization may allow more than one person to act as a qualifying agent for such organization, subject to each such individual qualifYing agent having successfully satisfied the requirements for issuance of a license under this chapter and having obtained issuance of such a license by the appropriate division. Each such

802

GENERAL ACTS AND RESOLUTIONS, VOL. I

business organization shall have at least one qualifying agent in order to be considered authorized to engage in such contracting business. (b) The application for a license by a qualifying agent must include an affidavit on a form provided by the board attesting that the individual applicant has final approval authority for all construction work performed by the business organization or entity and that the individual applicant has final approval authority on all business matters, including contracts and contract performance and financial affairs ofthe business organization or entity. (c) A joint venture is considered a separate and distinct organization for licensing purposes under this chapter and must be qualified and licensed in accordance with the appropriate division s rules and regulations either:
(1) In its own name as a separate business organization; or (2) By each ofthe members ofthe joint venture doing business as a residential contractor or general contractor holding, as an individual or as a business organization acting through its qualifying agent, a valid and current residential or general contractor s license issued by the appropriate division. Each such licensed individual or qualifying agent shall be considered a qualifYing agent of such joint venture. (d) If, during the period encompassed by a license issued to a qualifying agent acting for and on behalf of an affiliated business organization, there is a change in any information that is required to be stated on the application, the business organization shall, within 45 days after such change occurs, mail the correct information to the appropriate division. (e)( 1) At least one qualifying agent shall be licensed under this chapter in order for the business organization to obtain a license as a residential or general contractor. If any qualifying agent ceases to be affiliated with such business organization, for any reason, he or she shall so inform the division having jurisdiction. In addition, if such qualifying agent is the only qualifying agent licensed hereunder affiliated with the business organization, the business organization shall promptly notifY the appropriate division of the termination of the relationship with that qualifying agent and shall have 120 days from the termination of the qualifying agent" s affiliation with the business organization to employ another qualifying agent and submit an application for licensure under the new qualifying agent. The submission ofsuch application shall sa-ve to maintain the licensed status ofthe business organization pending and subject to approval of such application by the appropriate division; provided that, should such application be denied by that division, then, after passage of the
120 day period, the business organization shall cease to be considered licens~
as a residential or a general contractor unless and until a new application IS
submitted and approved by the appropriate division. In such circumstance, the
affected business organization may not thereafter engage in residential or
general contracting until a new qualifying agent is employed, unless the appropriate division has granted a temporary nonrenewable license to the financially responsible officer, the president or chief executive officer, a partner, or, in the case of a limited partnership, the general partner, wbO

GEORGIA LAWS 2004 SESSION

803

thereafter shall asswne all responsibilities of a qualifying agent for the business organization or entity. This temporary license shall only allow the entity to proceed with incomplete contracts already in progress. For the purposes ofthis paragraph, an incomplete contract is one which has been awarded to, or entered into by, the business organization prior to the cessation of affiliation of the qualifying agent with the business organization or one on which the business organization was the low bidder and the contract is subsequently awarded, regardless ofwhether any actual work has commenced Wider the contract prior to the qualifying agent ceasing to be affiliated with the business organization. (2) The qualifying agent shall inform the division having jurisdiction in writing when he or she proposes to engage in contracting in his or her own name or in affiliation with another business organization, and he or she or such new business organization shall supply the same information to the division as required of applicants Wider this chapter. Such person shall be deemed to be a licensed residential or general contractor for the original term of his or her license, provided that he or she qualified for such license based on his or her own personal qualifications as to financial responsibility and insurance. Otherwise, such individual shall be required to submit a new application demonstrating satisfaction of such financial and insurance requirements himself or herself or by the business organization he or she desires to qualify, but such person shall be entitled to continue engaging in the business of residential or general contracting in accordance with and Wider his or her previously issued license unless and Witil the appropriate division determines that the person seeking issuance of the license no longer meets these requirements. (3) Upon a favorable determination by the division having jurisdiction, after investigation of the financial responsibility, if applicable, and insurance of the qualifying agent and the new business organization, the division shall issue, without an examination, a new license in the name of the qualifying agent and in the name ofthe new affiliated business organization. (f) Disciplinary action and other sanctions provided in this chapter may be administered against a business organization operating Wider a license issued through its licensed qualifying agent or agents in the same manner and on the same groWids as disciplinary actions or sanctions against an individual or license holder acting as its qualifying agent Wider this chapter. The divisions or the board may deny the license to a qualifying agent for any business organization if the qualifying agent or business organization has been involved in past disciplinary actions or on any groWids for which individual licenses can be denied. (g) Each qualifying agent shall pay the appropriate division an amoWit equal to the original fee for a license applied for on behalf of a new business organization. If the qualifying agent for a business organization desires to qualify additional business organizations, the division shall require him or her to present evidence of the financial responsibility, if applicable, and insurance of each such organization.

804

GENERAL ACTS AND RESOLUTIONS, VOL. I

(h) All qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization, for all field work at all sites, and for financial matters, both for the organization in general and for each specific job for which his or her license was used to obtain the building permit. (i) Any change in the status of a qualifYing agent is prospective only. A qualifYing agent shall for purposes of application of this chapter and the enforcement and disciplinary mechanisms thereunder be and remain responsible for his or her actions or omissions as well as those of the business organization for which such person had acted as a qualifYing agent occurring during his or ht'l' period of service as such qualifYing agent as and to the extent set forth in this chapter. A qualifying agent is not responsible for his or her predecessor's actions, but is responsible, even after a change in status, for matters for which he or she was responsible while in a particular status. Further, nothing in this chapter shall be interpreted as a basis for imposition of civil liability against an individual qualifYing agent by any owner or other third party claimant beyond the
liability that would otherwise exist legally or contractually apart from and
independent ofthe individual's status as a qualifYing agent.

43-14-10.
(a) In addition to the powers and authorities conferred upon the board and its divisions pursuant to Chapter I ofthis title, the residential contractor division and
the general contractor division shall have the power, respectively, to reprimand any person or licensee, or to suspend, revoke, or refuse to grant, renew, or restore
a license to any person or licensee if such person or licensee is found by the
appropriate division to have engaged in any fraud or deceit in obtaining a license
or otherwise to have engaged in gross negligence, repeated or persistwt incompetence, intentional misconduct in the practice of his or her profession, or
willful violation of any provisions ofthis chapter. (b) For purposes of this Code section, a person or business organization operating on an expired, revoked, lapsed, or suspended license shall be considered unlicensed.
(c) The separate divisions may issue a stop-work order for all unlicensed work
falling within their respective jurisdictions upon finding probable cause to believe
that construction work which requires a license under this chapter is being performed by a person without such a current, valid license. Such an order may
be enforced by injunctive relief: cease and desist orders, or other related actions
within the power and authority of the board and its respective divisions. (d) The division having jurisdiction shall investigate and sanction any license
holder found to have engaged in fraud, deceit, gross negligence, repeated .or
persistent incompetence, or intentional misconduct in the practice of residentia1
or general contracting; and sanctions shall be assessed against any such residential or general contractor licensed Wider this chapter either individuallY or
as a business organization acting through a qualifYing agent. Such charges, unless dismissed without hearing by the division as unfoWided, shall be heard

GEORGIA LAWS 2004 SESSION

805

and determined by that division in accordance with the provisions of Chapter 13 ofTitle 50, the 'Georgia Administrative Procedure Act.' (e) The divisions shall each adopt and publish rules and regulations, consistent with the provisions of this chapter, governing the suspension and revocation of licenses. (f) Each division may reissue a license to any person whose license has been revoked or lift a suspension of a license to such person provided that four or more members of the division vote in favor of such reissuance or lifting for reasons that division deems sufficient.

43-41-11. The issuance of a license by the residential contractor or the general contractor division shall be evidence that the person named therein, including both the individual licensee and any business organization for whom such licensee is a qualifying agent, is entitled to all the rights and privileges of a licensed residential or general contractor while such license remains unrevoked or unexpired.

43-41-12. (a) Any person, whether an individual or a business organization, who:
(1) Contracts for or bids upon or engages in the construction of any of the projects or works enumerated in the definitions of residential contractor or general contractor in Code Section 43-41-2 without having first complied with the appropriate provisions of this chapter or who shall attempt to practice residential contracting or general contracting in this state except as provided for in this chapter; (2) Falsely represents, advertises, or holds himself or herself or an affiliated business organization out as a residential contractor or general contractor licensee; (3) Represents or attempts to use or presents as his or her own the license of another person or, in the case of a business organization, a person other than its qualifying agent; (4) Gives false or forged evidence of any kind to the board or its divisions or to any member ofthe board in maintaining a license; (5) Uses an expired, suspended, or revoked license to continue engaging in residential contracting or general contracting; or (6) Operates a business organization engaged in contracting after 120 days following the termination of its only qualifying agent without designating another primary qualifying agent, except as provided in Code Section 43-41-9, shall be guilty of a misdemeanor and shall, upon conviction, be punished for each such offense by a fine of not less than $500.00 or imprisonment of three months, or both fine and imprisonment in the discretion ofthe court. (b) Any architect or engineer who recommends to any project owner the award of a contract to anyone known by such architect or engineer not to be properly licensed under this chapter shall be subject to such penalties as provided in

806

GENERAL ACTS AND RESOLUTIONS, VOL. I

subsection (a) ofthis Code section and also to any appropriate disciplinary action by the appropriate division. (c) Except as otherwise provided in this Code section, any person who violates any provision ofthis chapter shall be guilty of a misdemeanor.

43-41-13. Whenever it appears to the board or either division of the board that any person, whether an individual or a business organization, or both, is violating any of the provisions of this chapter or of the rules and regulations of the board or either division promulgated under this chapter, the board or division may apply to the superior court of the county in which such individual resides or business is located for a restraining order and injunction to restrain the violation, and the superior court shall have jurisdiction to grant the requested relief, irrespective of whether criminal prosecution has been instituted or administrative sanctions have been imposed by reason ofthe violation.

43-41-14. Any person, whether an individual or a business organization acting through a qualifYing agent, intending to perform work as a residential or general contractor, upon making application to the building inspector or such other authority of any incorporated municipality or county in this state charged with the duty of issuing building or other permits for contemplated construction work requiring performance by either a licensed residential contractor or a licensed gentnl contractor shall, before being entitled to the issuance of such permit, furnish to such inspector or authority, personally or through his or her authorized agent specifically designated to act on his or her behalf in a sworn written document submitted contemporaneously or previously submitted and maintained by such inspector or authority, his or her residential contractor or general contractor
license number and the identity of any business organization for which such
applicant is serving as qualifYing agent that is undertaking or contracting as a residential contractor or a general contractor to construct or manage the construction. It shall be unlawful for any such building inspector or oth2" authority to issue or allow the issuance of such building permit unless the applicant has furnished his or her residential contractor or general contractor license number and the identity of any such business organization relative to performance of the work for which a permit has been applied. A building inspector or other authority shall issue such building permit under the terms of this Code section to any person, including an individual licensee acting on his or her own behalf or a licensee acting as a qualifYing agent for a business organization and such business organization, upon evidence reasonably establishing that such person is duly licensed as a residential or general contractor under this chapter, either individually or as a business organization acting undtr a duly licensed qualifYing agent. Any building inspector or other such authority that issues a building permit to a person known by such building inspector or authority not to be properly licensed under this chapter shall be guilty of a

GEORGIA LAWS 2004 SESSION

807

misdemeanor and, upon conviction, shall be subject to a fine of not more than $500.00.

43-41-15. If an incomplete contract exists at the time of death of a residential or general contractor, where the licensed contractor performing the work m1der such contract is an individual person and not a business organization acting through a qualifYing agent for such organization, the contract may be completed by any person affiliated with the contractor as a co-owner, partner, employee, relative, heir, successor, or assign, even though not licensed under this chapter, subject to the terms of this Code section. Such person shall notify the appropriate division of the board within 30 days after the death of such contractor of such death and of his or her name and address, knowledge of the contract, and ability technically and financially to complete it. Such person may continue with performance of the contract pending approval by the division. If the division approves, he or she may proceed with the contract to completion. If the division does not approve completion by such person, due to a determination that he or she does not have sufficient knowledge, expertise, or financial or other required resources, the division shall give prompt written notice to the person, including the reasons for such rejection, and such person shall promptly upon receipt of such notice cease further performance of the contract. If the owner engages another person under a new contract to complete the remaining work under the original contract, such other party must be a contractor duly licensed under this chapter to perform such work. For purposes ofthis Code section, an incomplete contract is one which has been awarded to or entered into by the contractor before his or her death or on which he or she was the low bidder and the contract is subsequently awarded to him or her, regardless of whether any actual work has commenced under the contract before the contractor s death. If an incomplete contract exists at the time of death of a sole qualifYing agent of a residential contractor or a general contractor, where the contractor is a business organization licensed only under such individual as its qualifYing agent, then the contractor shall proceed as provided under paragraph (1) of subsection (e) of Code Section 43-41-9.

43-41-16. (a) The board shall have the authority to refuse to grant a license to an applicant or to revoke the license of a person licensed by the board or to discipline a person licensed by the board upon a finding by a majority of the board that the applicant or licensee has committed any ofthe following acts:
( 1) Obtaining a license by fraud or misrepresentation or otherwise knowingly giving false or forged evidence to the board or its divisions; (2) Being convicted or found guilty of or entering a plea of guilty or nolo contendere to a crinlinal act constituting a felony in any jurisdiction which directly relates to the practice ofresidential or general contracting or the ability to practice contracting;

808

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Performing any act which assists a person or entity in the prohibited lllllicensed practice of contracting if the licensee knows or has reasonable grounds to know that the person or entity is lllllicensed; (4) Knowingly combining or conspiring with an lllllicensed person by allowing his or her license to be used with the intent to evade the provisions of this chapter. When an individual license holder allows his or her license to be used to qualifY one or more business organizations, including where such qualifYing agent for a person engaged in general contracting does not actually possess and exercise the power and authority required of a qualifYing agent under paragraph (7) of Code Section 43-41-2 and Code Section 43-41-9, such act constitutes prima-facie evidence of an intent to evade the provisions ofthis chapter; (5) Failing in any material respect to comply with the provisions of this chapter or violating a rule, regulation, or lawful order of the board or its divisions; (6) Abandoning a construction project in which the contractor who is the individual license holder or a business organization for whom the license holder is a qualifYing agent is engaged or under contract as a residential or general contractor. A pr~ject may be presumed abandoned after 90 days ifthe contractor has ceased work on or terminated performance on the project without just cause and without proper notification to the owner, including the reason for the termination, cessation, or abandonment; (7) Signing a statement with respect to a project or contract falsely indicating that the work is bonded; knowingly and falsely indicating by written statement issued to the owner that payment has been made for all subcontracted work, labor, and materials and for all materials furnished and installed which statement is reasonably relied upon and actually results in a financial loss to the owner; or falsely indicating that workers compensation and general liability insurance are provided; (8) Committing fraud or deceit in the practice of contracting, including falsely advertising, representing, or holding himself or herself or an affiliated business organization out as having a valid and current license under this chapter; (9) Committing gross negligence, repeated or persistent negligence, or negligence resulting in a significant danger to life or property; (10) Proceeding on any job without obtaining applicable local building permits and inspections; ( 11) Using or attempting to use a license that has expired or has been suspended or revoked; ( 12) Knowingly or intentionally engaging any subcontractor to perform work within the scope of the general or residential construction contract which requires a license under Chapter 14 ofthis title who does not possess a current and valid license for such work; or ( 13) Failing to satisfY within a reasonable time the terms of a final civil judgment obtained against the licensee or the business organization qualified by the licensee relating to the practice of the licensee s profession.

GEORGIA LAWS 2004 SESSION

809

(b) The appropriate division may take any one or more of the following actions against any license holder fmmd by the division to have committed any one or more ofthe acts listed in subsection (a) ofthis Code section:
(1) Place the license holder on probation or reprimand the license holder; (2) Revoke a license, including the license of a person as an individual as well as that of a qualifying agent of a business organization together with the interest of the business organization qualified thereby in such license; suspend such a license for a stated period of time not exceeding one year; or deny the issuance or renewal of the license; (3) Require financial restitution to a consumer for financial hann directly related to a violation of a provision ofthis chapter; (4) Impose an administrative fine not to exceed $5,000.00 for each violation; (5) Require continuing education; or (6) Assess costs associated with the investigation and prosecution. (c) In determining penalties in any final order of the board or a division, the board or division shall follow the penalty guidelines established by the board s or division s rules and regulations. (d) The board or a division may assess interest or penalties on all fines imposed under this chapter against any person or business organization which has not paid the imposed fine by the due date established by rule, regulation, or final order. (e) If the board or a division finds any contractor has violated the provisions of this chapter, the board or division may as a part of its disciplinary action require such contractor to obtain continuing education in the areas of contracting affected by such violation.

43-41-17. (a) The licensing requirements imposed by this chapter and the sanctions and consequences relating thereto shall not become effective and enforceable until two years after the effective date of this chapter. On and after such date, no person, whether an individual or a business organization, shall have the right to engage in the business of residential contracting or general contracting without a current, valid residential contractor license or general contractor license, respectively, issued by the division under this chapter or, in the case of a business organization, unless such business organization shall have a qualifying agent as provided in this chapter holding such a current, valid residential contractor or general contractor license on behalf of such organization issued to such qualifying agent as provided in this chapter. Notwithstanding the foregoing, persons seeking licensure under this chapter and exemption from examination under paragraphs (1) and (2) of subsection (a) of Code Section 43-41-8 shall submit their applications, including all necessary proof of the basis of exemption from examination for such license, starting one year after the effective date of this chapter. The period fur submission of such applications and requests for exemption from the examination requirements shall extend thereafter for a period of six months. Furthermore, notwithstanding the foregoing, any person seeking licensure under this chapter and exemption from examination under paragraph

810

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) of subsection (a) of Code Section 43-41-8 may submit his or her application, including all necessary proof of the basis of such exemption starting 18 months after the effective date ofthis chapter and continuing thereafter. (b) As a matter of public policy, any contract entered into two or more years after the effective date of this chapter for the performance of work for which a residential contractor or general contractor license is required by this chapter and which is between an owner and a contractor who does not have a valid and
current license required for such work in accordance with this chapter shall be
unenforceable in law or in equity by the unlicensed contractor. For purposes of this subsection, a contractor shall be considered unlicensed only if the contractor was unlicensed on the effective date ofthe original contract for the work, ifstated therein, or, if not stated, the date the last party to the contract executed such contract, if stated therein. If the contract does not establish such a date, the contractor shall be considered unlicensed only if the contractor was unlicensed on the first date upon which the contractor provided labor, services, or materials under the contract. Notwithstanding any other provision of law to the contrary,
if a contract is rendered unenforceable under this subsection, no lien or bond
claim shall exist in favor of the unlicensed contractor for any labor, services, or materials provided under the contract or any amendment thereto. This subsection shall not affect the rights ofparties other than the unlicensed contractor to enforce contract, lien, or bond remedies. This subsection shall not affect the obligations of a surety that has provided a bond on behalf of an unlicensed contractor. It shall not be a defense to any claim on a bond or indemnity agreement that the principal or indemnitor is unlicensed for purposes ofthis subsection. (c) Any person who holds a license issued under this chapter may engage in the business of residential or general contracting, but only as prescribed by the
license, throughout the state and no municipality or county may require any such
person licensed under this chapter to comply with any additional licensing requirements imposed by such municipality or county relative to the performance of construction work subject to the licensing requirements under this chapter. However, nothing in this chapter shall preclude the implementation and enforcement by any municipality or county of a local rule, regulation, ordinance. order, or other requirement in effect and operation as of the effective date ofthis chapter or July I, 2004, whichever is earlier, that requires a person to obtain a locally issued license, registration, or certification in order to:
(I) Engage in the construction of improvements to real property to the extent such activities are not encompassed by this chapter or by Chapter 14 of this title; or (2) Engage in residential or general contracting within such jurisdiction; provided, however, that:
(A) The requirements and criteria for issuance of such local liceDS~ registration, or certification shall have been at least as strict and stringent, w. the sole judgment of the board, as those for the issuance of a corresponding state-wide license issued under this chapter;

GEORGIA LAWS 2004 SESSION

811

(B) Such local license, registration, or certification shall only apply to activities performed within the geographical limits of such municipality or county; and (C) Such requirement shall not prevent or foreclose any contractor not holding such local license, registration, or certification but holding a valid and current state-wide license issued under this chapter or Chapter 14 ofthis title from the transaction of contracting business in such local jurisdiction within tl1e scope ofhis or her state-wide license. (d) Any person qualified by the Department of Transportation to perform construction work on roads, streets, bridges, highways, sidewalks, or other grading, paving, or repaving projects; airport runways or taxiways; or railroads, and services incidental thereto, for the department shall not be required to be licensed under this chapter in order to perform any such work for the department or for any other owner requiring sinlllar work to be performed. The general contractor division of the board, in agreement with the Department of Transportation, shall, by rule, define 'services incidental thereto' for the purposes of this subsection only and shall likewise define any other necessary terms as to the scope ofthe exemption provided by this subsection. (e) Nothing in this chapter shall prevent any person holding a valid license issued by the State Construction Industry Licensing Board, or any division thereof, pursuant to Chapter 14 of this title from performing any work defined in the Code sections under which the license held by said person was issued. Furthermore, nothing in this chapter shall preclude a person licensed under Chapter 14 of this title to perform plun1bing, conditioned air contracting, utility contracting, electrical contracting, or low-voltage contracting from offering to perform, performing, engaging in, or contracting to engage in the performance of construction work or services directly with an owner, which work or services would otherwise require a general contractor license under this chapter, where the total scope ofthe work to be performed is predominantly of the type for which such contractor is duly licensed to perform under Chapter 14 of this title such that any other work involved is incidental to and an integral part of the work performed within the scope of such license under said chapter and does not exceed the greater of $10,000.00 or 25 percent of the total value at the time of contracting of the work to be performed; provided, however, that such contractor may not delegate or assign the responsibility to directly supervise and manage the performance of such other work to a person unless such person is licensed under this chapter and the work being performed by such person is within the scope of that person's license. (f) Nothing in this chapter shall preclude a specialty contractor from offering or contracting to perform or undertaking or performing for an owner linllted, specialty, or specific trade contractor work, which does not entail the delegation or assignment to or engagement of any other person or entity, other than direct employees, to supervise, manage, or oversee the performance of any portion of the work undertaken. However, nothing in this chapter shall permit a specialty contractor to perform work falling within the licensing requirements of

812

GENERAL ACTS AND RESOLUTIONS, VOL. I

Chapter 14 of this title where such specialty contractor is not duly licensed under such chapter to perform such work. (g) Nothing in this chapter shall preclude a person from offering or contracting
to perform or undertaking or performing for an owner repair work, provided that
the person performing the repair work discloses to the owner that such person does not hold a license under this chapter and provided, further, that such work does not affect the structural integrity of the real property. The board shall by rule or regulation further define the term 'repair' as used in this subsection and any other necessary terms as to the scope of this exemption. (h) Nothing in this chapter shall preclude any person from constructing a building or structure on real property owned by such person which is intended upon completion for use or occupancy solely by that person and his or her family, firm, or corporation and its employees, and not for use by the general public and not offered fur sale or lease. In so doing, such person may act as his or her own contractor personally providing direct supervision and management of all work not performed by licensed contractors. However, i( under this subsection, the person or his or her family, firm, or corporation has previously sold or transferred a building or structure which had been constructed by such person acting without a licensed residential or general contractor within the prior 24 month period, starting from the date on which a certificate of occupancy was issued for such building or structure, then such person may not, under this subsection, construct another separate building or structure without having first obtained on his or her own behalf an appropriate residential or general contractor license or having engaged such a duly licensed contractor to perform such work to the extent required under this chapter, or it shall be presumed that the person, firm, or
corporation did not intend such building solely for occupancy by that person and
his or her family, firm, or corporation. Further, such person may not delegate the responsibility to directly supervise and manage all or any part of the work relating thereto to any other person unless that person is licensed under this chapter and the work being performed is within the scope ofthat person's license. In any event, however, all such work must be done in conformity with all other
applicable provisions of this title, the rules and regulations of the board and
division involved, and any applicable county or municipal resolutions, ordinances, codes, permitting, or inspection requirements. (i) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 ofthis title or an engineer registered pursuant to Chapter 15 ofthis tide from performing work or providing services within the scope of his or her registration for the practice of architecture or license for practicing engineering. (j) Nothing in this chapter shall preclude an architect licensed pursuant to Chapter 4 of this title or an engineer licensed pursuant to Chapter 15 of this tide from offering to perform or offering or rendering design-build services to an owner; provided, however, that such offer or contract shall clearly indicate at the time of such offer or contract that all services of a general contractor incidart: the design-build performance shall be performed by a duly licensed gener
contractor in compliance with other provisions of this chapter and that all

GEORGIA LAWS 2004 SESSION

813

services so offered or provided falling within the scope of the licensing requirements of this chapter are offered and rendered by a licensed general contractor in accordance with this chapter. (k) Nothing in this chapter shall apply to the construction, alteration, or repair of buildings classified as an agricultural occupancy or that are used for agricultural storage or agricultural purposes. (l) A contractor licensed under this chapter shall not be required to list on the face of a bid or proposal envelope the license nwnber of any contractor licensed under Chapter 14 of this title that may or will be engaged to perform any work within the licensing requirements of Chapter 14 ofthis title which comprises part ofthe work for which such bid or proposal is submitted. (m) Dams, including both earth dams and concrete dams, designed for electrical generation, water storage, or any other purpose may be constructed by either a general contractor licensed under this chapter or by a utility contractor licensed pursuant to Chapter 14 ofthis title.'

SECTION2. This Act shall become effective only upon the effective date of an appropriation of funds for the purposes of this Act as expressed in a line item making specific reference to the full funding of this Act in an appropriations Act enacted by the General Assembly.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 14, 2004.

RIVERWATCH PARKWAY; DESIGNATE IN HONOR
OF HONORABLE JACK CONNELL.
No. 599 (Senate Resolution No. 1025).
A RESOLUTION
Recognizing and commending Honorable Jack Connell and encouraging the Department of Transportation to place signs which indicate that the Riverwatch Parkway in Augusta, Georgia, is dedicated in honor of Honorable Jack Connell; and for other purposes.
WHEREAS, Honorable Jack Connell, our distinguished former colleague and dear friend, served the State of Georgia and its citizens with the utmost dedication and

814

GENERAL ACTS AND RESOLUTIONS, VOL. I

ability as a member of the Georgia House of Representatives from 1969 to 2002

md

'

WHEREAS, Representative Connell served as Speaker Pro Tempore of the House of Representatives for 26 consecutive years, making him the longest serving Speaker Pro Tempore in the history of Georgia md the United States; md
WHEREAS, a native of Augusta, Georgia, md a veterm of World War II, he is admired md respected as a consummate Southern gentlemm, a pillar of the Augusta community, a prominent businessmm, md a devoted leader in the government, religious, md political organizations in his community; md

WHEREAS, in addition to his mmy accomplishments benefitting the medical community, Representative Cmmell was very effective in bringing growth and development to the City ofAugusta s infrastructure; md

WHEREAS, he is a devoted husbmd to his wife, the former Nmette Jean Anderson, md takes great delight in four children md six grmdchildren; md

WHEREAS, his efforts brought unparalleled progress to the citizens of his district md the State of Georgia, md it is abundmtly fitting that the members of this body, who regard him with much admiration md respect, pay tribute to one of their finest colleagues for the mmy years of distinguished service he rendered.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body recognize md commend Honorable Jack Connell for his exemplary public service md convey to him their wholehearted respect md best wishes forever.

BE IT FURTHER RESOLVED that the Riverwatch Parkway in Augusta, Georgia, is hereby dedicated in honor ofHonorab1e Jack Connell.
BE IT FURTHER RESOLVED that the Department of Transportation is encouraged to erect md maintain appropriate signs so dedicating said parkway at the parkway's beginning md ending points in honor of Honorable Jack Connell
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and
directed to transmit m appropriate copy of this resolution to Honorable Jack Connell.
Approved May 17, 2004.

GEORGIA LAWS 2004 SESSION

815

YEAR OF THE HERCULES; DECLARED.

No. 600 (Senate Resolution No. 872).

A RESOLUTION

Honoring the fiftieth anniversary of the first flight of the Lockheed Martin C-13 0 Hercules and declaring 2004 the "Year ofthe Hercules"; and for other purposes.

WHEREAS, the State of Georgia joins citizens across the state, the nation, and the world in recognizing that the C-13 0 Hercules transport aircraft has made significant and lasting contributions to humanitarian, peace-keeping, and military operations around the globe in the 50 years since its first flight on August 23, 1954; and

WHEREAS, the aircraft has remained in continuous production in Marietta, Georgia, and is the longest continuous military aircraft production line in history; and

WHEREAS, the production of this aircraft continues to provide employment for thousands of dedicated Georgia engineers, technicians, and machinists from more
than 70 counties across our state; and

WHEREAS, more than 65 countries and all ofthe armed forces ofthe United States operate the Hercules, and crews have landed on dirt strips, snow and ice, and mrimproved and paved roads in rugged, remote areas of the world where no other transport airplane is capable of operating; and

WHEREAS, the Hercules is seen worldwide as a provider of help to the war-stricken and persecuted people of the world, with crews delivering everything from personnel to emergency relief supplies and medicine; and

WHEREAS, the new C-13 OJ model has broken 54 world aviation records and thus furthers the amazing legacy of the more than 2,200 Hercules aircraft that came before it.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body honors the fiftieth anniversary of the first flight of the lockheed Martin C-130, recognizes that the Hercules will continue to be an ambassador for the State of Georgia for decades to come, and declares 2004 the "Year ofthe Hercules."

816

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and
directed to transmit an appropriate copy of this resolution to the Lockheed Martin Corporation.

Approved May 17, 2004.

JUDGE JIM WEEKS INTERSECTION; DESIGNATE.
No. 601 (Senate Resolution No. 869).
A RESOLUTION
Designating the Judge Jim Weeks Intersection; and for other purposes.
WHEREAS, Judge Jim Weeks is an outstanding and distinguished Georgian and resident ofDeKalb County who has resided in the state for 43 years; and
WHEREAS, Judge Jim Weeks has served as an exemplary judge for over 20 years, as a superior court judge for the Stone Mountain Judicial Circuit from 1982-2000 and as a senior judge for the State ofGeorgia since 2000; and
WHEREAS, he has many ties to the DeKalb and Atlanta areas and, since receiving his LLB from Emory University in 1961 and his law degree from Emory University in 1970, he has worked in private practice in Atlanta and Decatur for 21 years, served as the County Attorney fur DeKalb County, Special Assistant Attorney General, and Assistant City Attorney for the City ofAtlanta; and
WHEREAS, it is fitting and proper that the numerous contributions and
achievements ofthis exceptional Georgian be appropriately recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the intersection of LaVista Road, State Route 236, and Oak Grove Road in DeKalb County is designated the Judge Jim Weeks Intersection.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate signs designating such intersection.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transnlit appropriate copies of this resolution to Judge Jim Weeks and
the Department of Transportation.
Approved May 17, 2004.

GEORGIA LAWS 2004 SESSION

817

STATE GOVERNMENT- GOVERNOR; EXECUTIVE ORDER; l.DCAL
REDEVEI.DPMENT COMMISSIONS.

No. 602 (Senate Resolution No. 858).

A RESOLUTION

Authorizing the Governor by executive order to establish local redevelopment commissions for the purpose of developing and directing redevelopment plans in accordance with the "Base Closure Community Redevelopment and Homeless Assistance Act of 1994"; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WHEREAS, the Governor is authorized by Code Section 50-2-27 to accept for this state retrocession of jurisdiction by the United States over land owned by the United States within the boundaries ofthis state; and

WHEREAS, pursuant to the provisions ofCode Section 50-16-61, the Governor has general supervision over all property ofthis state.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The Governor by executive order may establish local redevelopment commissions with such powers as may be necessary, proper, or convenient, as the local redevelopment authority, to develop and direct redevelopment plans in accordance with the "Base Closure Community Redevelopment and Homeless Assistance Act of 1994," and implementing federal regulations and policies and related federal statutes, including, without limitation, designation of participating government and private members of such commissions. The commissions shall be composed of eight members. The Governor shall appoint four members. The Committee on Assignments ofthe Senate shall appoint two members and the Speaker ofthe House ofRepresentatives shall appoint two members.

SECTION2. This resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval.

818

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION3. All laws and parts oflaw in conflict with this resolution are repealed.

Approved May 17, 2004.

WOODPECKER HIGHWAY TRAIL; MAX WCKWOOD MEMORIAL CORRIDOR; DESIGNATE.
No. 603 (Senate Resolution No. 843).
A RESOLUTION
Designating certain portions ofthe state highway system; and for other purposes.
PART I
WHEREAS, State Route 121 that extends from Augusta to Folkston was established as the Woodpecker Trail in 1947 by the Woodpecker Route Association; and
WHEREAS, this historic route extends through ten Georgia counties: Richmond,
Burke, Jenkins, Emanuel, Candler, Tattnall, Appling, Pierce, Brantley, and
Charlton; and
WHEREAS, many people used the Woodpecker Trail in the 1950s and 1960s to travel through the Carolinas, Georgia, and Florida on vacation or business; and
WHEREAS, in the 1950s, Walter Lantz, creator of the cartoon character Woody Woodpecker, gave permission for the use of his character's likeness on the distinctive signs which were nailed to pine trees to mark the route; and
WHEREAS, before the advent of the interstate highway system, the Woodpecker Trail was once billed as the fastest route to Florida's west coast; and
WHEREAS, the Woodpecker Trail Association has been revived and is working
to promote and enhance the recreational, historical, cultural, agricultural, and
environmental features along the trail; and
WHEREAS, the development of the Woodpecker Trail will provide a considerable attraction for tourists who want to take a leisurely trip down memory lane and spend time and money along the way and a considerable economic boost to the counties along its path; and

GEORGIA lAWS 2004 SESSION

819

WHEREAS, to be successful, the Woodpecker Trail Association needs the cooperation of the Georgia Department of Transportation as well as the residents, business owners, and attractions along the route.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL.ASSEMBLY OF GEORGIA that State Route 121 from the Savannah River at Augusta to the Florida state line is designated as the Woodpecker Trail Highway.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized
and directed to place and maintain appropriate markers or signs designating the
Woodpecker Trail 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 commissioner of transportation.

PART II

WHEREAS, the late Max Lockwood served as president and chief executive officer ofthe U.S. 441 Economic Development Council based in Douglas, Georgia; and

WHEREAS, a graduate of Georgia Southern University in Statesboro, he lived in Douglas since 1979 where he served as Mayor; and

WHEREAS, he served at various times as a member of the Board of Directors of the Georgia Municipal Association, chairman of the Georgia Environmental Facilities Authority, member of the Executive Committee for Georgians for Better Transportation, member of the Board of Directors fur the Georgia Regional Development Center, chairman of the Georgia Association of Regional Development Centers, president ofthe Georgia Chambers ofCommerce Executives Association, member of the Board of Directors Executive Committee for the South Georgia Chamber of Commerce, and president of the Douglas Rotary Club; and

WHEREAS, he was a Paul Douglas Fellow, received the State Bar of Georgia liberty Bell Award, was featured on the cover of Georgia Trend magazine in recognition of his support of transportation and was listed as a member of Georgia Trend's 100 most outstanding Georgians, and received the Uston Elkins Award in 2000.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. 441 in the unincorporated areas of Coffee County from the city limits of Douglas northward to the Ocmulgee River bridge is hereby designated as the Max Lockwood Memorial Corridor in memory of this distinguished gentleman, and the Department of Transportation is authorized and directed to erect and maintain signs so identii)ring the highway.

820

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 ofthe late Max Lockwood.

Approved May 17, 2004.

GEORGE W. POTTS HIGHWAY; DESIGNATE.
No. 604 (Senate Resolution No. 797).
A RESOLUTION
Honoring George William Potts and designating the George W. Potts Highway; and for other purposes.
WHEREAS, George William Potts was born in Coweta County, Georgia, in 1907, receiving his early education near his family" s farm in Roscoe, Georgia, and later receiving a Bachelor of Science degree from Mercer University; and
WHEREAS, after graduation, his first job was "plowing a mule" on his family
farm; he later acquired additional farmland in Coweta County near the Chattahoochee River, where he ran a successful farming business for many years; and
WHEREAS, he is also fondly remembered as a teacher at Starr High School in Turin where he taught six subjects a day for two years; and
WHEREAS, Mr. Potts served in the Georgia House of Representatives from 1953 to 1970, working with six governors; and
WHEREAS, during his tenure in the House of Representatives, he served his constituents with vigor, and one of Iris most outstanding achievements as a legislator was the extension ofInterstate 85 to Newnan, Georgia; and
WHEREAS, Coweta County wishes to honor the service of Representative Potts and pay tribute to his determination and his dedication to the people he represented
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that in honor of the late George W. Potts and as an expression of gratitude for his contributions to his community, his county, and the entire State of Georgia, that the portion of State Route 70 beginning at the intersection of Macedonia Road, BuddY

GEORGIA LAWS 2004 SESSION

821

West Road, and State Route 70 and extending northward to the Coweta County boundary is hereby designated the "George W. Potts Highway."

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of George W. Potts and the Department of Transportation.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the George W. Potts Highway.

Approved May 17,2004.

MICHAEL B. MUNDY MEMORIAL BRIDGE;
DESIGNATE.
No. 605 (Senate Resolution No. 787).
A RESOLUTION
Designating the Michael B. Mundy Memorial Bridge; and for other purposes.
WHEREAS, Michael B. Mundy was a long-time faithful public servant for the State ofGeorgia until the day ofhis death; and
WHEREAS, Michael B. Mundy received a diploma :from the Pickens Area Vocational Teclmical School in Jasper, Georgia, in Drafting and Design Technology in 1970; and
WHEREAS, upon graduation, he began his professional career with the Georgia Department of Transportation (DOT) in the Office of Bridge Design; and
WHEREAS, in July, 1994, Mr. Mundy received a Certificate of Grateful Appreciation :from DOT Commissioner Wayne Shackelford for his valuable service to the citizens of Georgia going over and above his duties for the DOT in the aftermath ofTropical Storm Alberto; and
WHEREAS, in September, 1995, he received a Faithful Service Award :from Governor Zell Miller for 25 years offaithful service to the State of Georgia; and

822

GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, he continued his long and recognized career as a loyal employee ofthe DOT for over 32 years until his death on October 3, 2002, when the State of Georgia lost a distinguished citizen and faithful public servant; and

WHEREAS, it is extremely appropriate and fitting that his memory be honored in a manner recognizing and honoring his contributions as a public servant of this state.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA that the bridge over Talona Creek on State Route 515 in Pickens County is designated the Michael B. Mundy 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 Secretary of the Senate is authorized and
directed to transmit appropriate copies of this resolution to the family of Michael B. Mundy and to the Department ofTransportation.

Approved May 17, 2004.

IMPROVEMENT OF GEORGIA'S PRE-K PROGRAM JOINT STUDY COMMISSION;
CREATED.
No. 606 (Senate Resolution No. 760).
A RESOLUTION
Creating the Improvement of Georgia s Pre-K Program Joint Study Commission; and for other purposes.
WHEREAS, more than 566,750 of Georgia's four year-old children have received Pre-K services totaling more than $2.124 billion; and
WHEREAS, the Pre-K Program is funded by proceeds from the Georgia Lottery fur
Education; and
WHEREAS, the members of the General Assembly want to assure the continuin8 and future availability of sufficient funds for the Pre-K Program.

GEORGIA lAWS 2004 SESSION

823

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Improvement of Georgia's Pre-K Program Joint Study Commission to be composed of 20 members. TI1e Senate Committee on Assigmnents 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 eight members of the commission which shall include: two members with expertise relating to early education; one private for profit Pre-K program teacher; one public nonprofit Pre-K program teacher; one parent of a child attending a for profit Pre-K program; one parent of a child attending a public nonprofit Pre-K program; the director of a private for profit Pre-K program; and the director of a public nonprofit Pre-K program. The director of the Office of School Readiness, director of the Georgia Lottery Corporation, the director of the Georgia Student Finance Commission, and the state school superintendent shall also serve.

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 to improve the Pre-K program for the future. 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 commission shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. Citizen men1bers 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 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 of 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 of Georgia Carl Vinson Institute of Governn1ent 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 Governn1ent and ofthe 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

824

GENERAL ACTS AND RESOLUTIONS, VOL. I

appropriated to the Senate and 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, 2004. The committee shall stand abolished on December 31, 2004.

Approved May 17, 2004.

STATE PROPERTYPROPERTY CONVEYED.
No. 607 (Senate Resolution No. 704).
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in
Richmond County, Georgia; authorizing the leasing of certain improved real property owned by the State of Georgia in Chatham County, Georgia; to provide effective dates; to repeal conflicting laws; and for other purposes.
WHEREAS: (I) The State of Georgia is the owner of a certain tract ofreal property located
in Richmond County, Georgia, being a portion of the Georgia Golf Hall of (F2a)meS~d property is all that tract or parcel ofland lying and being in Richmoud
County, Georgia, being in the 87th GMD, containing approximately 4.25 acres
and is more particularly described on a drawing prepared by the Georgia Golf
Hall of Fame, and on file in the offices ofthe State Properties Commission;
(3) The Georgia Golf Hall of Fame Authority wishes to advertise for the
development of a facility to be built on the above-described property a portion of which will be used as the museum for the Georgia Golf Hall of Fame with
the remaining portion of the facility being occupied by either the developer of
the site or other public or private sector entities; and (4) The Georgia Golf Hall of Fame Authority has agreed to acquire~
above-described state owned real property for the fair market value and the fail
market value has been determined to be $970,000.00; and
WHEREAS: (I) The State of Georgia is the owner of a certain tract or parcel of improved real property located in Chatham County, Georgia;

GEORGIA IAWS 2004 SESSION

825

(2) Said real property is all that certain lot, tract, or parcel of laud, situate, lying and being in the 6th G.M. District of Chatham CoWlty, Georgia, cousisting of2.232 acres oflaud more particularly described as follows:
Commencing at a point located at the southwest comer of the intersection of the rights-of-way ofEisenhower and Seawright Drives; nmn.iug thence south 17 30' west, along the west edge ofthe right-of-way ofSeawright Drive, for a distance of 300 feet to a concrete monument, being the point ofbegiuuiug; continuing thence south 17 30' west along the west edge ofthe right-of-way of Seawright Drive for a distance of 50 feet to a point; running thence north
no 30' west for a distance of 179.95 feet to a point; nmn.iug thence south
86o 56' 30" west for a distance of 85.44 feet to a point; nmn.iug thence south
Ir 30' west for a distance of 160 feet to a concrete monument; fWllling
no thence north 30' west for a distance of346 feet to a concrete monument;
nmn.iug thence north 17 30' east for a distance of 240 feet to a concrete
no monument; running thence south 30' east for a distance of346 feet to a no concrete monument; continuing thence south 30' east for a distance of
259.95 feet to a concrete monument and the point ofbegiuuiug; said 2.232 acre tract-being also shown as a 1.906 acre tract plus a.326 acre tract on a certain survey plat dated JW1e 14, 1974 and revised September 16, 1974 prepared ily Barrett & Exley, Inc. for the State of Georgia - Department of Human Resources, a copy of said plat being hereto attached and a copy being recorded in the office of the Clerk of the Superior Court of Chatham CoWlty, Georgia in Plat or Map Record Book Y, Folio 61; said plat by reference being incorporated herein and made a part hereof The above described tract being a portion of the property conveyed by deed dated May 18, 1959 from Chatham CoWlty, Georgia, a political subdivision of the State of Georgia, through the Commissioners of Chatham CoWlty, Georgia, and ex-officio Judges thereof to Chatham Chapter, Georgia Association for the Help of Retarded Children, Incorporated, a Georgia corporation, with offices in Savannah, Georgia; said deed, with a resolution attached, being recorded in the office of the Clerk of the Superior Court of
n Chatham CoWlty, Georgia in Deed Record Book K's, Folio 264;
(3) Said property is Wlder the custody ofthe Department of Human Resources; (4) Said parcel is currently rented to Coastal Center for Developmental Services, Inc.; (5) Coastal Center for Developmental Services, Inc., is desirous ofleasing the above-described state property in order to make certain improvements; and (6) The Department ofHwnau Resources has no objection to the leasing ofthe above-described property.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL A.SSEMBLY OF GEORGIA:

826

GENERAL ACTS AND RESOLUTIONS, VOL. I

PART I SECTION 1.

That the State of Georgia is the owner ofthe above-described real property and that
all matters relating to the conveyance of the real property interest the State of Georgia is acting by and through the State Properties Commission for consideration of$970,000.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION2. That the above-described property shall not be conveyed to the Georgia Golf Hall of Fame Authority until after the State Properties Commission has reviewed and approved the process of selecting the developer of the site considered in this resolution.

SECTION3. That the State Properties Commission shall have the authority to approve all tenants in the facility to be developed.

SECTION4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTIONS. 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.

PART II SECTION6.

That the State of Georgia is the owner of the referenced hereinabove described improved real property located in Chatham County, Georgia, and that, in all matterS relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission.

SECTION?. That the State of Georgia, acting by and through its State Properties Commission. is authorized to lease the hereinabove described tract of improved property to Coastal Center for Developmental Services, Inc., for a period of ten years commencing with the execution ofthe lease agreement.

GEORGIA lAWS 2004 SESSION

827

SECTIONS. That the consideration for such lease shall be $1,000.00 per year and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests ofthe State of Georgia.

SECTION9. That any sublease of subjoct property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $1,000.00 per year is to be remitted to the State of Georgia.

SECTION 10. That the authorization of this resolution to lease the above-described property to Coastal Center for Developmental Services, Inc., shall expire three years after the date that this resolution bocomes effoctive.

SECTION H.
That the State Properties Commission is authorized and empowered to do all acts and things nocessary and proper to effoct such lease.

SECTION 12. That this lease agreement shall be rocorded by the lessee in the Superior Court of Chatham County and a rocorded copy shall be forwarded to the State Properties Commission.

PART III
SECTION 13.

(a) Except as otherwise provided in subsoction (b) of this soction, this resolution shall bocome effoctive upon its approval by the Governor or upon its becoming law without such approval. (b) Part I ofthis resolution shall bocome effoctive on July 1, 2004.

SECTION 14. All laws and parts oflaws in conflict with this resolution are repealed.

Approved May 17, 2004.

828

GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE PROPERTYPROPERTY CONVEYED.

No. 608 (Senate Resolution No. 652).

A RESOLUTION

Authorizing the conveyance of certain State owned real property located in Bartow County, Georgia; authorizing the conveyance of certain State owned real property located in Chatham County, Georgia; authorizing the conveyance of certain State owned real property located in Cobb 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 Floyd County, Georgia; authorizing the conveyance of certain State owned real property located in Glynn County, Georgia; authorizing the conveyance of certain State owned real property located in Harris County, Georgia; authorizing the conveyance of certain State owned real property located in Lowndes County, Georgia; authorizing the conveyance of certain State owned real property located in Meriwether County, Georgia; authorizing the conveyance of certain State owned real property in Stephens County, Georgia; to repeal conflicting laws; and for other purposes.

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia; (2) Said real property is all that tract or parcel ofland lying and being in land lots 604 and 605 of the 4th land district, 3rd section of Bartow County, Georgia, as shown on a plat of survey prepared by William C. Smith, Georgia Registered Land Surveyor #1803, dated October 17, 2001, containing approximately 5.37 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 State Properties Commission and
is a portion ofthe Western And Atlantic Railroad right ofway; (4) The above-described property has been leased to CSX Railroad for many years and a portion of the property has been subleased since 1970 to CiJnbar Performance Minerals;
(5) Cimbar Performance Minerals has now been sold to United Minerals and
Properties, Inc.; (6) United Minerals and Properties, Inc. is desirous of acquiring the above-described property rather than leasing the property in order to make certain capital improvements; and

GEORGIA I.AWS 2004 SESSION

829

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham Collllty, Georgia; (2) Said real property is all that tract or parcel ofland lying and being in the City of Savannah, Chatham Collllty and being bollllded on the north by Duffy Street, on the east by Drayton Street, on the south by Henry Street and on the west by Bull Street as shown on a plat ofdated October 25, 1974, and prepared by Wright C. Powers, Georgia Registered Land Surveyor #933 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 llllder the custody ofthe Department of Human Resources and is improved with a 79,300 office building; (4) The Department of Human Resources intends to vacate the above-described property by the end of Jlllle, 2004, and relocate its employees and activities into a new facility and to declare the above-described property surplus to its needs; (5) It would be in the best interest of the State of Georgia to sell the above-described property by competitive bid; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Chatham Collllty, Georgia; (2) Said real property is all those tracts or parcels ofland lying and being in the 7th GMD of Chatham Collllty, Georgia and one tract or parcel being more particularly described on a plat of survey depicting 7 acres attached to that certain deed dated December 18, 1970, and being real property record# 5083 in the deed records of the State Properties Commission and a second tract or parcel containing 9.97 acres more particularly described on a plat of survey prepared by Charles W. Tuten, Jr. Georgia Registered Land Surveyor# 2345, dated September 25, 2001, and a third tract or parcel ofland containing 0.996 of one acre more particularly described on a plat of survey prepared by Terry Mack Coleman, Georgia Registered Land Surveyor # 2486 dated February 7, 2002, and a fourth tract or parcel ofland containing 0.998 of one acre more particularly described on a plat of survey prepared by Terry Mack Coleman, Georgia Registered Land Surveyor # 2486, dated December 18, 2003, and being the property formerly owned by Frank Turner and a fifth tract or parcel ofland containing 0.998 of one acre more particularly described on a plat of survey prepared by Terry Mack Coleman, Georgia Registered Land Surveyor # 2486 dated December 18, 2003, and being the property fonnerly owned by Wilda Myrick and all tracts or parcels 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;

830

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Said properties are under the custody of the Department of Motor Vehicle Safety and Department of Public Safety and are no longer useful to the Department of Motor Vehicle Safety and Department of Public Safety; (4) Said 7 acre parcel of property was conveyed to the State of Georgia by Chatham County in 1970 for a consideration of$1 0.00; (5) The City of Garden City is desirous of acquiring all or a portion of the above-described property in order to locate thereon certain of its public facilities including, but not limited to, a new City Hall, a police annex and fur a public works facility or for other public purposes; (6) Chatham County has no objection to the conveyance of the above-described 7 acre parcel of property to the City of Garden City; and

WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Cobb County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the City of Kennesaw, Cobb County, Georgia and containing approximately 0.3 5 ofone acre and 1.03 acres as shown marked in yellow on that certain CSX
Transportation valuation drawing numbered A-848 dated June 1, 1987, and
0.658 of one acres as shown marked in yellow on a plat of survey entitled
"Municipal Parking Lot for the City of Kennesaw," dated October 1, 1997, and prepared by Larry R. McMullen, Georgia Registered Land Surveyor #15438, and all being on file in the offices ofthe State Properties Commission, and may
be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval;
(3) Said property is under the custody ofthe State Properties Commission and was formerly leased to CSX Transportation as a portion of the Western and
Atlantic railroad right ofway; (4) The City ofKennesaw has made or will make certain improvements to the above-described properties in conjunction with the Southern Museum of Civil War and Locomotive History; (5) The City of Kennesaw is desirous of acquiring the above-described property in order to insure the future viability of the above mentioned Mustli.JIIl; 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 that tract or parcel of land lying and being in land
lot 180 of the 6th District of Coffee County, Georgia containing 0.703 of one
acre and being more particularly described on a plat of survey prepared by Rufus C. Johnson Civil Engineer and.Land Surveyor Georgia Registration #s 2812 and 816 and dated May 7, 1973, and being on file in the offices ofthe . State Properties Commission and may be more particularly described on a plat

GEORGIA LAWS 2004 SESSION

831

of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Connnission for approval; (3) Said property is the location of the Walter Wilson Livestock and Show Arena and being Wlder the custody ofthe Department of Agriculture; (4) The City of Douglas, Coffee CoWlty conveyed the above-described property to the State of Georgia in 1974 for a consideration of$10.00; (5) The City of Douglas is desirous of acquiring the above-described property in order to make certain capital improvements; (6) The Department of Agriculture has no objections to the conveyance of the above-described property to the City of Douglas; and

WHEREAS: (I) The State of Georgia is the owner of a property interest in a certain parcel of real property located in Floyd CoWlty, Georgia; (2) Said real property is all that tract or parcel ofland lying and being in land lot 200 of the 23rd district 3rd section of Floyd CoWlty and containing approximately I2 acres as shown on a plat of survey entitled "Juvenile Detention Home," prepared by Fred W. Schweitzer, Jr. Georgia Registered Land Surveyor #975, dated November I8, I965, and being on file in the offices of the State Properties Connnission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Connnission for approval; (3) Said property is the former location of the Department of Juvenile Justice Floyd CoWlty Youth Detention Center; (4) The Department of Juvenile Justice has relocated its activities and employees to newly constructed facilities and has declared the above-described property surplus to its needs; (5) The Highland Rivers Commmlity Service Board is desirous ofacquiring the above-described property for use in its commmlity mental health programs; and

WHEREAS: (I) The State of Georgia is the owner of certain parcels of real property located in Glynn CoWlty, Georgia; (2) Said real property is all those tracts or parcels ofland lying and being in the I,356 GMD ofGlynn CoWlty and containing a total of approximately 1.034 as shown as parcels "E" and "F" on a plat of survey entitled "Re-alignment of Canal Road at Glynco Parkway" as prepared by Gary R. Nevill, Georgia Registered Land Surveyor #240I, dated April, I999, and being on file in the offices of the State Properties Connnission and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Connnission for approval; (3) Said property is a portion ofthe Glynn CoWlty Air National Guard Armory site and is in the custody of the Department ofDefense; (4) Glynn CoWlty is planning to improve the intersection of Canal Road and Glynco Parkway;

832

GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) In order to make the desired improvements to the above mentioned intersection it will be necessary that Glynn CoWity acquire the above-described . State owned property; (6) The Department of Defense has no objection to the conveyance of the above-described property to Glynn CoWity for the above stated purpose; and

WHEREAS: (I) The State of Georgia is the owner of a certain parcel of real property located in Harris CoWity, Georgia; (2) Said real property is all that tract or parcel ofland lying and being in land lot 156 of the 21st district of Harris CoWity and containing approximately I.96 acres more or less, and more particularly described as follows: BEGINNING on the right-of-way of Georgia Highway 116 approximately 1 mile northeast of Hamilton and at the southeast comer of lands of Berry M. Moon, thus proceeding along the right-of-way of Highway 1116 south 61 degrees 30 seconds west for a distance of 4.70 chains to an iron stake; thus north 2 degrees east for a distance of 5.68 chains to an iron stake; thus north 82 degrees 30 seconds east for a distance of4.14 chains to an iron stake; thus south 2 degrees west a distance of3.78 chains to an iron stake and 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 former location of the Georgia Forestry Commission Harris CoWity site; (4) The Georgia Forestry Commission is in the process of consolidating many of its activities and locations aroWid the State and as a result the Harris County and Talbot CoWity sites have been combined in a new location and the Georgia Forestry Commission has declared the former Harris CoWity site surplus to the needs ofthe Commission; (5) Harris CoWity conveyed the above-described property to the State in 1961 for a consideration of$1.00; (6) Harris CoWity is desirous of acquiring the above-described property for use by the CoWity Manager and for use in the maintenance of certain CountY vehicles; and

WHEREAS: (1) The State of Georgia is the owner of a property interest in a certain parcel ofreal property located in Lowndes CoWity, Georgia; (2) Said real property is all that tract or parcel ofland lying and being in land lot 197 of the 11th district of Lowndes CoWity and containing approximately 2 acres as shown on a Sketch of Survey for Lowndes CoWity prepared Engineering Department of Lowndes CoWity dated July 22, 2003, and bein8 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;

GEORGIA lAWS 2004 SESSION

833

(3) Said property is a portion of the 10.7 acre Georgia Forestry Connnission Lowndes County office location; (4) Lowndes County conveyed the above 10.7 acres site to the State in 1957 for a consideration of$1.00; (5) Lowndes County is desirous of acquiring the above-described 2 acre parcel in order to construct an new Fire Rescue Headquarters; (6) The Georgia Forestry Commission has no objection to the conveyance of the above-described property to Lowndes County for the above stated purpose; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Meriwether County, Georgia; (2) Said real property is all those tracts or parcels ofland lying and being in land lot 243 of the 2nd district of Meriwether County and containing approximately 1.3 9 acres as shown on a plat ofsurvey prepared by J. H. Smith, Georgia Registered Land Surveyor #777, dated June 2, 1955, and being on file in the offices of the State Properties Connnission, 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 former location of the Department of Natural Resources Meriwether County Regional Office; (4) The Department of Natural Resources has consolidated certain of its locations and activities and has now closed the Meriwether County site and has declared the property surplus to the needs ofthe Department; (5) The City of Manchester conveyed the above-described property to the State in 1973 for a consideration of$1.00; (6) The City of Manchester is desirous of acquiring the above-described property for public purposes; and

WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Stephens County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the 440 GMD of Stephens County and containing approximately 10 acres and being more particularly described on a plat of survey prepared by Thomas M. Patton, Georgia Registered Land Surveyor# 967, dated September 5, 1962, and being on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; (3) The above-described property was conveyed to the State of Georgia in 1962 by the Board of Commissioners of Stephens County for a consideration of$1.00;

834

GENERAL ACTS AND RESOLUTIONS, VOL. I

(4) It was the hope of the Coooty that the property would be used as the location of a future State prison; (5) A prison has never been built on the site and Stephens Coooty is desirous of acquiring the property for public purposes; (6) The Department of Corrections has no objection to the conveyance of the above-described property to Stephens Coooty for the stated purpose.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the above-described Bartow Coooty 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.

SECTION2. That the above-described real property may be conveyed by appropriate instnnnent
to United Minerals and Properties, Inc., by the State of Georgia acting by and
through its State Properties Commission for a consideration ofthe fair market value as determined by the State Properties Commission to be in the best interest of the State and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia.

SECTION3. That the authorization in this resolution to convey the above-described property to United Minerals and Properties, Inc., shall expire three years after the date that this resolution becomes effective.

SECTION4.
That the State Properties Commission is authorized and empowered to do all acts
and things necessary and proper to effect such conveyance.

SECTIONS. That the deed ofconveyance shall be recorded by the Grantee in the Superior Court of Bartow Coooty and a recorded copy shall be forwarded to the State Properties Commission.

SECTION6. That custody of the above-described property shall remain in the State Properties Commission ootil the property is conveyed to United Minerals and Properties, Jne.

GEORGIA LAWS 2004 SESSION

835

ARTICLE II SECTION7.

That the State of Georgia is the owner ofthe above-described Chatham Cmmty 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.

SECTIONS. That the above-described real property may be sold by competitive bid, by the State of Georgia acting by and through the State Properties Commission, for a consideration of the fair market value as determined by the State Properties Commission to be in the best interest of the State of Georgia and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest ofthe State or Georgia.

SECTION9. That the authorization in this resolution to sell 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 sale.

SECTION 11. That the deed of conveyance shall be recorded by the Grantee in the Superior Court ofChatham 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 Department of Human Resources until the property is sold.

ARTICLE III SECTION 13.

That the State of Georgia is the owner of the above-described Chatham 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 the above-described 7 acre parcel of property may be conveyed to the City of Garden City by appropriate instrument by the State of Georgia acting by and through its State Properties Commission for a consideration of $10.00, so long as the property is used for public purposes and such further consideration and

836

GENERAL ACTS AND RESOLUTIONS, VOL. I

provisions as the State Properties Connnission shall in its discretion determine to be in the best interest ofthe State or Georgia.

SECTION 15. That all or a portion of the above-described 9.97 acre parcel, the 0.996 of one acre parcel, the 0.998 of one acre parcel formerly owned by Frank Turner and the 0.998 of one acre parcel formerly owned by Wilda Myrick may be sold to the City of Garden City for a consideration of not less than the fair market value as determined by the State Properties Commission to be in the best interest ofthe State ofGeorgia or may be exchanged for certain real property or properties owned by the City of Garden City of equal value as determined by the State Properties Connnission to be in the best interest ofthe State of Georgia.

SECTION 16. That the authorization in this resolution to convey the above-described properties shall expire five years after the date that this resolution becomes effective.

SECTION 17. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 18. That the deed or deeds of conveyance shall be recorded by the Grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 19. That custody of the above-described properties shall remain in the Department of Motor Vehicle Safety and the Department of Public Safety until the properties are conveyed.

ARTICLE IV SECTION20.

That the State of Georgia is the owner of the above-described Cobb 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.

SECTION21. That above-described property may be conveyed to the City of Kennesaw by appropriate instrument by the State of Georgia acting by and through its S~
Properties Commission for a consideration of $10.00, so long as the property JS
used for public purposes and such further consideration and provisions as the Statt;. Properties Commission shall in its discretion determine to be in the best interest 0
the State or Georgia.

GEORGIA LAWS 2004 SESSION

837

SECTION22. That the authorization in this resolution to convey the above-described property shall expire three years after the date that this resolution becomes effective.

SECTION23. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION24. That the deed ofconveyance shall be recorded by the Grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION25. That custody of the above-described properties shall remain in the State Properties Commission until the properties are conveyed.

ARTICLE V SECTION26.

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 ofGeorgia is acting by and through its State Properties Commission.

SECTION27. That the above-described real property may be conveyed by appropriate instrument to the City of Douglas, Coffee County by the State of Georgia, acting by and through the State Properties Commission for a consideration $10.00, so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests ofthe State ofGeorgia.

SECTION28. That the authorization in this resolution to convey the above-described property to the City of Douglas shall expire three years after the date that this resolution becomes effective.

SECTION29. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION30. 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.

838

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 31. That custody of the property will remain in the Department of Agriculture until the property is conveyed.

ARTICLE VI SECTION32.

That the State of Georgia is the owner of the above-described Floyd 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 Collllllission.

SECTION33. That the above-described real property may be conveyed by appropriate instrument to the Highland Rivers Collllllunity Service Board by the State of Georgia, acting by and through the State Properties Collllllission for a consideration $10.00, so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 34. That the authorization in this resolution to convey the above-described property to the Highland Rivers Collllllunity Service Board shall expire three years after the date that this resolution becomes effective.

SECTION 35. That the State Properties Collllllission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION36. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Collllllission.

SECTION 37. That custody of the above-described property shall remain in the Department of Juvenile Justice until after the property is conveyed to the Highland Rivers Collllllunity Service Board.

ARTICLE VII SECTION38.

That the State of Georgia is the owner of the above-described Glynn 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 Collllllission.

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839

SECTION 39. That the above-described real property may be conveyed by appropriate instrument to Glyrm CoWlty by the State of Georgia, acting by and through the State Properties Commission for a consideration $10.00, so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State o f Georgia.

SECTION 40. That the authorization in this resolution to convey the above-described property to Glyrm CoWlty shall expire five years after the date that this resolution becomes effective.

SECTION 41. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION 42. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Glyrm CoWlty and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 43. That custody of the above-described property shall remain in the Department of Defense Wltil the property is conveyed to Glyrm CoWlty.

ARTICLE VIII SECTION 44.

That the State of Georgia is the owner of the above-described Harris CoWlty 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 45. That the above-described real property may be conveyed by appropriate instrument to Harris CoWlty by the State of Georgia, acting by and through the State Properties Commission for a consideration $10.00, so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State o f Georgia.

SECTION 46. That the authorization in this resolution to convey the above-described property to Harris CoWlty shall expire three years after the date that this resolution becomes effective.

840

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION47. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION48. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Harris County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 49. That custody of the above-described property shall remain in the Georgia Forestry Commission until the property is conveyed.

ARTICLE IX SECTION 50.

That the State ofGeorgia is the owner of the above-described Lowndes 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 51. That the above-described real property may be conveyed by appropriate instrumrot to Lowndes County by the State of Georgia, acting by and through the State Properties Commission for a consideration $10.00, so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.

SECTION 52. That the authorization in this resolution to convey the above-described property to Lowndes County shall expire three years after the date that this resolution becomes effective.

SECTION 53.
That the State Properties Commission is authorized and empowered to do all acts
and things necessary and proper to effect such conveyance.

SECTION 54. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 55. That custody of the above-described property shall remain in the Georgia ForestrY Commission until the property is conveyed to Lowndes County.

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841

ARTICLE X SECTION 56.

That the State of Georgia is the owner of the above-described Meriwether CoWlty real property and that in all matters relating to the conveyance of the real property the State ofGeorgia is acting by and through its State Properties Commission.

SECTION 57. That the above-described real property may be conveyed by appropriate instrwnent to the City of Manchester by the State of Georgia, acting by and through the State Properties Commission for a consideration $10.00, so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests ofthe State ofGeorgia.

SECTION 58. That the authorization in this resolution to convey the above-described property to the City of Manchester shall expire three years after the date that this resolution becomes effective.

SECTION 59. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION60. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Meriwether CoWlty and a recorded copy shall be forwarded to the State Properties Commission.

SECTION61. That custody of the above-described property shall remain in the Department of Natural Resources Wltil the property is conveyoo.

ARTICLE XI SECTION62.

That the State ofGeorgia is the owner ofthe above-described Stephens CoWlty real property and that in all matters relating to the conveyance of the real property the State ofGeorgia is acting by and through its State Properties Commission.

SECTION63. That the above-described real property may be conveyed by appropriate instrwnent to Stephens CoWlty by the State of Georgia, acting by and through the State Properties Commission for a consideration of $10.00, so long as the property is used for public purposes and such further consideration and provisions as the State

842

GENERAL ACTS AND RESOLUTIONS, VOL. I

Properties Commission shall in its discretion detennine to be in the best interests ofthe State of Georgia.

SECTION64. That the authorization in this resolution to convey the above-described property to Stephens County shall expire three years after the date that this resolution becomes effective.
SECTION65. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

SECTION66. That the deed of conveyance shall be recorded by the Grantee in the Superior Comt of Stephens County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 67. That custody of the above-described property shall remain in the custody of the Department of Corrections until the property is conveyed.

ARTICLE XII SECTION68.

That all laws and parts oflaws in conflict with this resolution are repealed.

Approved May 17, 2004.

STATE PROPERTY- EASEMENTS GRANTED.
No. 609 (Senate Resolution No. 651 ).
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 Burke, Chatham, Clarke, Cobb.
Dougherty, Gilmer, Gwinnett, Houston, Floyd, Jasper, Liberty, Meriwether, and
Union Counties, Georgia; to repeal conflicting laws; and for other purposes.
WHEREAS, the State of Georgia is the owner of certain real property located.~
Burke, Chatham, Clarke, Cobb, Dougherty, Gilmer, Gwinnett, Houston, Flo,... Jasper, Liberty, Meriwether, and Union Counties, Georgia; and

GEORGIA LAWS 2004 SESSION

843

WHEREAS, the City of Waynesboro, The Georgia Ports Authority, The Unified Government of Athens/Clarke County, Georgia Power Company, The Marietta Board of Lights and Water, Cobb County, The City of Albany, Temple Inland Timber Company, the City of Warner Robins, the City of Rome, the Jasper County Water and Sewer Authority, and the Blue Ridge Mountain Electric Membership Corporation 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 Department of Technical and Adult Education, the Department of Natural Resources, and the Department of Corrections with respect to property under the jurisdiction of their respective Departments.

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

ARTICLE I SECTION 1.

That the State of Georgia is the owner of the hereinafter described real property in Burke 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.

SECTION2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Waynesboro, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a sanitary sewer line in, on, over, 1Ulder, 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 60th GMD of Burke 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 19, 2003, prepared by Steve Bargeron and Associates and on file in the offices ofthe 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.

844

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION3. That the above-described premises shall be used solely for the purpose ofinstalling, maintaining, repairing, replacing, inspecting, and operatmg said sanitary sewer Ime.

SECTION4. That the City of Waynesboro 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.

SECTIONS. That, after the City of Waynesboro has put into use the sanitary sewer line 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 Waynesboro, 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 evrot the utility shall become the property of the State of Georgia, or its successors and assigns.

SECTION6. That no title shall be conveyed to the City of Waynesboro and, except as herein
specifically granted to the City of Waynesboro, 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 Waynesboro.

SECTION7.
That ifthe State of Georgia, acting by and through its State Properties Commission,
determines that any or all of the facilities placed on the easement area should be
removed or relocated to an alternate site on state owned land in order to avoid
interference with the state s use or intended use of the easement area, it may grant
a substantially equivalent nonexclusive easement to allow placement of the
removed or relocated facilities across the alternate site, under such terms and
conditions as the State Properties Commission shall in its discretion determine to
be in the best interests of the State of Georgia, and the City of Waynesboro 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 an10unt of a written estimate provided by the City of Waynesboro. Upon written request, the State Properties Commissi~D,
in its sole discretion, may permit the relocation of the facilities to an alternate stte on state owned land so long as the removal and relocation is paid by the party ~ parties requesting such removal and at no cost and expense to the State ofGeorgta.

GEORGIA lAWS 2004 SESSION

845

SECTIONS. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a cow1ty with respect to the county road system or of a municipality with respect to the city street system. Grantee shall obtain any and all other required permits from d1e 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 area.

SECTION9. That the easement granted to the City of Waynesboro 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 10. That the consideration for such easen1ent shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest ofthe State of Georgia.

SECTION 11. That this grant of easen1ent shall be recorded by the grantee in the Superior Court of Burke County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 12. That the authorization in this resolution to grant the above-described easen1ent to Burke County shall expire three years after the date that this resolution becomes effective.

SECTION 13. That the State Properties Commission is authorized and en1powered to do all acts and things necessary and proper to effect the grant ofthe easen1ent area.

ARTICLE II SECTION 14.

That the State of Georgia is the owner of the hereinafter described real property in Chatham County, and the property is in the custody of the Department of Natural Resources, hereinafter referred to as the "easen1ent area" and that, in all matters relating to the easen1ent area, the State of Georgia is acting by and through its State Properties Commission.

846

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION15. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Ports Authority, or its successors and assigns, a nonexclusive easement for the operation and maintenance of a dock and associated dredge/fill needs in, on, over, under, upon, across, or through the easement area for the purpose of maintaining, repairing, replacing, inspecting and operating a dock and associated dredge/fill needs together with the right of ingress and egress over adjacent land ofthe State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 8th GMD of Chatham County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown in yellow on a drawing dated December 14, 2001, prepared by Appliee Technology and Management and on file in the offices ofthe 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 16.
That the above-described premises shall be used solely for the purpose of installing,
maintaining, repairing, replacing, inspecting, and operating said dock and
associated dredge/fill needs.

SECTION 17. That the Georgia Ports Authority 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 dock and
associated dredge/fill needs.

SECTION 18. That, after the Georgia Ports Authority has put into use the dock and associated dredge/fill needs 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 Georgia Ports Authority, 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 19. That no title shall be conveyed to the Georgia Ports Authority and, except as herein specifically granted to the Georgia Ports Authority, all rights, title, and interest in
and to said easement area is reserved in the State of Georgia, which may make any
use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Ports Authority.

GEORGIA l.AWS 2004 SESSION

847

SECTION20. That if the State of Georgia, acting by and through its State Properties Cmmnission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests ofthe State ofGeorgia, and the Georgia Ports Authority shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by the Georgia Ports 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

SECTION21. That this resolution does not affect and is not intended to affect any rights, 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. Grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary fur 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 area.

SECTION22. That the easement granted to the Georgia Ports Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION23. 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 ofthe State of Georgia.

848

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION24. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham CoWlty and a recorded copy shall be forwarded to the State Properties Commission.

SECTION25. That the authorization in this resolution to grant the above-described easement to the Georgia Ports Authority shall expire three years after the date that this resolution becomes effective.

SECTION26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant ofthe easement area.

ARTICLE III SECTION27.

That the State of Georgia is the owner ofthe hereinafter described real property in Clarke CoWlty, 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.

SECTION28. 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 an electrical transmission line in, on, over, Wlder, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating an electrical transmission 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 CoWlty, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing prepared by Georgia Power Company, dated February 3, 2003, and on file in the offices ofthe 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.

SECTION29.
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 line.

GEORGIA LAWS 2004 SESSION

849

SECTION 30. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission line.

SECTION31. That, after Georgia Power Company has put into use the electrical transmission 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, 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.

SECTION32. 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.

SECTION33. That ifthe State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, m1der such terms and conditions as the State Properties Cmmnission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall ren1ove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested ren1oval or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 34. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state

850

GENERAL ACTS AND RESOLUTIONS, VOL. I

highway system, or of a coWlty with respect to the county road system or of a municipality with respect to the city street system. 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 area.
SECTION 35. That the easement granted to Georgia Power Company shall contain such othtr 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.

SECTION36. That the consideration for such easen1ent shall be $1 0. 00 and such furthtr consideration and provisions as the State Properties Commission may determine to be in the best interest ofthe State ofGeorgia.
SECTION 37. 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.

SECTION 38. 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.

SECTION39. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant ofthe easement area.

ARTICLE IV SECTION 40.
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 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.

GEORGIA I.AWS 2004 SESSION

851

SECTION 41. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Unified Government of Athens/Clarke County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sewer and 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 sewer and 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 219th GMD of Clarke County, Georgia, and is more particularly described as follows:
'Those portions and those portions only as shown in yellow on a site and utility plan, being sheet C 1.0 entitled "Business/Information Technology Building" prepared by Jordan, Jones and Goulding, dated January 22, 2003, and on file in the offices ofthe State Properties Commission' .IDd 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 42. That the above-described premises shall be used solely for the purpose ofplanning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sewer and water lines.

SECTION 43. That the Unified Government of 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 construction, operation, and maintenance of said sewer and water lines.

SECTION 44. That, after the Unified Government of Athens/Clarke County puts into use the sewer and water lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Unified Government of Athens/Clarke County, or its successors and assigns, shall have the option ofremoving its facilities from the easement area or leaving tl1e same in place, in which event the facility shall become the property ofthe State of Georgia, or its successors and assigns.

SECTION 45. That no title shall be conveyed to the Unified Government of Athens/Clarke County and, except as herein specifically granted to the Unified Government of 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

852

GENERAL ACTS AND RESOLUTIONS, VOL. I

inconsistent with or detrimental to tl1e rights, privileges, and interest granted to the Unified Government ofAthens/Clarke County.

SECTION 46. That this resolution does not affect and is not intended to affect any rights, 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. 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 area.

SECTION 47. That if the State of Georgia, acting by and tlrrough 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 ofthe easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Conrrnission shall in its discretion determine to be in the best interests of the State of Georgia, and the Unified Government of 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 the Unified Government of Athens/Clarke County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation ofthe facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

SECTION 48. That the easement granted to the Unified Government of Atllens/Clarke County shall contain such other reasonable terms, conditions, and covenants as tlle State
Properties Commission shall deem in tlle best interest of tlle State of Georgia and
tllat 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 tlle same easement area herein granted.

SECTION 49. That the consideration for such easement shall be $1 0. 00 and such further consideration and provisions as tlle State Properties Commission may determine to be in tlle best interest oftlle State of Georgia.

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853

SECTION SO. 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.

SECTION 51. That the authorization in tlris resolution to grant the above-described easement to the Unified Government of Athens/Clarke County shall expire three years after the date that tllls resolution becomes effective.

SECTION 52.
That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE V SECTION 53.

That the State ofGeorgia is the owner of the hereinafter described real property in Cobb County, and the property is in the custody of the State Properties Commission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 54. That the State of Georgia, acting by and through its State Properties Commission, may grant to Cobb County, or its successors and assigns, a nonexclusive easement fur the construction, operation, and maintenance of an acceleration/deceleration lane in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating an acceleration/deceleration lane 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 212 and 213 of the 17th district of Cobb County, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow on right of way drawing prepared by Gaskins Surveying and Engineering, Inc., dated April 4, 2003, and all being on file in the offices ofthe State Properties Commission' and may be more particularly described by a plats of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 55. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said acceleration/deceleration lane.

854

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 56. That Cobb County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said acceleration/deceleration lane.

SECTION 57. That, after Cobb 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, Cobb County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property ofthe State of Georgia, or its successors and assigns.

SECTION 58. That no title shall be conveyed to Cobb County, and, except as herein specifically granted to Cobb County, all rights, title and interest in and to said easement area is reserved in the State ofGeorgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges and interest granted to Cobb County.

SECTION 59. That this resolution does not affect and is not intended to affect any rights, 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. 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 area.

SECTION60. That if the State of Georgia, acting by and through its State Properties Conunission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid
interference with the state s use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the
removed or relocated facilities across the alternate site, under such terms and
conditions as the State Properties Commission shall in its discretion determine to
be in the best interests of the State of Georgia, and Cobb County shall remove or
relocate its facilities to the alternate easement area at its sole cost and expense.
unless the State Properties Commission determines that the requested removal or
relocation is to be for the sole benefit of the State of Georgia and approves paymestl by the State of Georgia of all or a portion of such actual cost and expense, not to

GEORGIA LAWS 2004 SESSION

855

exceed by 20 percent the amount of a written estimate provided by Cobb County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation ofthe facilities to an alternate site on State owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State ofGeorgia.

SECTION61. That the easement granted to Cobb County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 62. 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 ofthe State of Georgia.

SECTION63. That this grant of easement shall be recorded by the Grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 64. That the authorization in this resolution to grant the above-described easement to Cobb County shall expire three years after the date that this resolution becomes effective.

SECTION 65. 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 SECTION66.

That the State ofGeorgia is the owner of the hereinafter described real property in Cobb 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 area, the State of Georgia is acting by and through its State Properties Commission.

SECTION 67. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Marietta Board of Lights and Water, or its successors and assigns,

856

GENERAL ACTS AND RESOLUTIONS, VOL. I

a nonexclusive easement for the construction, operation, and maintenance of a water meter 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 water meter 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 211 of the 17th District of Cobb 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 "Water Easement Dedication Exhibit," dated March 6, 2003, prepared by Gaskins Surveying & Engineering Company and on file in the offices of the State Properties Commission' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION68. 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 meter.

SECTION 69. That the Marietta Board of lights and Water 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 meter.

SECTION70. That, after the Marietta Board of lights and Water has put into use the water meter 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 Marietta Board of Lights and Water, 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.
SECTION71. That no title shall be conveyed to the Marietta Board of lights and Water, and,
except as herein specifically granted to the Marietta Board of lights and Water, 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 Marietta Board of lights and Water.

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857

SECTION72. That this resolution does not affect and is not intended to affect any rights, 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. 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 area.

SECTION73. That if the 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 ofGeorgia, and the Marietta Board of lights and Water 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 Marietta Board of lights and Water. 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 ofGeorgia.

SECTION74. That the easement granted to the Marietta Board of lights and Water shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest ofthe 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.

SECTION75. 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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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION76. That this grant of easement shall be recorded by the Grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 77. That the authorization in this resolution to grant the above-described easement to the Marietta Board of lights and Water shall expire three years after the date that this resolution becomes effective.

SECTION78. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant ofthe easement area.

ARTICLE VII SECTION79.

That the State of Georgia is the owner of the hereinafter described real property in Dougherty County, and the property is in the custody of the Department ofNatural Rersources, 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 SO. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Albany, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a storm drain 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 storm drain together with the right of ingress and egress over adjacrot land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lot 320 of the 1st district of Dougherty 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 "Plat of Permanent Utility Easement to be Acquired by the City of Albany froiD State of Georgia" dated January 24, 2003, prepared by Charles R. HutchinsOn. Georgia Registered Land Surveyor #2639 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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859

SECTION St. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said storm drain.

SECTION82. That the City ofAlbany shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance ofsaid storm drain.

SECTION83. That, after the City of Albany has put into use the storm drain 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, tide, privileges, powers, and easement granted herein. Upon abandonment, the City of Albany, 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.

SECTION84. That no tide shall be conveyed to the City of Albany, and, except as herein specifically granted to the City of Albany, 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 ofAlbany.

SECTION85. That this resolution does not aftect and is not intended to affect any rights, 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. 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 area.

SECTION86. That ifthe State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state s use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to

860

GENERAL ACTS AND RESOLUTIONS, VOL. I

be in the best interests of the State of Georgia, and the City of Albany 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 paymmt
by the State of Georgia of all or a portion of such actual cost and expense, not to
exceed by 20 percent the amount of a written estimate provided by the City of Albany. 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.

SECTION87. That the easement granted to the City ofAlbany 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.

SECTION88. 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 ofthe State of Georgia.
SECTION89. That this grant of easement shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION90. That the authorization in this resolution to grant the above-described easement to the City of Albany shall expire three years after the date that tlris resolution
becomes effective.

SECTION91.
That the State Properties Commission is authorized and empowered to do all acts
and things necessary and proper to effect the grant of the easement area.

ARTICLE VIII SECTION92.
That the State of Georgia is the owner of the hereinafter described real prop~c:
Floyd County, and the property is in the custody of the Department of Tee~
and Adult Education, hereinafter referred to as the "easement area" and that, 1D all

GEORGIA LAWS 2004 SESSION

861

matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

SECTION93. That the State of Georgia, acting by and through its State Properties Conunission, may grant to the City of Rome 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 ofGeorgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located in land lots 324 and 357 of the 23rd district 3rd section of Floyd County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a plan and profile drawing plat of survey entitled "Allied Health Center" dated March 15, 2002, and prepared by the Architecture Group, Inc. and being on file in the offices ofthe 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.

SECTION94. That the above-described premises shall be used solely for the purpose ofplanning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer line.

SECTION95. That the City of Rome shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance ofsaid sanitary sewer line.

SECTION96. That, after the City of Rome 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 Rome, or its successors and assigns, shall have the option of removing its &cilities from the easement area or leaving the same in place, in which event the &cility shall become the property of the State of Georgia, or its successors and assigns.

SECTION97. That no title shall be conveyed to the City of Rome and, except as herein specifically granted to the City of Rome, all rights, title, and interest in and to said

862

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 Rome.
SECTION98. That this resolution does not affect and is not intended to affect any rights, 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. 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 area.

SECTION99. That ifthe State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state s use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Rome 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 paymtmt by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the an10unt of a written estimate provided by the City of Rome. 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 100. That the easement granted to the City of Rome shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall dean in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 101. That the consideration for such easement shall be $10.00 and such :furthtt consideration and provisions as the State Properties Commission may determine 1Q be in the best interest ofthe State of Georgia.

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863

SECTION 102. That this grant of easement shall be recorded by the grantee in the Superior Court of Floyd Collllty and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 103. That the authorization in this resolution to grant the above-described easement to the City of Rome shall expire three years after the date that this resolution becomes effective.

SECTION 104. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

ARTICLE IX SECTION 105.

That the State of Georgia is the owner of the hereinafter described real property in Gilmer Collllty, 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 106. That the State of Georgia, acting by and through its State Properties Commission, may grant to Temple Inland Timber Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of ingress and egress, in, on, over, llllder, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating ingress and egress, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in land lots 129 andl30 of the 8th district, 2nd section of Gilmer Collllty, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing prepared by the Department of Natural Resources and being on file in the offices ofthe 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 107. That the above-described premises shall be used solely for the purpose of planning, COnstructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said ingress and egress.

864

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 108. That Temple Inland Timber 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 ingress and egress.

SECTION 109. That, Temple Inland Timber Company 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, Temple Inland Timber 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 110. That no title shall be conveyed to Temple Inland Timber Company and, except as herein specifically granted to Temple Inland Timber 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 Temple Inland Timber Company.

SECTION 111. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a cmmty with respect to the county road system or of a
municipality with respect to the city street system. 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 area.

SECTION 112.
That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be
removed or relocated to an alternate site on state owned land in order to avoid
interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the
removed or relocated facilities across the alternate site, under such terms and
conditions as the State Properties Commission shall in its discretion determine to
be in the best interests of the State ofGeorgia, and Temple Inland Timber CompanY
shall remove or relocate its facilities to the alternate easement area at its sole ~
and expense, unless the State Properties Commission determines that the requesu:
removal or relocation is to be for the sole benefit of the State of Georgia and

GEORGIA LAWS 2004 SESSION

865

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 Temple Inland Timber 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 o f Georgia.

SECTION 113. That the easement granted to Temple Inland Timber Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest ofthe State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 114.

That the consideration for such easement shall be 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 115. That this grant of easement shall be recorded by the Grantee in the Superior Court of Gilmer County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 116. That the authorization in this resolution to grant the above-described easement to Temple Inland Timber Company shall expire three years after the date that this resolution becomes effective.

SECTION 117. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant ofthe easement area.

ARTICLE X SECTION 118.

That the State of Georgia is the owner of the hereinafter described real property in Gwinnett County, Georgia, 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 ofGeorgia is acting by and through its State Properties Commission.

866

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 119. 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 an electrical distribution line 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 the l397th GMD of Gwinnett County, Georgia, and are more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a plat of survey prepared by Georgia Power Company August 15, 2003, being project "North Gwinnett Pump Station Distribution Line," 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 120.
That the above-described premises shall be used solely for the purpose of
constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and
operating said electrical distribution line and guy wires.

SECTION 121. 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 electrical distribution line and guy wires.

SECTION 122. That, after Georgia Power Company, has put into use the electrical distribution line
and guy wires for which this easement is granted, a subsequent abandonment ofthe
use thereof shall cause a reversion to the State of Georgia, {lr 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 123.
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, privileg~
and interest granted to Georgia Power Company.

GEORGIA LAWS 2004 SESSION

867

SECTION 124. That this resolution does not affect and is not intended to affect any rights, 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. 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 area.

SECTION 125. 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 laud iu 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 conditious 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 expeuse, 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 expeuse, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, iu 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 expeuse to the State of Georgia.

SECTION 126. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement areas, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 127. That the consideration for such easement shall be for the fair market value, but not less than $650.00, and such further cousideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

868

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 128. That this grant of easement shall be recorded by the Grantee in the Superior Court of Gwitrnett County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 129. 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 130. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant ofthe easement area.

ARTICLE XI SECTION 131.

That the State of Georgia is the owner of the hereinafter described real property in Houston County, Georgia, and d1e 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 132. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Warner Robins, or his 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 land lot 166 of the 10 district of Morgan County, Georgia, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on a drawing plat
of survey prepared by Walter G. Clements, Georgia Registered Land surveyor
# 1967, dated June 30, 2003 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 fur approval.

GEORGIA LAWS 2004 SESSION

869

SECTION 133. 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.

SECTION 134. That the City of Warner Robins 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.

SECTION 135. That, after the City of Warner Robins 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 Warner Robins, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns.

SECTION 136. That no title shall be conveyed to the City of Warner Robins, and, except as herein specifically granted to the City of Warner Robins, 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 Warner Robins.

SECTION 137. That this resolution does not affect and is not intended to affect any rights, 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. 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 area.

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 easen1ent to allow placement of the removed or relocated facilities across the alternate site, under such terms and

870

GENERAL ACTS AND RESOLUTIONS, VOL. I

conditions as the State Properties Commission shall in its discretion determine to be in the best interests ofthe State of Georgia, and the City of Warner Robins 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 the City of Warner Robins. 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 139. That the easement granted to the City of Warner Robins 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 $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 141. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 142. That the authorization in this resolution to grant the above-described easement to the City of Warner Robins shall expire three years after the date that this resolution becomes effective.

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 XII SECTION 144.

That the State of Georgia is the owner of the hereinafter described real propertY.in Liberty County, Georgia, and the property is in the custody of the State PropetUes

GEORGIA LAWS 2004 SESSION

871

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 145. 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 an underground electrical line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, inspecting and operating an underground electrical line together with the right of ingress and egress over aqjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the 1458th GMD of liberty County, Georgia, and is more particularly described as follows:
'That portion and that portion only as marked in yellow on a drawing prepared by Paul C. Simonton, Georgia Registered Land Surveyor #11009, dated September 21, 2001, and on file in the offices of the State Properties Commission' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

SECTION 146. That the above-described premises shall be used solely for the purpose ofplanning, constructing, installing, maintaining, repairing, inspecting, and operating said underground electrical line.

SECTION 147. That, after Georgia Power Company has put into use the underground electrical 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, 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 148. 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.

872

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 149. That this resolution does not affect and is not intended to affect any rights, 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. 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 area.

SECTION 150. That if the 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 detemtine to
be in the best interests of the State of Georgia, and Georgia Power Company shaD
remove or relocate its facilities to the alternate easement area at its sole cost and
expense, unless the State Properties Commission determines that the requested
removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and
expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties CommissiOII, 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 151. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties CommissioP
shall deem in the best interest of the State of Georgia and that the State Properti Commission is authorized to use a more accurate description of the easement ~ so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

SECTION 152.
That the consideration for such easement shall be $10.00 and such furthet
consideration and provisions as the State Properties Commission may detenniJletr'
be in the best interest of the State of Georgia.

GEORGIA lAWS 2004 SESSION

873

SECTION 153. That this grant of ea.'iement shall be recorded by the Grantee in the Superior Court of Uberty County, Georgia, and a recorded copy shall be forwarded to the State Properties Conunission.

SECTION 154. 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 155. That the State Properties Conunission is authorized and empowered to do all acts and things necessary and proper to effect the grant ofthe easement area.

ARTICLE XIII SECTION 156.

That the State of Georgia is the owner of the hereinafter described real property in Jasper County, Georgia, and the property is in the custody of the State Properties Conunission, hereinafter referred to as the "easement area" and that, in all matters relating to the easement areas, the State ofGeorgia is acting by and through its State Properties Conunission.

SECTION 157. That the State of Georgia, acting by and through its State Properties Conunission, may grant to the Jasper County Water and Sewer Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating a water line, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement areas are located within the bounds of the Charlie Elliott Wildlife Center in Jasper County, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on "Exhibit A" of the Certain Revocable License Agreement dated 8, 2004, and being real property record# 9916, and on file in the offices ofthe State Properties Conunission' and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Conunission for approval.

SECTION 158. That the above-described premises shall be used solely fur the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water line.

874

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 159. That, after the Jasper Coooty Water and Sewer Authority has put into use the water line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Jasper Coooty Water and Sewer Authority, or its successors and assigns, shall have the option of ren10ving 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 160. That no title shall be conveyed to the Jasper Coooty Water and Sewer Authority, and, except as herein specifically granted to the Jasper Coooty Water and Sewer Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to the Jasper Coooty Water and Sewer Authority.

SECTION 161. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state
highway system, or of a coooty with respect to the coooty road system or of a municipality with respect to the city street system. 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 area.

SECTION 162.
That ifthe State of Georgia, acting by and through its State Properties Commission. determines that any or all of the facilities placed on the easement 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, ooder 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 Jasper Coooty Watex and
Sewer Authority shall remove or relocate its facilities to the alternate easemEIIl
areas at its sole cost and expense, ooless the State Properties CommissiOJl
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 ~ portion of such actual cost and expense, not to exceed by 20 percent the amoun~ 0 a written estimate provided by the Jasper County Water and Sewer Authont)'. Upon written request, the State Properties Commission, in its sole discretion, JJJ8J permit the relocation of the facilities to an alternate site on state owned land so lOllS

GEORGIA lAWS 2004 SESSION

875

lS the removal and relocation is paid by the party or parties requesting such removal Jllld at no cost and expense to the State of Georgia.

SECTION 163. That the easement granted to the Jasper County Water and Sewer Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.

SECTION 164. That the consideration for such easement shall be $10.00 and such further
a" consideration and provisions the State Properties Commission may determine to
be in the best interest ofthe State ofGeorgia.

SECTION 165. That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 166. That the authorization in this resolution to grant the above-described easement to the Jasper County Water and Sewer Authority shall expire three years after the date that this resolution becomes effective.

SECTION 167. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant ofthe easement area.

ARTICLE XIV SECTION 168.

That the State of Georgia is the owner of the hereinafter described real property in Meriwether County, and the property is in the custody of the Department ofNatural Resources and Department of Labor, 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 Conunission.

SECTION 169. 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 an electrical distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing,

876

GENERAL ACTS AND RESOLUTIONS, VOL. I

inspecting and operating an electrical distribution 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 areas are located in within the bounds of the campus of Roosevelt Warm Springs Institute for Rehabilitation in Meriwether County, and is more particularly described as follows:
'That portion and that portion only as shown marked in yellow on "Exhibit A" of that certain Revocable License Agreement dated October 28th, 2003, and being real property record # 9899, 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 170. That the above-described prenrises shall be used solely for the purpose ofplanning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical distribution line.

SECTION 171. That, after Georgia Power Company has put into use the electrical distribution 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, 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 172. 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 ofGeorgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company.

SECTION 173. That this resolution does not affect and is not intended to affect any rights, 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. Grantee shall obtain any and all
other required permits from the appropriate governmental agencies as are necessiii'Y for its lawful use of the easement area or public highway right of way and coDlPIY with all applicable state and federal environmental statutes in its use of the easement area.

GEORGIA LAWS 2004 SESSION

877

SECTION 174. 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 Georgia Power Company shall remove or relocate its facilities to the alternate easement areas at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the an10unt 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 175. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description ofthe easement areas, so long as the description utilized by the State Properties Commission describes the same easement areas herein granted.

SECTION 176. That the consideration for such easement shall be $1 0.00 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 177. That this grant of easement shall be recorded by the Grantee in the Superior Court of Meriwether County, Georgia, and a recorded copy shall be forwarded to the State Properties Commission.

SECTION 178. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date that this resolution becomes effective.

SECTION 179. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant ofthe easement area.

878

GENERAL ACTS AND RESOLUTIONS, VOL. I

ARTICLE XV SECTION 180.

That the State of Georgia is the owner of the hereinafter described real property in Union Coooty, 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 areas, the State of Georgia is acting by and through its State Properties Commission.

SECTION 181. That the State of Georgia, acting by and through its State Properties Commission, may grant to Blue Ridge Moootain EMC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an oodergroood electrical line in, on, over, ooder, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating an oodergroood electrical 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 lot 304 of the 9th district, 1st section of Union Coooty, and is more particularly described as follows:
'That portion and that portion only as shown highlighted in yellow as drawing provided by Union Coooty illustrating a non-exclusive easement with and area of 15 feet by 15 0 feet 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 fur approval.

SECTION 182. That the above-described premises shall be used solely for the purpose ofplanning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said oodergroood electrical line.

SECTION 183. That, after Blue Ridge Moootain EMC has put into use the oodergroood electrical line for which this easement is granted, a subsequent abandonment of the ~
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, Blue Ridge Moootain EMC, or its successors and assigns, shall ha~e the option of removing its facilities from the easement area or leaving the same JD place, in which event the facility shall become the property of the State of Georgia.
or its successors and assigns.

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SECTION 184. That no title shall be conveyed to Blue Ridge Mountain EMC and, except as herein specifically granted to Blue Ridge Mountain EMC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement areas not inconsistent with or detrimental to the rights, privileges, and interest granted to Blue Ridge Mountain EMC.

SECTION 185. That this resolution does not affect and is not intended to affect any rights, 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. 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 area.

SECTION 186. That if the State ofGeorgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement areas should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state s use or intended use of the easement areas, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate sites, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State ofGeorgia, and Blue Ridge Mountain EMC 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 Blue Ridge Mountain EMC. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State o f Georgia.

SECTION 187. That the easement granted to Blue Ridge Mountain EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use 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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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 188. 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 189. That this grant of easement shall be recorded by the grantee in the Superior Court of Union County, Georgia, and a recorded copy shall be fmwarded to the State Properties Commission.

SECTION 190. That the authorization in this resolution to grant the above-described easement to Blue Ridge Mountain EMC shall expire three years after the date that this resolution becomes effective.

ARTICLE XVI SECTION 191.

That all laws and parts oflaws in conflict with this resolution are repealed.

Approved May 17, 2004.

COMMISSIONERS OF TRANSPORTATION, CORRECTIONS,
AND INDUSTRY, TRADE, AND TOURISM; BUTTS COUNTY; REGIONAL AIRPORT STUDY.
No. 610 (Senate Resolution No. 589).
A RESOLUTION
Directing a study with respect to the potential location of a regional airport in Butts County; and for other purposes.
WHEREAS, there is interest in the possible location of a regional airport in Butts
County in the vicinity of certain state property now under the custody and
management ofthe Department ofCorrections.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY Of GEORGIA:

GEORGIA lAWS 2004 SESSION

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SECTION 1. 'nl.ere shall be conducted a study of the feasibility of the potential regional airport referred to in this resolution. Such study shall be carried out by: the commissioner of corrections or his or her designee, the commissioner of transportation or his or her designee, the commissioner of industry, trade, and tourism or his or her designee; the chairperson of the Butts County board of commissioners or his or her designee; and the chairperson of the Butts County Development Authority or his or her designee.

SECTION2. 'nl.e study provided for in this resolution shall be completed no later than December 31, 2005, and the officials named in Section I ofthis resolution shall make a report to the General Assembly of their findings and recommendations, together with any proposed legislation which such officials may determine to be appropriate in furtherance oftheir findings and recommendations.

SECTION 3. Staff support for the study shall be provided as appropriate by the state agencies whose commissioners are engaged in the study. The officials engaged in the study or their designees shall serve without compensation but may be reimbursed for expenses incurred in the same manner as and from the same source as for expenses incurred in the performance of their ordinary and regular duties of office.

SECTION4. That this resolution shall become effective as law immediately upon its approval by the Governor or upon its becoming law without such approval.

Approved May 17, 2004.

BURKE '{:r VETERANS PARKWAY; DESIGNATE.
No. 611 (Senate Resolution No. 184).
A RESOLUTION
Honoring the Military Veterans of Burke County and designating the Burke '{:r Veterans Parkway; and for other purposes.
WHEREAS, many residents of Burke County have served their country with honor and distinction as members of the United States armed forces; and
WHEREAS, it is fitting and proper that the outstanding accomplishments and sacrifices ofthese distinguished Americans be recognized appropriately.

882

GENERAL ACTS AND RESOLUTIONS, VOL. I

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the Military Veterans of Burke CoWlty for their gallant service to their COWltry and state.

BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the 121 Bypass aroWld the eastern side of the City of Waynesboro be designated the Burke -tf Veterans Parkway.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized
and directed to place and maintain appropriate markers designating the Burke T:!
Veterans Parkway.
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.

Approved May 17, 2004.

THELMA "T-LADY" ROSS BRIDGE; WILLIAM S. "BILL" HUTCHINGS BRIDGE; JUDGE JIM
WEEKS INTERSECTION; DESIGNATE.
No. 612 (Senate Resolution No. 66).
A RESOLUTION
Designating certain portions of the state highway system; repealing part of a certain resolution naming a portion ofthe state highway system; and for other purposes.
PART I
Part I of a Resolution Designating the Thelma "T-Lady" Ross Bridge at the Interstate 75 South and U.S. 80 interchange in Macon, approved JWle 4, 2003 (Ga L. 2003, p. 934), is hereby repealed.
PART II
WHEREAS, Thelma Daniels Ross, known affectionately as "T-Lady," served Mercer University for 52 years w1til she passed from this life on August 12, 2001; and

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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 ofscholarship 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 SR 74 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 III

WHEREAS, WilliamS. "Bill" Hutchings was a pillar of the Macon community, whose influence touched numerous aspects of community life from education to business; and

WHEREAS, he owned and managed one of the oldest black businesses in Bibb County, and he served many years on the Bibb County Board of Education; and

WHEREAS, he served in the U.S. Army during World War II and afterwards graduated from Lincoln University and Atlanta College of Mortuary Science; and

WHEREAS, he was the first African American to be elected county-wide in Bibb County since Reconstruction, the first African American to be appointed to the Georgia State Board of Funeral Services, and the first African American to serve as president ofsuch board; and

WHEREAS, Mr. Hutchings passed from this life on December 8, 2000, and it is only fitting and proper that his 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

884

GENERAL ACTS AND RESOLUTIONS, VOL. I

Macon is designated the William S. Hutchings 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 William S. Hutchings.

PART IV

WHEREAS, Judge Jim Weeks is an outstanding and distinguished Georgian and resident ofDeKalb County who has resided in the state for 43 years; and

WHEREAS, Judge Jim Weeks has served as an exemplary judge for over 20 years, as a superior court judge for the Stone Mountain Judicial Circuit from 1982-2000 and as a senior judge for the State of Georgia since 2000; and

WHEREAS, he has many ties to the DeKalb and Atlanta areas and, since receiving his liB from Emory University in 1961 and his law degree from Emory University in 1970, he has worked in private practice in Atlanta and Decatur for 21 years, served as the County Attorney for DeKalb County, Special Assistant Attorney General, and Assistant City Attorney for the City ofAtlanta; and

WHEREAS, it is fitting and proper that the numerous contributions and achievements ofthis exceptional Georgian be appropriately recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF
GEORGIA that the intersection of LaVista Road, State Route 236, and Oak Grove Road in DeKalb County is designated the Judge Jim Weeks Intersection.

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs designating such intersection.

BE IT FURTHER RESOLVED that the Clerk ofthe House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Judge Jim Weeks and the Department of Transportation.

Approved May 17, 2004.

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POPUlATION ACTSCITIES OF 300,000 OR MORE; ABOUSH CERTAIN COURTS.

No. 613 (Senate Bill No. 497).

AN ACT

To repeal an Act re-creating a system of state courts oflimited jurisdiction for each city of this state having a population of300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), as amended; to abolish such courts created pursuant to such Act; to provide for the transfer of cases and matters pending in such courts on the effective date of this Act; to provide for the transfer of records, books, minutes, files, and documents; to provide for the transfer of certain positions in such courts on the effective date 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. An Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decemrial census of 1990 or any future such census, approved April4, 1996 (Ga. L. 1996, p. 627), as amended, is repealed in its entirety and such courts created pursuant to such Act are abolished.

SECTION2. On the effective date of this Act, all cases and matters pending in any court abolished by Section 1 of this Act shall be transferred to the municipal court of the city in which such abolished court was located. The chiefjudge of such municipal court shall then transfer those cases over which the municipal court does not have jurisdiction to the appropriate court. All records, books, minutes, files, and documents relating to such cases or prior cases of the city court shall be likewise transferred. This Act shall be applicable only with an executed intergovernmental agreement between all affected jurisdictions.

SECTION3. On the effective date of this Act, each judge of a court abolished by Section 1 of this Act shall become a judge in the municipal court of the city in which such abolished court was located and shall be subject to retention until the expiration of the judges current term of office. On the effective date ofthis Act, each judge pro hac vice or senior judge of a court abolished by Section 1 of this Act shall become a judge pro hac vice in the municipal court ofthe city in which such abolished court was located and shall retain such position until at least December 31, 20 I 0.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION4. This Act shall become effective on January I, 2005.

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

Approved May 17, 2004.

LOCALGOVERNMENTREVENUETAX
ALLOCATION DISTRICTS; REDEVELOPMENT AREAS;
BONDS; COMMERCIAL PAPER.
No. 614 (Senate Bill No. 514).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change certain provisions regarding the creation of tax allocation districts; to change the definition of redevelopment area; to change certain provisions regarding the allocation of certain tax allocation increments; to change certain provisions regarding the use of local general fund moneys with respect to tax allocation bonds; to authorize the issuance of commercial paper; to authorize the issuance of general obligation bonds bearing interest at variable rates; to provide for procedures, conditions, and limitations; 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 36 of the Official Code of Georgia Annotated, relating to local government. is amended by striking subparagraphs (F) and (G) ofparagraph (7) ofCode Section 36-44-3, relating to definitions regarding redevelopment powers, and inserting in their places new paragraphs (F), (G), and (H) to read as follows:
"(F) Any geographic area designated within the comprehensive plan of a political subdivision for redevelopment which has previously bet:ll
developed for commercial, residential, industrial, office, or similar or
ancillary uses and which lies within the service delivery area of the political
subdivision, in which the current condition of the area is less desirable than
the redevelopment of the area for new commercial, residential, industrial.

GEORGIA lAWS 2004 SESSION

887

office, or other uses, or a combination of uses, including the provision of open space or pedestrian and transit improvements, and any geographic area that is adversely affected by airport or transportation related noise or other environmental degradation, contamination, or other environmental factors which the political subdivision has determined to be impairing or retarding the redevelopment ofthe area; (G) Any urbanized or developed area or an area connecting two or more urbanized or developed areas that has been subject to some development but which has inadequate roadways, bridges, or public transportation or transit facilities incapable of handling the volume of traffic or passenger flow in or through the area in a safe and efficient manner either at present or following proposed redevelopment; or (H) Any area combining any factors specified in subparagraphs (A) through (G) of this paragraph."

SECTION2. Said title is further amended by striking Code Section 36-44-8, relating to creation of tax allocation districts, and inserting in its place a new Code Section 36-44-8 to read as follows:
36-44-8. In order to create and carry out the purposes of a tax allocation district, the following steps are required:
(1) Preparation by the redevelopment agency of a redevelopment plan for the proposed tax allocation district and its submission for consent to the political subdivision or board of education required to consent, if the plan proposes to include in the tax allocation increment ad valorem taxes levied by a political subdivision or board of education required to consent to such inclusion under Code Section 36-44-9, or ifthe plan proposes to pledge for payment or security for payment of tax allocation bonds and other redevelopment costs the general
funds of a county required to consent to such inclusion under Code Section
36-44-9; (2) Submission of the redevelopment plan to the local legislative body of the political subdivision whose area of operation will include the tax allocation district; (3) Adoption by the local legislative body of a resolution approving the redevelopment plan and which:
(A) Describes the boundaries of the tax allocation district with sufficient definiteness to identity with ordinary and reasonable certainty the territory included. The boundaries shall include only those whole units of property assessed for ad valorem property tax purposes; (B) Creates the district on December 31 following the adoption of the resolution or on December 31 of a subsequent year as determined by the local legislative body; (C) Assigns a name to the district for identification purposes. The first district created shall be known as 'Tax Allocation District Number 1,'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

followed by the name of the political subdivision within whose area of operation the district is located; (D) Specifies the estimated tax allocation increment base; (E) Specifies property taxes to be used for computing tax allocation increments; (F) Specifies the property proposed to be pledged for payment or security for payment of tax allocation bonds which property may include positive tax allocation increments derived from the tax allocation district, all or part of general funds derived from the tax allocation district, and any other property from which bonds may be paid under Code Section 36-44-14, as determined by the political subdivision subject to the limitations of Code Sections 36-44-9 and 36-44-20; and (G) Contains findings that:
(i) The redevelopment area on the whole has not been su~ject to growth and development through private enterprise and would not reasonably be anticipated to be developed without the approval of the redevelopment plan or includes one or more natural or historical assets which have not been adequately preserved or protected and such asset or assets would not reasonably be anticipated to be adequately preserved or protected without the approval ofthe redevelopment plan; and (ii) The improvement of the area is likely to enhance the value of a substantial portion ofthe other real property in the district If any information required to be included in the resolution approving the redevelopment plan under subparagraphs (A) through (G) of this paragraph is contained in the redevelopment plan, then the resolution approving the redevelopment plan may incorporate by reference that portion of the redevelopment plan containing said information; and (4) A certified copy of any resolution giving the consent required under paragraph (I) of this Code section must be submitted to the local legislative body of the political subdivision whose area of operation will include the tax allocation district prior to inclusion of such ad valorem taxes or general funds in calculation ofthe tax allocation increment."

SECTION3. Said title is further amended by strikihg subsection (c) of Code Section 36-44-11, relating to allocation of certain tax allocation increments, and inserting in its place a new subsection (c) to read as follows:
"(c) All positive tax allocation increments received for a tax allocation district shall be deposited into a special fund for the district upon receipt by the fiscal officer of the political subdivision. All general funds derived from the tax allocation district which have been pledged for payment or security for payment of tax allocation bonds and other redevelopment costs of the tax allocation district shall be deposited upon receipt into the special fund. Any lease or otha" contract payments made under the district's redevelopment plan shall also be deposited upon receipt into the special fund. Moneys derived from positive tax

GEORGIA LAWS 2004 SESSION

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allocation increments, general fund moneys, and moneys derived from lease or other contract payments shall be accounted for separately within the special fund. Moneys shall be paid out of the fund only to pay redevelopment costs of the district or to satisfy claims of holders of tax allocation bonds issued for the district. The local legislative body shall irrevocably pledge all or a part of such special fund to the payment of the tax allocation bonds. The special fund or designated part thereof may thereafter be used only for the payment of the tax allocation bonds and interest until they have been fully paid, and a holder of said bonds shall have a lien against the special fund or said designated part thereof pledged for payment of said bonds and may either at law or in equity protect and enforce the lien. General funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay principal and interest due on such bonds. Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other funds of the political subdivision. Except as provided in Code Section 36-44-20, general funds derived from the tax allocation district may be used for payment of tax allocation bonds only to the extent that positive tax allocation increments and lease or other contract payments in the special fund are insufficient at any time to pay the principal and interest due on such bonds. After all redevelopment costs and all tax allocation bonds of the district have been paid or provided for, subject to any agreement with bondholders, if there remains in the fund any moneys derived from positive tax allocation increments, they shall be paid over to each county, municipality, consolidated govermnent, or county or independent board of education whose ad valorem property taxes were affected by the tax allocation district in the same manner and proportion as the most recent distribution by the county tax collector or tax commissioner, municipal official responsible for collecting municipal ad valorem property taxes, or consolidated govermnent official responsible for collecting consolidated govermnent ad valorem property taxes. If there remains in the fund any other moneys, they shall be paid over to each political subdivision which contributed to the fund in proportion to the respective total contribution each made to the fund:

SECTION4. Said title is further amended by striking Code Section 36-44-20, relating to use of local general fund moneys with respect to tax allocation bonds, and inserting in its place a new Code Section 36-44-20 to read as follows:
'36-44-20. (a) Notwithstanding any other provisions of this chapter, a local legislative body may use, pledge, or otherwise obligate its general funds for payment or security for payment of tax allocation bonds issued or incurred under this chapter but only if those general funds are derived from a designated tax allocation district and used for payment or security for payment of tax allocation bonds issued or incurred under this chapter for redevelopment of that district and only to the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

extent that positive tax increments or lease or other contract payments in that
district's special fund are insufficient at any time to pay principal and interest due on such bonds. (b) The requirement of insufficiency provided for in subsection (a) of this Code section may be satisfied by adoption of a resolution of the local legislative body finding that positive tax increments or lease or other contract payments in the district's special fund will be insufficient to pay principal and interest on bonds to be issued to finance redevelopment costs for the redevelopment described in the redevelopment plan.

SECTIONS. Said title is further amended by adding a new article at the end of Chapter 82, relating to bonds, to be designated Article 10, to read as follows:

'ARTICLE 10

36-82-240. As used in this article, the term:
(1) 'Governing body' means the board, commission, council, or other local legislative body of governmental entity. (2) 'Governmental entity' means any school district, independent school system, county, municipal corporation, consolidated city-county government, or other political subdivision of the state, any local authority, local body corporate, or local public corporation created by or pursuant to the Constitution of Georgia or any general, local, or special Act of the General Assembly, or any special district or community improvement district of the state. The term 'governmental entity' does not include 'state authorities' as defined in paragraph (9) of Code Section 50-17-21.

36-82-241. (a) Whenever a governmental entity is authorized by law to issue bonds, notes, or certificates, including but not limited to general obligation bonds, revenue bonds, bond anticipation notes, tax anticipation notes, or revenue anticipation certificates, such governmental entity is authorized to issue such obligation in the form of commercial paper notes. The issuance of commercial paper notes shall be subject to the same restrictions and provisions under the laws of this state which would be applicable to the issuance of the type ofbond, note, or certificate in lieu of which the commercial paper notes are being issued. The governin8 body of any governmental entity may designate the commercial paper notes issued under this article to be in registered form or bearer form and may provide for payment by wire transfers or electronic funds transfer in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C., Section 1693, et seq. The authority granted by this article to issue commercial paper notes shall not be construed to permit the govennnental entity to increase or otherwise alter anY debt limits.

GEORGIA LAWS 2004 SESSION

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(b) To secure corrunercial paper notes authorized under this article, a governmental entity may:
(I) Pledge its anticipated taxes, grants, other revenue, the proceeds of any bonds, notes, or other permanent financing, or any combination thereof; (2) Segregate any pledged fin1ds in separate accounts that may be held by the governmental entity or third parties; (3) Enter into contracts with third parties to obtain standby lines of credit or other financial commitments designated to provide additional security for commercial paper notes authorized by this article; (4) Establish any reserves deemed necessary for the payment of the corrunercial paper notes; and (5) Adopt ordinances or resolutions and enter into agreements containing covenants, including covenants to issue bonds, notes, or other permanent financing and provisions for protection and security of the owners of corrunercial paper notes, which shall constitute enforceable contracts with such owners. (c) Corrunercial paper notes authorized by this article may be in any form and contain any terms, including provisions for redemption at the option of the owner and provisions for the varying of interest rates in accordance with any index, banker's loan rate, or other standard. (d) The governing body shall adopt an ordinance or resolution finding that issuance of the obligations in the form of corrunercial paper notes is necessary and desirable, directing the designated officer to arrange for preparation of the requisite number ofsuitable notes, and speciJying other provisions relating to the corrunercial paper notes including the following: (I) For each program of corrunercial paper notes authorized, the final date of maturity and the total aggregate principal amount of the corrunercial paper notes authorized to be outstanding at any one time up to the maturity date. The ordinance or resolution may provide that the corrunercial paper notes may be issued and renewed from time to time until the final maturity date and that the amount issued from time to time may be set by a designated officer of the governmental entity up to the maximum amount authorizoo to be outstanding at any one time. The ordinance or resolution shall include methods of setting the dates, numbers, and denominations ofthe corrunercial paper notes; (2) The method of setting the interest rates and interest payment dates applicable to the corrunercial paper notes. Corrunercial paper notes may bear a stated rate of interest payable only at maturity, which rate or rates may be determined at the time of sale of each unit of corrunercial paper notes; (3) The maximum effective rate of interest the corrunercial paper notes shall bear; (4) The manner of sale; (5) The discount, if any, the governmental entity may allow; (6) Any provisions for the redemption of the corrunercial paper notes prior to the stated maturity; (7) The technical form and language ofthe corrunercial paper notes; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(8) All other terms and conditions of the connnercial paper notes and oftheir execution, issuance, and sale deemed necessary and appropriate by the governing body. (e) The governing body, in the ordinance or resolution authorizing the issuance of connnercial paper notes lUlder this article, may delegate to any elected or appointed official or employee of the govermnental entity the authority to determine maturity dates, principal amolUlts, redemption provisions, interest rates, and other terms and conditions of such connnercial paper notes that are not appropriately determined at the time of enactment or adoption of the authorizing ordinance or resolution, which delegated authority shall be exercised subject to such parameters, limitations, and criteria as may be set forth in such ordinance or resolution. (f) Any connnercial paper notes may be sold at negotiated sale at a price below the par value thereof (g) For purposes of determining the principal amolUlt of debt outstanding in connection with complying with any limitations on the amolUlt of debt outstanding for a govermnental entity, connnercial paper notes shall be deemed outstanding at any time during the term of a program of connnercial paper notes in an amolUlt equal to the maximum amolUlt authorized in the ordinance or resolution. (h) The renewal and reissuance from time to time of the connnercial paper notes pursuant to a connnercial paper note program in an amolUlt up to the maximum amolUlt authorized by the ordinance or resolution shall be deemed to be a refi.mding of the previously maturing amolUlt."

SECTION6. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-17-23, relating to general obligation and guaranteed revenue debts, by adding a new subsection at the end thereo( to be designated subsection (d), to read as follows:
"(d) Variable rate debt. (1) As used in this subsection, the term 'variable rate debt' means general obligation debt bearing interest at a variable interest rate. (2) Variable rate debt may be incurred in the following manner: (A) For purposes ofcalculating the highest annual debt service requirements for variable rate debt, interest may be calculated at the maximum rate of interest that may be payable during any one fiscal year, after taking into accolUlt any credits permitted in the related bond resolution, indenture, or
other instrument against such amolUlt; (B) Any resolution authorizing general obligation debt which is variable rate
debt, in lieu of stating the rate or rates at which such variable rate debt shall bear interest and the price or prices at which such variable rate bonds shall
be initially sold or remarketed, in the event of purchase and subseq~ent resale, may provide that such interest rates and prices may vary from ~ to time depending on criteria established in the approving resolution, whi

GEORGIA LAWS 2004 SESSION

893

criteria may include, without limitation, references to indices or variations in interest rates as may, in the judgment of a remarketing agent, be necessary to cause variable rate debt to be remarketable from time to time at a price equal to its principal amount and may provide for the appointment of a bank, trust company, investment bank, or other financial institution to serve as remarketing agent for such purposes. The resolution for any variable rate debt may provide that alternate interest rates or provisions for establishing alternate interest rates, different security or claim priorities, or different call or amortization provisions will apply during such times as the variable rate debts are held by a person providing credit or liquidity enhancement arrangements for such debt as authorized in subparagraph (C) of this paragraph. The resolution may also provide for such variable rate debt to bear interest at rates established pursuant to a process generally known as an auction rate process and may provide for appointment of one or more financial institutions or investment banks to serve as auction agents and broker-dealers in connection with the establishment of such interest rates and sale and remarketing of such debt; (C) In connection with the issuance of any variable rate debt, the state may enter into arrangements to provide additional security and liquidity for such debt, including without limitation, bond or interest rate insurance or letters of credit, bond purchase contracts, or other arrangements whereby fi.mds are available to retire or purchase such variable rate debt, thereby assuring the ability of owners of the variable rate debt to sell or redeem such debt. The state may enter into contracts and may agree to pay fees to persons providing such arrangements, but only under circumstances where the appropriate officer has certified that he or she reasonably expects that the total interest paid or to be paid on the variable rate debt, together with the fees for the arrangements, being treated is if interest, would not, taken together, cause the debt to bear interest, calculated to its stated maturity, at a rate in excess ofthe rate that the debt would bear in the absence of such arrangements; and (D) The state may enter into qualified interest rate management agreements with respect to any variable rate debt. Net payments for such qualified interest rate management agreements shall constitute interest on the variable rate debt and shall be paid from the same source as payments on the variable rate debt. During the term of any qualified interest rate management agreement, annual debt service requirements of the variable rate debt may be calculated taking into account any amounts to be paid or received pursuant to the terms of such qualified interest rate management agreement.

SECTION?. Said title is further amended by adding a new article at the end of Chapter 17, relating to state debt, investment, and depositories, to be designated Article 4, to read as follows:

894

GENERAL ACTS AND RESOLUTIONS, VOL. I

'ARTICLE4

50-17-90. As used in this article, the tenn:
(I) 'Governing body' means, with respect to the state, the Georgia State Financing and Investment Conunission, and with respect to a state authority, such authority's board. (2) 'State authority' shall mean 'state authority' as defined in paragraph (9) of Code Section 50-17-21.

50-17-91. (a) Whenever the state or any state authority is authorized by law to incur bonds, notes, or certificates, including but not limited to general obligation bonds, guaranteed revenue bonds, revenue bonds, bond anticipation notes, tax anticipation notes, or revenue anticipation certificates, the state or state authority is authorized to issue such obligation in the form ofcommercial paper notes. The issuance of commercial paper notes shall be subject to the same restrictions and provisions under the laws of this state which would be applicable to the issuance of the type of bond, note, or certificate in lieu of which the commercial paper notes are being issued. The state or state authority may designate the commercial paper notes issued under this article to be in registered form or bearer form and may provide for payment by wire transfers or electronic funds transfer in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C., Section 1693, et seq. The authority granted by this article to issue commercial paper notes shall not be construed to permit the state or state authority to increase or otherwise alter any debt limits. (b) To secure commercial paper notes authorized under this article, the state or state authority may:
(I) Pledge its anticipated taxes, grants, other revenue, the proceeds of any bonds, notes, or other permanent financing, or any combination thereof; (2) Segregate any pledged funds in separate accounts that may be held by the state, state authority, or third parties; (3) Enter into contracts with third parties to obtain standby lines of credit or other financial commitments designated to provide additional security for commercial paper notes authorized by this article; (4) Establish any reserves deemed necessary for the payment of the commercial paper notes; and (5) Adopt resolutions and enter into agreements containing covenants, including covenants to issue bonds, notes, or other permanent financing and provisions for protection and security of the owners of commercial paper notes, which shall constitute enforceable contracts with such owners.
(c) Commercial paper notes authorized by this article may be in any form and
contain any tenus, including provisions for redemption at the option of the owner and provisions for the varying of interest rates in accordance with any index. banker's loan rate, or other standard.

GEORGIA LAWS 2004 SESSION

895

(d) The governing body shall adopt a resolution finding that issuance of the obligations in the form of commercial paper notes is necessary and desirable, directing the designated officer to arrange for preparation of the requisite number of suitable notes, and specifYing other provisions relating to the commercial paper notes including the following:
(I) For each program of commercial paper notes authorized, the final date of maturity and the total aggregate principal amount of the commercial paper notes authorized to be outstanding at any one time up to the maturity date. The resolution may provide that the commercial paper notes may be issued and renewed from time to time m1til the final maturity date and that the amount issued from time to time may be set by a designated officer of the governmental entity up to the maximum amount authorized to be outstanding at any one time. The resolution shall include methods of setting the dates, numbers, and denominations ofthe commercial paper notes; (2) The method of setting the interest rates and interest payment dates applicable to the commercial paper notes. Commercial paper notes may bear a stated rate of interest payable only at maturity, which rate or rates may be determined at the time of sale of each unit of commercial paper notes; (3) The maximum effective rate of interest the commercial paper notes shall bear; (4) The manner of sale; (5) The discount, if any, the state or state authority may allow; (6) Any provisions for the redemption of the commercial paper notes prior to the stated maturity; (7) The technical form and language ofthe commercial paper notes; and (8) All other terms and conditions of the commercial paper notes and of their execution, issuance, and sale deemed necessary and appropriate by the state or state authority. (e) The governing body, in the resolution authorizing the issuance of commercial paper notes under this article, may delegate to any elected or appointed official of the state or state authority the authority to determine maturity dates, principal amounts, redemption provisions, interest rates, and other terms and conditions of such commercial paper notes that are not appropriately determined at the time of enactment or adoption of the authorizing resolution, which delegated authority shall be exercised subject to such parameters, limitations, and criteria as may be set forth in such resolution. (f) Any commercial paper notes may be sold at negotiated sale at a price below the par value thereof (g) For purposes of determining the principal amount of debt outstanding in connection with complying with any limitations on the amount of debt outstanding for a governmental entity, commercial paper notes shall be deemed outstanding at any time during the term of a program of commercial paper notes in an amount equal to the maximum amount authorized in the resolution. (h) The renewal and reissuance from time to time of the commercial paper notes pursuant to a commercial paper note program in an amount up to the maximum

896

GENERAL ACTS AND RESOLUTIONS, VOL. I

amount authorized by the resolution shall be deemed to be a refimding of the previously maturing amount

SECTIONS. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Sections 2, 3, and 4 ofthis Act shall become effective on July 1, 2004.

SECTION9. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

MOTOR VEIDCLES -TRAFFIC ACCIDENTS; VEHICLES REMOVED
FROM ROADWAY.
No. 615 (Senate Bill No. 525).
AN ACT
To amend Code Section 40-6-275 of the Official Code of Georgia Annotated. relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, so as to provide that such vehicles shall be removed from the traveled way of all public roads; to provide fur a certain penalty; 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 40-6-275 of the Official Code of Georgia Annotated, relating to the removal of vehicles involved in traffic accidents from the main traveled way of expressways and multilane highways, is amended by striking said Code section in its entirety and inserting in its place the following:
'40-6-275. (a) Any other provision of this article or any other law to the contrary notwithstanding, motor vehicles involved in traffic accidents and the drivers of such motor vehicles shall be subject to the provisions ofthis Code section. (b) This Code section shall apply to motor vehicle traffic accidents which ~ on the public roads of this state as defined in paragraph (24) of Code secuon

GEORGIA LAWS 2004 SESSION

897

32-1-3. Any violation of this Code section shall be punishable as a misdemeanor pursuant to Code Section 40-6-1.
(c) When a motor vehicle traffic accident occurs with no apparent serious personal injury or death, it shall be the duty of the drivers of the motor vehicles involved in such traffic accident, or any other occupant of any such motor vehicle who possesses a valid driver s license, to remove said vehicles from the immediate confines of the roadway into a safe refuge on the shoulder, emergency lane, or median or to a place otherwise removed from the roadway whenever such moving of a vehicle can be done safely and the vehicle is capable of being normally and safely driven, does not require towing, and can be operated under its own power in its customary mrumer without further drunage or hazard to itsel( to the traffic elements, or to the roadway. The driver of any such motor vehicle may request any person who possesses a valid driver s license to remove any such motor vehicle as provided in this Code section, and any such person so requested shall be authorized to comply with such request. (d) The driver or any other person who has removed a motor vehicle from the main traveled way of the road as provided in subsection (c) of this Code section before the arrival of a police officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle pursuant to this Code section. (e) This Code section shall not abrogate or affect a driver s duty to file any written report which may be required by a local law enforcement agency, but compliance with the requirements of this Code section shall not allow a driver to be prosecuted for his or her failure to stop and immediately report a traffic accident. (f) This Code section shall not abrogate or affect a driver's duty to stop and give information in accordance with law, nor shall it relieve a police officer of his or her duty to render a report in accordance with law. (g) Employees of the Department of Transportation, in the exercise of the management, control, and maintenance of the state highways, may require and assist in the removal from the main traveled way of roads on the state highway system of all vehicles incapacitated from any cause other than having been involved in a motor vehicle accident and of all vehicles incapacitated as a result of motor vehicle traffic accidents and of debris caused thereby when such motor vehicle accidents occur with no apparent serious personal injury or death, where such move can be accomplished safely by the drivers of the vehicles involved or with the assistance of a towing or recovery vehicle and will result in the improved safety or convenience of travel upon the road. However, a vehicle incapacitated as a result of a motor vehicle traffic accident with apparent serious personal injury or death may not be moved until the enforcement officer has made the necessary measurements and diagrams required for the initial accident investigation.

SECTION2. This Act shall become effective on July 1, 2004.

898

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

HIGHWAYS- TRANSPORTATION INVESTIGATORS; STREETCAR PROGRAM.
No. 621 (House Bill No. 1156).
AN ACT
To amend Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the officers of the Department of Transportation, so as to provide that the connnissioner of transportation shall have the authority to appoint and employ investigators; to provide for a streetcar transportation program; to provide for powers of such investigators; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated. relating to officers of the Department of Transportation, is amended by striking subsection (b) ofCode Section 32-2-41, relating to powers, duties, and authority of the connnissioner, and inserting in its place the following:
'(b)(1) The connnissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he or she may deem necessary or useful to the effective operation and administration of the department except that the connnissioner shall not employ a person who is related within the second degree of consanguinity to the connnissioner or any member of the board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a board member or appointment of a connnissioner. The connnissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficit211 operation ofthe department. (2) Notwithstanding the provisions of subsection (b) of Code Section 32-6-29, the connnissioner shall have the authority to appoint and employ five nonuniformed investigators who shall be certified peace officers pursuant to the provisions of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' The investigators shall have full arrest powers in cases

GEORGIA lAWS 2004 SESSION

899

involving internal affairs of the department and in cases involving obstruction of, encroaching on, or ~jury to public roads or rights of way. In such cases, the investigators shall be authorized:
(A) To investigate Department of Transportation related crimes committed anywhere in the state; (B) To arrest any person violating the criminal laws ofthis state; (C) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (D) To enforce in general the criminal laws ofthis state; (E) To issue citations for civil damage to any person found to be violating the laws, rules, and regulations pertaining to vegetation management; and (F) To carry firearms while performing their duties but only if such investigators have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act.' (3) The power granted to tl1e commissioner in paragraph ( 1) ofthis subsection shall be subject to and limited by Article I of Chapter 20 of Title 45 establishing a merit system for department employees, to the extent that the same or any amendments thereto are now or may be hereafter applicable to department personnel."

SECTION2. The department will form a pilot program that will provide a state level flow through point for any available federal funding or other forms of financial and development sources and assistance for local, regional, and public-private streetcar projects. Any funding through bonds for such pilot and grant program shall be administered by the State Road and Tollway Authority.

SECTION3. This Act shall become effective on July I, 2004.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

900

GENERAL ACTS AND RESOLUTIONS, VOL. I

COURTS- SUPERIOR COURT CLERKS; VARlOUS SUNSET EXTENSIONS.

No. 622 (House Bill No. 81 0).

AN ACT

To amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, so as to provide for certain fees and to extend the SWlset date of such fees; to amend Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, so as to extend the sunset date of said Code section; to amend Code Section 15-6-98 of the Official Code of Georgia Annotated, relating to collection and remittance of certain fees to the Georgia Superior Court Clerks Cooperative Authority, so as to extend the sunset date of said Code section; 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 15-6-77 of the Official Code of Georgia Annotated, relating to fees of superior court clerks, is amended by striking subsections (f) and (fl) in their entirety and inserting in lieu thereofthe following:
'(f) Until July I, 2010, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
{l){A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page . . . . . . . . . . . . . . . . . . . . . . . $ 9.50
Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00
(ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for Uniform CoDWlercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, 4.50 and writs of fieri facias, first page ....................... .
Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00

GEORGIA l.AWS 2004 SESSION

901

(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, tennination statements, release of collateral, or other filing pursuant to Article 9 ofTitle II, first page .................................. .

10.00

Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00

(2) Filing maps or plats, each page . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.5 0

(3) For processing an assignment of a security deed, for each deed assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50
(f I) On and after July I, 20 I0, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
(1 )(A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, and$ 4.50 cancellation of deeds, liens, and writs of fieri facias, first page .....

Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00

(B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 ofArticle 9 of Title 11, first page . . . . . . . . . . . . . . . . . . . . . . . . . . 10. 00

Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00

(2) Filing maps or plats, each page . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50

(3) For processing an assigmnent of a security deed, for each deed assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50"

SECTION2. Code Section 15-6-97 of the Official Code of Georgia Annotated, relating to the state-wide uniform automated information system for property records, is amended by striking such Code section in its entirety and inserting in lieu thereof the following:
'15-6-97. (a) The Georgia Superior Court Clerks Cooperative Authority or its designated agent shall develop and implement a state-wide uniform automated information

902

GENERAL ACTS AND RESOLUTIONS, VOL. I

system for real and personal property ra:ords, excluding filings made pursuant to Article 9 ofTitle 11. In furtherance ofdevelopment and implementation ofthe system, the authority shall have the ability to contract with the clerks of superior courts and any other parties that the authority deems na:essary. The Georgia Superior Court Clerks Cooperative Authority shall have authority to implement rules and regulations na:essary to develop and implement the system described in this Code sa:tion. (b) The Georgia Superior Court Clerks Cooperative Authority shall have the following powers and duties in addition to those otherwise provided by law:
(1) To provide for the colla:tion ofmoneys; (2) To manage, control, and dira:t such fimds and the expenditures made therefrom; (3) To distribute the moneys at the discretion of the authority in such manner and subja:t to such terms and limitations as the Georgia Superior Court. Clerks' Cooperative Authority in its discretion shall determine will best further the public purpose ofthe authority; and (4) To exercise all other powers na:essary for the development and implementation ofthe system provided for in this Code sa:tion. (c) This Code sa:tion shall be repealed in its entirety on July I , 20 I0."

SECTION3. Code Sa:tion I5-6-98 of the Official Code of Georgia Annotated, relating to colla:tion and remittance of certain fees to the Georgia Superior Court Clerks' Cooperative Authority, is amended by striking such Code sa:tion in its entirety and inserting in lieu thereofthe following:
"15-6-98. (a) The clerk of the superior court of each county of this state shall colla:t for each court in which he or she serves as clerk the fees provided for in this chapter. (b) From the fees enumerated in division (t)(I)(A)(i) of Code Sa:tion I5-6-77, the Georgia Superior Court Clerks Cooperative Authority shall colla:t from each clerk of superior court $5.00 from each fee colla:ted. (c) The sums withheld pursuant to division (f)( I)(A)(i) of Code Sa:tion IS-6-77 shall be remitted to the Georgia Superior Court Clerks Cooperative Authority by each clerk of a superior court for the purpose of effa:tuating the provisions ofthis Code sa:tion and any other provision oflaw. Such fees shall be remitted not later than the tenth day of the month following the colla:tion of such fees by the clerk of a superior court. (d) This Code sa:tion shall be repealed in its entirety on July I, 201 0."

SECTION4. This Act shall ba:ome effa:tive upon its approval by the Governor or upon its ba:oming law without such approval.

GEORGIA lAWS 2004 SESSION

903

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

Approved May 17, 2004.

HEALTH- CONTACT LENSES; SALE; PRESCRIBERS;
FEDERAL CONFORMITY.
No. 624 (Senate Bill No. 513).
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 provide for the revision of provisions regarding the sale or dispensing of contact lenses; to provide that contact lenses may be sold or dispensed in this state only by licensed providers; to provide fur violations and for civil and criminal enforcement; to change provisions relating to the duties and obligations of contact lens prescribers; to change certain provisions relating to prescriptions; to provide for conformity with federal law; 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 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 striking Code Section 31-12-12, relating to restrictions on sale or dispensing ofcontact lenses, and inserting in its place a new Code Section 31-12-12 to read as follows:
'31-12-12. (a)(l) Noperson in this state shall sell, dispense, or serve as a conduit fur the sale or dispensing of contact lenses to the ultimate user of such contact lenses except persons licensed and regulated by Chapter 29, 30, or 34 of Title 43. (2) Any person who violates paragraph (1) of this subsection shall upon conviction be guilty of a felony and punished by imprisonment for one to five years or by a fine not to exceed $10,000.00 or by both such fine and imprisonment.
(b) All contact lenses used in the determination of a contact lens prescription are considered to be diagnostic lenses. After the diagnostic period and the contact lenses have been adequately fitted and the patient released from immediate follow-up care by persons licensed and regulated by Chapter 29, 30, or 34 of

904

GENERAL ACTS AND RESOLUTIONS, VOL. I

Title 43, the prescribing optometrist or ophthalmologist shall, upon the request

ofthe patient, at no cost, provide a prescription in writing for replacement contact

lenses. A person shall not dispense or adapt contact lenses without first receiving

authorization to do so by a writt.en prescription, except when authorized orally to

do so by a person licensed and regulated by Chapter 30 or 34 of Title 43.

(c) Patients who comply with such fitting and follow-up requirements as may be

established by the prescribing optometrist or ophthalmologist may obtain

replacement contact lenses until the expiration date listed on the prescription

from a person who may lawfully dispense contact lenses under subsection (a) of

this Code section.

(d) A prescriber may refuse to give the patient a copy of the patient's

prescription until the patient has paid for all services rendered in connection with

the prescription.

(e) No replacement contact lenses may be sold or dispensed except pursuant to

a prescription which:

(I) Conforms to state and federal regulations governing such forms and

includes the name, address, and state licensure number of a prescribing

practitioner;

(2) Explicitly states an expiration date of not more than 12 months from the

date of the last prescribing contact lens examination, unless a medical or

refractive problem affecting vision requires an earlier expiration date;

(3) Explicitly states the number of refills;

(4) Explicitly states that it is for contact lenses and indicates the lens brand

name and type, including all specifications necessary for the ordering or

fabrication oflenses; and

(5) Is kept on file by the person selling or dispensing the replacement contact

lenses for at least 24 months after the prescription is filled.

(f) Anyone who fills a prescription bears the full responsibility of the accuracy

of the contact lenses provided under the prescription. At no time, without the

direction of a prescriber, shall any changes or substitutions be made in the brand

or type of lenses the prescription calls for with the exceptions of tint change if

requested by t11e patient. However, if a prescription specifies 'only' a specific

color or tinted lens, those instructions shall be observed.

(g) All sales of and prescriptions for contact lenses in this state shall conform to

the federal Fairness to Contact Lens Consumers Act, P.L. 108-164, 15 U.S.C.A.

Section 760 I, et seq. The provisions of this Code section shall be construed in

aid of and in conformity with said federal act.

.

(h) Civil proceedings to enforce the provisions of this Code section may be

brought by any board created under Chapter 29, 30, or 34 of Title 43 or by any

other interested person through injunction or other appropriate remedy."

SECTION2. All laws and parts oflaws in conflict witl1 this Act are repealed.

Approved May 17, 2004.

GEORGIA lAWS 2004 SESSION

905

HIGHWAYS- UMITATIONS; DESIGN-BUILD CONTRACTS.
No. 650 (Senate Bill No. 553).
AN ACT
To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for an exception for design-build on the limitations on the power of the department to contract; to provide for the development of design-build procedures for the construction of any public road or other transportation purpose project; to define a term; 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:
SECTIONl. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by striking paragraph (1) of subsection (d) of Code Section 32-2-61, relating to limitations on power to contract, in its entirety and inserting in its place the following:
"(d)(I) The department is prohibited from negotiating any contract for the construction or maintenance of a public road involving the expenditure of $50,000.00 or more except any contract:
(A) With counties, municipalities, and state agencies, provided that such negotiated contract shall be made at the average bid price of the same kind of work let to contract after advertisement during a period of 60 days prior to the making ofthe contract; (B) With a railroad company or utility concerning relocation of its tracks or facilities where the same are not then located on a public road and such relocation is necessary as an incident to tl1e construction or improvement of a public road. However, nothing contained in this subsection shall be construed as ratuiring the department to furnish a site or right of way for railroad or railway lines or tracks or utility facilities required to be removed from a public road. Furthermore, this subsection shall not prevent the department from assisting in the removal and relocation of publicly owned utilities from locations on public roads as provided in Code Section 32-6-170; (C) For emergency construction or maintenance involving the expenditure of $50,000.00 or more when the public interest ratuires that the work be done without the delay of advertising for public bids; (D) For the procurement of business, professional, or other services from any person, firm, or corporation as an independent contractor; (E) With the State Road and Tollway Authority; or

906

GENERAL ACTS AND RESOLUTIONS, VOL. I

(F) Through the provisions of a design-build contract as provided for in Code Section 32-2-8I:

SECTION2.

Said title is further amended by adding a new Code Section 32-2-8I to read as

follows:

"32-2-81.

(a) As used in this Code section, the tenn 'design-build procedure' means a

method of contracting under which the department contracts with another party

for the party to both design and build the structures, facilities, and other items

specified in the contract.

(b) The department may use the design-build procedure for buildings, bridges

and approaches, rail corridors, and limited or controlled access projects or

projects that may be constructed within existing rights of way where the scope

of work can be clearly defined or when a significant savings in project deliva-y

time can be attained and when the estimated bid cost does not exceed $I 0

million.

(c) When the department determines that it is in the best interests of the public,

the department may combine any or all of the environmental services, right of

way services, design services, and construction phases of a public road or othfl'

transportation purpose project into a single contract using a design-build

procedure. Design-build contracts may be advertised and awarded

notwithstanding the requirements of paragraph (I) of subsection (d) of Code

Section 32-2-6I. However, construction activities may not begin on any portion

of such projects until title to the necessary rights of way and easements for the

construction of that portion of the project has vested in the state or a local

governmental entity and all railroad crossing and utility agreements have been

executed.

(d) The department shall adopt by rule procedures for administering design-build

contracts. Such procedures shall include, but not be limited to:

(I) Prequalification requirements;

(2) Public advertisement procedures;

(3) Scope ofservice requirements;

(4) Letters of interest requirements;

(5) Request for proposals. Requests for proposal shall include the applicable

percentage to be applied to each evaluation criterion and the relative weight to

be assigned to each;

(6) Criteria for evaluating technical information and project costs;

(7) Criteria for selection and award process, provided that the rules sball

specifY that the criteria for selection shall consist of the following roinimUID

two components:

(A) A statement of qualifications from which the department will determine

a list of qualified firms for the project; and

.

(B) From the list of qualified firms as provided in subparagraph (A) of:

paragraph, a price proposal from each firm from which the department s

GEORGIA lAWS 2004 SESSION

907

select the lowest, most responsive bidder; provided, however, that a proposal will only be considered nonresponsive if it does not contain all the information and level of detail requested in the request for proposal. A proposal shall not be deemed to be nonresponsive solely on the basis of minor irregularities in the proposal that do not directly affect the ability to fairly evaluate the merits of the proposal. Notwithstanding the requirements of Code Section 36-91-21, w1der no circwnstances shall the department use a 'best and final offer' standard in awarding a contract; and (8) Criteria for resolution of contract issues. (e) The department must receive at least three letters of interest in order to proceed with a request for proposals. The department shall request proposals from no fewer than three of the design-build finns submitting letters of interest. If a design-build finn withdraws from consideration after the department requests proposals, the department may continue if at least two proposals are received. (f) In contracting for design-build projects, the department shall be limited to contracting for no more than $100 million per fiscal year. (g) Not later than 90 days after the end of the fiscal year, the department shall provide to the Governor, Ueutenant Governor, Speaker of the House of Representatives, and chairmen of the House and Senate Transportation Committees a swnmary containing all the projects awarded during the fiscal year using the design-build contracting method. Included in the report shall be an explanation for projects awarded to other than the low bid proposal. This report shall be made available for public information:

SECTION3. This Act shall become effective on July 1, 2004.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

NUISANCES - REVENUE NUISANCE ABATEMENT UENS; PROCEDURES.
No. 659 (Senate Bill No. 182).
AN ACT
To amend Chapter 2 of Title 41 of the Official Code ofGeorgia Annotated, relating to the abatement of nuisances, so as to change definitions; to clarify tile procedures for imposition and collection of nuisance abatement liens; to clarify procedures

908

GENERAL ACTS AND RESOLUTIONS, VOL. I

relating to the collection of tax liens; to amend Chapter 4 ofTitle 48 of the Official Code ofGeorgia Annotated, relating to tax sales, so as to change provisions relating to judicial in rem tax foreclosures; to incorporate changes made to Chapter 2 of Title 41; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 41 of the Official Code of Georgia Annotated, relating to the abatement of nuisances, is amended by striking in its entirety Code Section 41-2-8, relating to definitions, and inserting in lieu thereofthe following:
'41-2-8. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term:
(I) 'Applicable codes' means (A) any optional housing or abatement standard provided in Chapter 2 of Title 8 as adopted by ordinance or operation of law, or other property maintenance standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe use of real property; (B) any :fire or life safety code as provided for in Chapter 2 of Title 25; and (C) any building codes adopted by local ordinance prior to October I, 1991, or the minimum standard codes provided in Chapter 2 of Title 8 after October I, provided that such building or minimum standard codes for real property improvements shall be deemed to mean those building or minimum standard codes in existence at the time such real property improvements were constructed unless otherwise provided by law. (2) 'Closing' means causing a dwelling, building, or structure to be vacated and secured against unauthorized entry. (3) 'Drug crime' means an act which is a violation of Article 2 of Chapter 13 of Title 16, known as the 'Georgia Controlled Substances Act.' (4) 'Dwellings, buildings, or structures' means any building or structure or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. As used in Code Section 41-2-7, this Code section, and Code Sections 41-2-9 through 41-2-17, the term 'dwellings, buildings, or structures' shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other fann products. (5) 'Governing authority' means the board of commissioners or sole commissioner of a county or the council, board of commissioners, board of aldermen, or other legislative body charged with governing a municipality. (6) 'Interested party' means:

GEORGIA LAWS 2004 SESSION

909

(A) Owner; (B) Those parties having an interest in the property as revealed by a certification of title to the property conducted in accordance with the title standards ofthe State Bar ofGeorgia; (C) Those parties having filed a notice in accordance with Code Section 48-3-9; (D) Any other party having an interest in the property whose identity and address are reasonably ascertainable from the records of the petitioner or records maintained in the county courthouse or by the clerk of the court. 'Interested party' shall not include the holder of the benefit or burden of any easement or right of way whose interest is properly recorded which interest shall remain unaffected; and (E) Persons in possession ofsaid property and premises. (7) 'Municipality' means any incorporated city within this state. (8) 'Owner' means the holder of the title in fee simple and every mortgagee of record. (9) 'Public authority' means any member of a governing authority, any housing authority officer, or any officer who is in charge of any department or branch of the government of the municipality, county, or state relating to health, fire, or building regulations or to other activities concerning dwellings, buildings, or structures in the county or municipality. (IO) 'Public officer' means the officer or officers who are authorized by Code Section 4I-2-7, this Code section, and Code Sections 4I-2-9 through 4I-2-I7 and by ordinances adopted under Code Section 4I-2-7, this Code section, and Code Sections 4I-2-9 through 4I-2-I7 to exercise the powers prescribed by such ordinances or any agent of such officer or officers. (II) 'Repair' means altering or improving a dwelling, building, or structure so as to bring the structure into compliance with the applicable codes in the jurisdiction where the property is located and the cleaning or removal ofdebris, trash, and other materials present and accumulated which create a health or safety hazard in or about any dwelling, building, or structure. (12) 'Resident' means any person residing in the jurisdiction where the property is located on or after the date on which the.alleged nuisance arose:

SECTION2. Said chapter is further amended in Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures, by striking subsections (a) and (b) and inserting in lieu thereofthe following:
"(a) In addition to any other remedies or enforcement mechanisms available, upon the adoption of an ordinance finding that dwelling, building, or structure conditions of the character described in Code Section 41-2-7 exist within a county or municipality, the governing body of such county or municipality is authorized to adopt ordinances relating to the dwellings, buildings, or structures within such county or municipality which are unfit for human habitation or commercial, industrial, or business uses and not in compliance with applicable

910

GENERAL ACTS AND RESOLUTIONS, VOL. I

codes, which are vacant and being used in connection with the commission of drug crimes, or which constitute an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. Such ordinances shall include at least the following provisions:
(1) That it is the duty of the owner of every dwelling, building, structure, or property within the jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with applicable codes in force within the jurisdiction, or such ordinances which regulate and prohibit activities on property and which declare it to be a public nuisance to construct or maintain any dwelling, building, structure, or property in violation of such codes or ordinances; (2) That a public officer be designated or appointed to exercise the powers prescribed by the ordinances; (3) That whenever a request is filed with the public officer by a public authority or by at least five residents of the municipality or by five residents of the unincorporated area of the county if the property in question is located in the unincorporated area of the county charging that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer shall make an investigation or inspection of the specific dwelling, building, structure, or property. If the officer s investigation or inspection identifies that any dwelling, building, structure, or property is unfit for human habitation or for commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the public officer may issue a complaint in rem against the lot, tract, or parcel of real property on which such dwelling, building, or structure is situated or where such public health hazard or general nuisance exists and shall cause summons and a copy of the complaint to be served on the interested parties for such dwelling, building, or structure. The complaint shall identifY the subject real property by appropriate street address and official tax map reference; identifY the interested parties; state with particularity the factual basis for the action; and contain a statement of the action sought by the public officer to abate the alleged nuisance. The summons shall notifY the interested parties that a hearing will be held befure a court of competent jurisdiction as determined by Code Section 41-2-5, at a date and time certain and at a place within the county or municipality where the property is located. Such hearing shall be held not less than 15 days nor more than 45 days after the filing of said complaint in the proper court. The interested parties shall have the right to file an answer to the complaint and to appear in person or by attorney and offer testimony at the time and place .fixed for hearing;

GEORGIA LAWS 2004 SESSION

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(4) That i( after such notice and hearing, the comt determines that the dwelling, building, or structure in question is unfit for hwnan habitation or is unfit for its current commercial, industrial, or business use and not in compliance with applicable codes; is vacant and being used in connection with the commission of drug crimes; or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the comt shall state in writing findings of fact in support of such determination and shall issue and cause to be served upon the interested parties that have answered the complaint or appeared at the hearing an order:
(A) If the repair, alteration, or improvement of the said dwelling, building, or structure can be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to repair, alter, or improve such dwelling, building, or structure so as to bring it into full compliance with the applicable codes relevant to the cited violation and, if applicable, to secure the structure so that it cannot be used in connection with the commission of drug crimes; or (B) If the repair, alteration, or improvement of the said dwelling, building, or structure in order to bring it into full compliance with applicable codes relevant to the cited violations cannot be made at a reasonable cost in relation to the present value of the dwelling, building, or structure, requiring the owner, within the time specified in the order, to demolish and remove such dwelling, building, or structure and all debris from the property. For purposes of this Code section, the court. shall make its determination of 'reasonable cost in relation to the present value of the dwelling, building, or structure' without consideration of the value of the land on which the structure is situated; provided, however, that costs ofthe preparation necessary to repair, alter, or improve a structure may be considered. Income and financial status ofthe owner shall not be factor in the comt s determination. The present value of the structure and the costs of repair, alteration, or improvement may be established by affidavits of real estate appraisers with a Georgia appraiser classification as provided in Chapter 39A of Title 43, qualified building contractors, or qualified building inspectors without actual testimony presented. Costs of repair, alteration, or improvement of the structure shall be the cost necessary to bring the structure into compliance with the applicable codes relevant to the cited violations in force in the jurisdiction; (5) That, if the owner fails to comply with an order to repair or demolish the dwelling, building, or structure, the public officer may cause such dwelling, building, or structure to be repaired, altered, or improved or to be vacated and closed or demolished. Such abatement action shall commence within 270 days after the expiration of time specified in the order for abatement by the owner. Any time during which such action is prohibited by a comt order issued pursuant to Code Section 41-2-13 or any other equitable relief granted by a comt of competent jurisdiction shall not be counted toward the 270 days in which such abatement action must commence. The public officer shall cause

912

GENERAL ACTS AND RESOLUTIONS, VOL. I

to be posted on the main entrance of the building, dwelling, or structure a placard with the following words:
'This building is Wlfit for hwnan habitation or commercial, industrial, or business use and does not comply with the applicable codes or has been ordered secured to prevent its use in connection with drug crimes or constitutes an endangerment to public health or safety as a result of unsanitary or Wlsafe conditions. The use or occupation of this building is prohibited and unlawful.'; (6) If the public officer has the structure demolished, reasonable effort shall be made to salvage reusable materials for credit against the cost of demolition. The proceeds of any moneys received from the sale of salvaged materials shall be used or applied against the cost of the demolition and removal of the structure, and proper records shall be kept showing application of sales proceeds. Any such sale of salvaged materials may be made without the necessity of public advertisement and bid. The public officer and governing authority are relieved of any and all liability resulting from or occasioned by the sale of any such salvaged materials, including, without limitation, defects in such salvaged materials; and (7) That the amoWlt of the cost of demolition, including all court costs, appraisal fees, administrative costs incurred by the coWlty tax commissioner or municipal tax collector or city revenue officer, and all other costs necessarily associated with the abatement action, including restoration to grade of the real property after demolition, shall be a lien against the real property upon which such cost was incurred. (b)(l) The lien provided for in paragraph (7) of subsection (a) of this Code section shall attach to the real property upon the filing of a certified copy ofthe order requiring repair, closure, or demolition in the office of the clerk of superior court in the coWlty where the real property is located and shall relate back to the date ofthe filing ofthe lis pendens notice required Wlder subsection (c) ofCode Section 41-2-12. The clerk ofsuperior court shall record and index such certified copy ofthe order in the deed records of the COWlty and enter the lien on the general execution docket. The lien shall be superior to all other liens on the property, except liens for taxes to which the lien shall be inferior, and shall continue in force Wltil paid. (2) Upon final determination of costs, fees, and expenses incurred in accordance with this chapter, the public officer responsible for enforcemrot actions in accordance with this chapter shall transmit to the appropriate county tax commissioner or municipal tax collector or city revenue officer a statement
of the total amoWlt due and secured by said lien, together with copies of all notices provided to interested parties. The statement of the public officer shall
be transmitted within 90 days of completion of the repairs, demolition, or closure. It shall be the duty of the appropriate coWlty tax commissioner or municipal tax collector or city revenue officer, who is responsible or whose duties include the collection of municipal taxes, to collect the amoWlt of the
lien using all methods available for collecting real property ad valorem taXes.

GEORGIA LAWS 2004 SESSION

913

including specifically Chapter 4 of Title 48; provided, however, that the limitation of Code Section 48-4-78 which requires 12 months of delinquency before commencing a tax foreclosure shall not apply. A county tax commissioner shall collect and enforce municipal liens imposed pursuant to this chapter in accordance with Code Section 48-5-359.1. The county tax commissioner or municipal tax collector or city revenue officer shall remit the amount collected to the governing authority of the county or municipality whose lien is being collected. (3) Enforcement ofliens pursuant to this Code section may be initiated at any time following receipt by the county tax commissioner or municipal tax collector or city revenue officer of the final determination of costs in accordance with this chapter. The unpaid lien amount shall bear interest and penalties from and after the date of final determination of costs in the same amount as applicable to interest and penalties on unpaid real property ad valorem taxes. An enforcement proceeding pursuant to Code Section 48-4-78 for delinquent ad valorem taxes may include all amounts due under this chapter. (4) The redemption amount in any enforcement proceeding pursuant to this Code section shall be the full amount of the costs as finally determined in accordance with this Code section together with interest, penalties, and costs incurred by the governing autl10rity, county tax commissioner, municipal tax collector, or city revenue officer in the enforcement of such lien. Redemption of property from the lien may be made in accordance with the provisions of Code Sections 48-4-80 and 48-4-81."

SECTION3. Said chapter is further amended by striking Code Section 41-2-12, relating to service of complaints or orders upon parties in interest and owners of unfit buildings or structures, in its entirety and inserting in lieu thereof the following:
.41-2-12.
(a) Complaints issued by a public officer pursuant to an ordinance adopted under Code Sections 41-2-7 through 41-2-11, this Code section. and Code Sections 41-2-13 through 41-2-17 shall be served in the following manner. At least 14 days prior to the date of the hearing, the public officer shall mail copies of the complaint by certified mail or statutory ovemight delivery, retum receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies ofthe complaint shall also be mailed by first-class mail to the property address to the attention of the occupants of the property, if any, and shall be posted on the property within three business days of filing the complaint and at least 14 days prior to the date ofthe hearing. (b) For interested parties whose mailing address is unknown, a notice stating the date, time, and place of the hearing shall be published in the newspaper in which the sheriffs advertisements appear in such county once a week for two consecutive weeks prior to the hearing.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) A notice oflis pendens shall be filed in the office of the clerk of superior cowt in the county in which the dwelling, building, or structure is located at the time of filing the complaint in the appropriate court. Such notice shall have the same force and effect as other lis pendens notices provided by law. (d) Orders and other filings made subsequent to service of the initial complaint shall be served in the manner provided in this Code section on any interested party who answers the complaint or appears at the hearing. Any interested party who fails to answer or appear at the hearing shall be deemed to have waived all further notice in the proceedings.'

SECTION4. Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-76, relating to judicial in rem tax foreclosures, by adding a new subsection (d) to read as follows:
'(d) The enforcement proceedings authorized by this article may be initiated by a county, by a municipality, by one acting on behalf of the other pursuant to contract, or by joint action in a single proceeding."

SECTIONS. Said chapter is further amended in Code Section 48-4-78, relating to identification of tax delinquent properties and commencement of tax foreclosure, by striking subsection (a) and inserting in lieu thereof the following:
'(a) After an ad valorem tax lien, based upon a digest approved in accordance with the law, has become payable and is past due and thereby delinquent, a tax commissioner or other tax collector, as appropriate, may identifY those properties on which to commence a tax foreclosure in accordance with this article. The tax commissioner or other tax collector, as appropriate, shall not commence tax foreclosure in accordance with this article for a period of 12 months following the date upon which the taxes initially became delinquent. Once enforcement proceedings have commenced in accordance with the provisions of this article, the enforcement proceedings may be amended to include any and all ad valorem taxes which become delinquent subsequent to the date of the initial ad valorem tax lien that was the original basis for the enforcement proceedings.'

SECTION6. This Act shall become effective on July 1, 2004.

SECTION?. All laws and parts oflaws in conflict with this Act are repealed.
Approved May 17, 2004.

GEORGIA lAWS 2004 SESSION

915

HEALTH- LEGITIMATIONS; PATERNITY ORDERS; DUTIES
OF OFFICIALS; NEW BIRTH CERTIFICATES.

No. 660 (Senate Bill No. 263).

AN ACT

To amend Chapter I 0 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide for certified copies of orders and registration oflegitimations and paternity orders; to provide for duties of courts, the Office of State Administrative Hearings, petitioners, clerks of courts, and the state registrar; to provide for establishing a new certificate of birth in the case of legitimations and paternity orders; to change a provision relating to the authority needed to change paternity on a birth certificate; 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 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by adding a new Code Section 31-10-13.1 to read as follows:
'3 1-1 0-13. 1. (a) For each legitimation, atmulment of legitimation, and amendment of an order oflegitimation decreed by a court of competent jurisdiction in this state, the clerk of the court shall not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, forward to the state registrar a certified copy of each order of legitimation, ailllulment of legitimation, and amendment of an order of legitimation which was entered in the preceding month. Each order of legitimation, ailllulrnent of legitimation, and amendment of an order of legitimation shall comply with paragraph (2) of subsection (c) of Code Section 31-10-23. (b) When the state registrar receives a certified copy of the order oflegitimation, ailllulment of legitimation, or amendment of an order of legitimation of a person born outside this state, the state registrar shall forward such certified copy of the order to the state registrar in the indicated state ofbirth:

SECTION2. Said chapter is further amended by adding a new Code Section 31-10-13.2 to read as follows:
'3 1-1 0-13 .2. (a) In each case in which an order declaring paternity is entered by a court of competent jurisdiction in this state or by the Office of State Administrative Hearings, the clerk of the court or the Office of State Administrative Hearings

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GENERAL ACTS AND RESOLUTIONS, VOL. I

shall not later than the fifteenth day of each calendar month or more frequently, as directed by the state registrar, forward to the state registrar a certified copy of each order of paternity, annulment of paternity, and amendment of an order of paternity which was entered in the preceding month. The order of paternity, annulment of paternity, and amendment of an order of paternity shall comply with paragraph (2) ofsubsection (c) ofCode Section 31-10-23. (b) When the state registrar receives a certified copy of an order of paternity, annulment of paternity, or amendment of an order of paternity of a person born outside this state, the state registrar shall forward such certified copy ofthe order to the state registrar in the indicated state of birth."

SECTION3. Said chapter is further amended in Code Section 31-10-14, relating to issuance of a new certificate of birth following adoption and legitimation or paternity determination, by striking subsection (a) and inserting in its place the following:
'(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:
(I) A report of adoption as provided in Code Section 31-1 0-13 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; (2) A certified copy of an order of legitimation, annulment of legitimation, or amendment of an order oflegitimation as provided in Code Section 31-10-13.1 that requires the establishment of a new certificate ofbirth; (3) A certified copy of an order of paternity, annulment of paternity, or amendment of an order of paternity as provided in Code Section 31-10-13.2 that requires the establishment of a new certificate ofbirth; or (4) A request that a new certificate be established as prescribed by regulation and such evidence as required by regulation proving that both parents married to each other have acknowledged the patemity of such person and request that the sumame be changed to that ofthe father.'

SECTION4. Said chapter is further amended in Code Section 31-1 0-2 3, relating to amendment of certificates or reports, by striking subsection (c) and inserting in lieu thereofthe following:
"(c)(l) Upon receipt of a certified copy of an order to legitimate a child, or an affidavit signed by the natural parents whose marriage had legitimated a child. the director shall register a new birth certificate if paternity was not shown on the original certificate. Such certificate shall not be marked 'amended.' (2) If paternity was shown on the original certificate, the record can be changed only by an order from a court of competent jurisdiction or the Office

GEORGIA IAWS 2004 SESSION

917

of State Administrative Hearings to remove the name of the person shown on the certificate as the father and to add the name of the natural father and to show the child as the legitimate child of the person so named. The order must specifY the name to be removed and the name to be added."

SECTIONS. This Act shall become effective July I, 2006.

SECTION6. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

CIVIL PRACTICE - HABEAS CORPUS; PROCEDURES; PETITIONS.
No. 661 (Senate Bill No. 337).
AN ACT
To amend Article 2 of Chapter 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, so as to provide for a statute of limitations for bringing such actions; to designate where a petition must be filed when the petitioner is being held by federal or other authorities; to provide for service; to provide for the dismissal of a petition under certain circumstances in which the delay in filing such petition prejudiced the respondent's ability to respond to such petition; 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 14 of Title 9 of the Official Code of Georgia Annotated, relating to habeas corpus procedure for persons under sentence of a state court of record, is amended by adding a new subsection (c) to Code Section 9-14-42, relating to grounds for a writ and waiver of objection to jury composition, to read as follows:
"(c) Any action brought pursuant to this article shall be filed within one year in the case of a misdemeanor, except as otherwise provided in Code Section 40-13-3 3, or within four years in the case of a felony, other than one challenging

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GENERAL ACTS AND RESOLUTIONS, VOL. I

a conviction for which a death sentence has been imposed or challenging a sentence of death, from:
(I) The judgment of conviction becoming final by the conclusion of direct review or the expiration of the time for seeking such review; provided, however, that any person whose conviction has become final as ofthe effective date of this Code section, regardless of the date of conviction, shall have from the effective date of this Code section one year in the case of a misdemeanor or four years in the case of a felony to bring an action pursuant to this Code section; (2) The date on which an impediment to filing a petition which was created by state action in violation of the Constitution or laws of the United States or of this state is removed, if the petitioner was prevented from filing such state action; (3) The date on which the right asserted was initially recognized by the Supreme Court of the United States or the Supreme Court of Georgia, if that right was newly recognized by said courts and made retroactively applicable to cases on collateral review; or (4) The date on which the fa<-1s supporting the claims presented could have been discovered through the exercise ofdue diligence. (d) At the time of sentencing, the court. shall inform the defendant of the periods oflimitation set forth in subsection (c) ofthis Code section:

SECTION2. Said article is further amended by striking Code Section 9-14-43, relating to jurisdiction of habeas corpus proceedings, and inserting in lieu thereof the following:
"9-14-43. A petition brought under this article must be filed in the superior court of the county in which the petitioner is being detained. The superior courts of such counties shall have exclusive jurisdiction of habeas corpus actions arising under this article. If the petitioner is not in custody or is being detained under the authority ofthe United States, any of the several states other than Georgia, or any foreign state, the petition must be filed in the superior court of the county in which the conviction and sentence which is being challenged was imposed.

SECTION3. Said article is further amended by adding a new subsection (e) to Code Section 9-14-48, relating to hearings, to read as follows:
"(e) A petition, other than one challenging a conviction for which a death sentence has been imposed or challenging a sentence of death, may be dismissed ifthere is a particularized showing that the respondent has been prejudiced in its ability to respond to the petition by delay in its filing unless the petitioner shoWS by a preponderance ofthe evidence that it is based on grounds ofwhich he or she could not have had knowledge by the exercise of reasonable diligence before the

GEORGIA LAWS 2004 SESSION

919

circwnstances prejudicial to the respondent occurred. This subsection shall apply only to convictions had before July 1, 2004."

SECTION4. This Act shall become effective on July I, 2004.

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

Approved May 17, 2004.

CRIMES- TORTSFILM PIRACY.
No. 663 (Senate Bill No. 439).
AN ACT
To amend Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, so as to create a new offense relating to film piracy; to amend Article 4 of Chapter 7 ofTitle 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting, so as to provide standards of liability for detention due to suspicion of film piracy; to provide for penalties; to provide fur related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 3 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal reproduction and sale of recorded material, is amended by adding a new Code section to the end ofthe article to read as follows:
'16-8-62. (a) As used in this Code section, the term:
(1) 'Audiovisual recording device' means any device capable of recording or transmitting a motion picture, or any part thereof, using any technology now known or later developed. (2) 'Facility' shall not include a personal residence. (b) Any person who knowingly operates the recording function of an audiovisual recording device while a motion picture is being exhibited, without the consent of the owner, operator, or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, shall be guilty of film piracy.

920

GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) The provisions of this Code section shall not be construed to prevent any lawfully authorized investigative, law enforcement, or intelligence personnel of the state or federal government from operating any audiovisual recording device in a facility where a motion picture is being exhibited as part of their official duties or activities. (d) Tins Code section is not applicable to a person who operates an audiovisual . recording device in a retail establishment solely to demonstrate the use of the device for sales purposes. (e) A prosecution under this Code section shall not preclude obtaining any other civil or criminal remedy under any other provision oflaw. (f) Violation of this Code section is a nlisdemeanor of a high and aggravated nature and punishable upon conviction as provided in Code Section 17-10-4. A second or subsequent conviction for violation of this Code section shall be punishable as a felony:

SECTION2. Article 4 of Chapter 7 of Title 51 of the Official Code of Georgia Annotated, relating to detention or arrest on suspicion of shoplifting, is amended by adding a new Code section to the end ofthe article to read as follows:
"51-7-62 Whenever the owner, operator, or lessee of a motion picture exhibition facility or any agent or employee of the owner, operator, or lessee detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in film piracy in violation of Code Section 16-8-62 and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, lessee, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:
( 1) That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person ofreasonable prudence to believe that the plaintiff: at or immediately prior to the time of the detention or arrest, was comnlitting the offense of film piracy, as defined by Code Section 16-8-62; or (2) That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable.'

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

GEORGIA LAWS 2004 SESSION

921

LOCALGOVERNMENT-COUNTY MEMBERSHIP IN MULTIPLE JOINT
DEVELOPMENT AUTHORITIES.

No. 664 (Senate Bill No. 444).

AN ACT

To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to provide that a coWity may belong to more than one joint development authority; to provide a maximum income tax credit for businesses locating within a coWity that is a member of more than one joint development authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, is amended by striking in its entirety subsection (e) of Code Section 36-62-5.1, relating to joint authorities, and inserting in lieu thereofthe following:
"(e)(1) A joint authority created by two or more contiguous coWities pursuant to this Code section must be an active, bona fide joint authority; must have a board of directors; must meet at least quarterly; and must develop an operational business plan. A COWlty may belong to more than one such joint authority. (2) A business enterprise as defined Wider subsection (a) of Code Section 48-7-40 located within the jurisdiction of a joint authority established by two or more contiguous COWities shall qualify for an additional $500.00 tax credit for each new full-time employee position created. The $500.00 job tax credit authorized by this paragraph shall be subject to all the conditions and limitations specified under Code Section 48-7-40, as amended; provided, however, that a business enterprise locating in a county that belongs to more than one joint authority shall not qualify for an additional tax credit in excess of$500.00 for each new full-time employee position created."

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

EDUCATION- HOPE SCHOLARSHIPS; COMPREHENSIVE
REVISION.

No. 720 (House Bill No. 1325).

AN ACT

To amend Chapters 2 and 3 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education and to postsecondary education, respectively, so as to change the reporting system and method for determining eligibility for HOPE scholarships, other scholarships, grants, or loan assistance, and certain postsecondary courses and advanced placement courses for students enrolling as freshmen in eligible public or private postsecondary institutions on or after May I, 2007; to add public and private schools accredited by the Southern Association of Independent Schools to the definition of eligible high schools for the purposes of the HOPE program; to delete an obsolete reference; to revise and add definitions; to provide for loss of eligibility fur the HOPE scholarship fur any student who does not possess at least a cumulative 3.0 grade point average at the end of each spring quarter or semester; to provide for loss of eligibility for the HOPE scholarship for any part-time students under certain conditions; to provide for restoration of such eligibility; to provide for courses taken as postsecondary options to be included in HOPE hour limits; to provide for a set amount fur mandatory fees for HOPE scholarships and HOPE grants; to provide for changes to the amount ofHOPE scholarships at private institutions for students enrolled less than full-time; to provide for a limitation on quarter hours or semester hours of
eligibility for HOPE grants and eligibility for combined HOPE scholarships and
grants; to provide for exceptions; to create the HOPE Scholarship/Pre-K Legislative Oversight Committee; to provide for membership and duties of such oversight committee; to provide that employees of certain organizations are considered residents of Georgia for purposes of the HOPE program; to amend Code Section 50-27-13 of the Official Code of Georgia Annotated, relating to disposition of lottery proceeds, budget report by Governor, appropriations by General Assembly, and shortfall reserve subaccount, so as to provide for changes to the amount ofbook allowances and fees for a HOPE scholarship or grant under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to
elementary and secondary education, is amended by striking Code Section
20-2-157, relating to the uniform reporting system for specified purposes, and
inserting in lieu thereof the following:

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"20-2-I57. (a) It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking enrollment in postsecondary courses pursuant to Code Section 20-2-I61.1 or seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 ofthis title. (b) Beginning May I, 2007, each school system and private school shall adopt the reporting system described in tlris subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
(I) Each school system and private school shall transnrit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school acadenric record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition ofpoints by the local school system or private school; (2) The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students; (3) For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May I, 2007, or thereafter, the Georgia Student Finance Commission shall calculate grade point averages for deternrining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows:
(A) For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall
be equated to a grade on a 4.0 scale, such that a grade of'A' = 4.0, a grade of'B' = 3.0, a grade of'C' = 2.0, a grade of'D' = 1.0, and a grade of'F' = 0;
or (B) For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade
on a 4.0 scale, such that a grade of'A' = 4.0, a grade of'B' = 3.0, a grade of'C' = 2.0, a grade of'D' = 1.0, and a grade of'F' = 0.

924

GENERAL ACTS AND RESOLUTIONS, VOL. I

Grades for coursework that is classified as advanced placement or international baccalaureate shall be weighted by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in the state taking the specified coursework. The swn of the equated grades shall be divided by the nwnber of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; (4) Qualification for the HOPE scholarship shall be determined from the grade point average calculated as set out in paragraph (3) of this subsection.
Beginning May 1, 2007, students with grade point averages equal to or in
excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. This paragraph shall apply regardless ofwhen a student graduated from high school and regardless of such student" s eligibility status prior to May 1, 2007; and (5) Beginning May 1, 2007, only the reporting system as indicated in this subsection shall be used to detennine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of Chapter 3 of this title and eligibility for enrolhnent in postsecondary courses pursuant to Code Section 20-2-161.1. (c)(l) Prior to May 1, 2007, each school system shall adopt the following reporting system for purposes of identifYing and qualifYing graduating seniors fur the HOPE scholarship program and other programs identified in this Code section:
(A) A final grade average of at least an 80 nwneric average in their core curriculwn subjects, provided that the student meets the college preparatory curriculwn requirements; or (B) A final grade average of at least an 85 nwneric average in their core curriculwn subjects if the student meets the career/technical curriculum requirements. (2) Prior to May 1, 2007, only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administere,d pursuant to Article 7 of Chapter 3 of this title and eligibility for enrolhnent in postsecondary courses pursuant to Code Section 20-2-161.1."

SECTION2.

Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to

postsecondary education, is amended by striking paragraphs (6), (11 ), (13), (21),

and (22) of Code Section 20-3-519, relating to definitions relative to HOPE

scholarships and grants, and inserting in lieu thereof the following:

.

"(6) 'Eligible high school' means a public or private secondary school which

is:

GEORGIA LAWS 2004 SESSION

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(A) Located in Georgia and accredited as such by: (i) The Southern Association ofColleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; (iv) The Association ofChristian Schools International; (v) The Georgia Private School Accreditation Council; (vi) The Accrediting Commission for Independent Study; or (vii) The Southern Association of Independent Schools; or
(B) Located in another state and accredited by one of the following regional agencies:
(i) The Southern Association of Colleges and Schools; (ii) The New England Association of Schools and Colleges; (iii) The Middle States Association ofColleges and Schools; (iv) The North Central Association ofColleges and Schools; (v) The Northwestern Association of Schools and Colleges; (vi) The Western Association of Schools and Colleges; (vii) The Alabama Independent School Association; or (viii) The Southern Association of Independent Schools." "(11) 'Full-time student' means a matriculated student attending a postsecondary educational institution and enrolled for at least 12 semester hours or the equivalent in any given semester or quarter." "(13) 'HOPE grant' means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.5." "(21) 'Quarter hours' includes each quarter hour attempted, whether remedial or for credit toward a degree, certificate, or diploma. (22) 'Semester hours' includes each semester hour attempted, whether remedial or for credit toward a degree, certificate, or diploma."

SECTION3. Said chapter is further amended by adding new paragraphs (12.1) and (19.1) to Code Section 20-3-519, relating to definitions relative to HOPE scholarships and grants, to read as follows:
"(12.1) 'Half-time student' means a matriculated student attending a postsecondary educational institution and enrolled for six to 11 semester hours or the equivalent in any given semester or quarter." "(19.1) 'Part-time student' means a matriculated student attending a postsecondary educational institution and enrolled for less than 12 semester hours or the equivalent in any given semester or quarter and who has never been enrolled for 12 or more semester hours or the equivalent in any given semester or quarter."

SECTION4. Said chapter is further amended by striking Code Section 20-3-519.2 relating to eligibility requirements for HOPE scholarships at public postsecondary institutions, and inserting in lieu thereofthe following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

"20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program ofstudy in 1993 or thereafter and meeting the requirements set out in the applicable subsection and paragraph of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of the Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end ofthe freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (I) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based

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927

upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department ofTechnical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution:
(i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a part-time student and has maintained part-time student status for three consecutive quarters or semesters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department ofTechnical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall: (I) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based

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GENERAL ACTS AND RESOLUTIONS, VOL. I

upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria:
(A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (e)(1 )(A) A full-time student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible full-time student who regains a cumulative grade point average of at least 3. 0 at the end of a quarter or semester in which the full-time student has attempted 90 or 135 quarter hours or 60 or 90 semester hours may requalifY for a HOPE scholarship. (B) An otherwise eligible part-time student who regains or attains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the part-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalifY for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter hours or semester hours of coursework attempted, a student who fails to possess a cumulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a part-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cumulative grade point average of at least 3.0 at one ofthe 45, 90, or 135 quarter hour grade point average checkpoints or at one ofthe 30, 60, or 90 semester hour grade point average checkpoints, at which time the student will regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (t) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g)( 1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first ofthese events: (A) The student has earned a baccalaureate degree; or

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(B) The student has attempted at any postsecondary institution a total of I90 quarter hours or I27 sen1ester hours. (2) A student enrolled in an undergraduate degree program designed to be more than I90 quarter hours or I27 semester hours in length is eligible to receive the HOPE scholarship for the lesser of (A) A total of225 attempted quarter hours or I50 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted I90 quarter hours or I27 semester hours. (3) For purposes of this subsection, attempted hours shall include hours for courses taken pursuant to Code Section 20-2-I6I.I. (h)( I) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $I 00.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) ofthis subsection. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January I, 2004, except as otherwise provided for in Code Section 50-27-13.'

SECTIONS. Said chapter is further amended by striking Code Section 20-3-5I9.3, relating to eligibility requirements for HOPE scholarships at private postsecondary institutions, and inserting in lieu thereofthe following:
"20-3-5I9.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall:
(I) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by:
(A) Having graduated from an eligible high school while meeting the curriculum requirements ofhis or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-I57; or (B) In the case of a student who is otherwise qualified but:
(i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) diploma awarded by the Georgia Department of Technical and Adult Education

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GENERAL ACTS AND RESOLUTIONS, VOL. I

after Jtme 30, 1993, provided that such student shall only be eligible for a HOPE scholarship pursuant to subsection (e) of this Code section; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, eaming a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end ofthe freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day ofthe institution's drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (I) Meet. residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution: (i) At the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours if such student is a full-time student; or (ii) At the end of three consecutive quarters or semesters if such student is a half-time student and has maintained part-time student status for three consecutive quarters or sen1esters; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student~ a matriculated status or, in the case of an otherwise eligible student who 1S classified as a professional level student rather than an undergraduate

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student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day ofthe institution s drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, have been accepted into the professional level program ofstudy prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day ofthe institution s drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (I) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(B) Being registered for and attending classes as at least a half-time student for 14 days or more after the last day ofthe institution s drop and add period (e)(l){A) An otherwise eligible full-time student who fails to maintain a cwnulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A full-time student who regains a cmnulative grade point average of at least 3.0 at end of the quarter or semester in which the full-time student has attempted 90 quarter hours or 60 semester hours may requalify fur a HOPE scholarship. A full-time student who regains a cwnulative grade point average of at least 3.0 at the end of the quarter or semester in which the full-time student has attempted 135 quarter hours or 90 semester hours may requalify for a HOPE scholarship. (B) An otherwise eligible half-time student who regains or attains a cmnulative grade point average of at least 3.0 at the end of a quarter or semester in which the half-time student has attempted 45, 90, or 135 quarter hours or 30, 60, or 90 semester hours may attain or requalify for a HOPE scholarship. (2) In addition to other requirements, and regardless of quarter or semester hours of coursework attempted, a student who fails to possess a cwnulative grade point average of at least 3.0 at the end of each spring quarter or semester or at the end of three consecutive quarters or semesters for a half-time student pursuant to paragraph (2) of subsection (b) of this Code section shall be ineligible for a HOPE scholarship until such time as the student regains or attains a cwnulative grade point average of at least 3.0 at one of the 45, 90, or 135 quarter hour grade point average checkpoints or at one of the 30, 60, or 90
semester hour grade point average checkpoints, at which time the student will
regain or attain eligibility if other terms and conditions in this Code section are also satisfied. (f)(1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first ofthese events:
(A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of (A) A total of225 attempted quarter hours or 150 attempted semester hours; or (B) The nmnber of hours required for graduation if the student has a cwnulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (3) For purposes of this subsection, attempted hours shall include hours fur courses taken pursuant to Code Section 20-2-161.1.

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(g)(1) Except as provided for in paragraph (2), subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. (2) Effective beginning with the fall quarter or semester commencing after July 1, 2004, subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $1,500.00 for half-time enrolhnent and $3,000.00 for full-time enrolhnent for any academic year."

SECTION6. Said chapter is further amended by striking Code Section 20-3-519.4, relating to tenus and conditions for receipt of certain HOPE grants at private postsecondary institutions, and inserting in lieu thereof the following:
'20-3-519.4. Reserved.'

SECTION7. Said chapter is further amended by striking Code Section 20-3-519.5, relating to eligibility for HOPE grants, and inserting in lieu thereof the following:
'20-3-519.5. (a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch ofthe Georgia Department ofTechnical and Adult Education or a unit ofthe University System of Georgia shall:
( 1) Meet residency requirements by meeting the requirements to be classified as a legal resident ofGeorgia as established by the program promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department ofTechnical and Adult Education; and (2) Meet enrolhnent standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled. (b) There is no minimum number of hours of enrolhnent required for eligibility for a HOPE grant under this Code section. (c) Subject to the provisions of subsection (e) of this Code section, an eligible student may receive HOPE grants for all course work required by the institution for programs of study leading to a certificate or diploma, including remedial or developmental studies. (d){l) Subject to the amounts appropriated by the General Assembly and provisions relating to the Lottery for Education Account in Code Section 50-27-13, a HOPE grant awarded under this Code section shall include tuition,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester, except as otherwise provided for in paragraph (2) ofthis subsection. (2) Effective beginnjng with the fall quarter or semester commencing after July I, 2004, the amount of mandatory fees paid shall be equal to such amount or amounts that were paid on January 1, 2004, except as otherwise provided for in Code Section 50-27-13. (e) No student may receive HOPE grants for more than 95 quarter hours or 63 semester hours of attempted coursework, except as provided for in subsection (f) of this Code section. No student may receive more than a cumulative total of 190 quarter hours or 127 semester hours of combined HOPE scholarships and grants, unless in accordance with Code Sections 20-3-519.2 and 20-3-519.3. For purposes ofthis subsection, atten1pted hours shall include hours for courses taken pursuant to Code Section 20-2-161.1. (f) A student enrolled in a diploma program designed to be more than 95 quarter hours or 63 semester hours in length is eligible to receive a HOPE grant for the lesser of: (1) A total of 130 attempted quarter hours or 86 attempted semester hours; or (2) The number ofhours required for graduation."
SECTIONS. Said chapter is further amended by adding a new Code section to read as follows:
"20-3-519.13. (a) There is created as a joint committee of the General Assembly the HOPE Scholarship/Pre-K Legislative Oversight Committee, to be composed of three members ofthe House Committee on Higher Education and three members ofthe House Committee on Education, to be appointed by the Speaker of the House of Representatives; and three members of the Senate Higher Education Committee and three members of the Senate Education Committee, to be appointed by the Committee on Assignments. The chairpersons of the House Committee on Higher Education and the Senate Higher Education Committee shall serve as cochairpersons for the oversight committee. The oversight committee shall study, inquire into, and review the operations of the Georgia Student Finance Commission with respect to the administration of HOPE scholarships and grants under this part, as well as review and evaluate the conditions, needs, and issues of the HOPE scholarship and grant program as provided for under this part, Georgia's Pre-K program, and any other programs that receive funds from the Lott.ery for Education Account, as provided for in Article 1 of Chapter 27 of Tide 50. Such study and review shall be conducted during the first year of each biennium of the General Assembly so as to determine whether any legislative action may be necessary. The oversight committee may conduct any independent audit or investigation ofthe commission or any other appropriate agency it deems necessary. (b) The Georgia Student Finance Commission and the Department of Early Care and Learning shall provide the oversight committee with a complete report of the

GEORGIA LAWS 2004 SESSION

935

HOPE scholarship and grant progran1 and the Georgia Pre-K Progran1 no later than December 1 of each year. The committee may request and receive reports from any appropriate agency in order to conduct activities pursuant to subsection (a) ofthis Code section. (c) The Georgia Student Finance Commission shall submit to the HOPE Scholarship/Pre-K Legislative Oversight Committee, no later than December 31, 2004, a proposed plan of implementation regarding the requirements of subsection (b) of Code Section 20-2-157 and the implications that will result from such changes to the reporting system. Such plan shall contain any information designated by the oversight committee, which shall include, but not be limited to, the following:
( 1) All criteria relating to academic qualifications proposed by the commission which will be used to make a determination of whether a student qualifies for a HOPE scholarship or grant under subsection (b) ofCode Section 20-2-157; (2) Procedures to provide notice and guidance to local school systems and private schools as to the effect of the change in the grading system established by subsection (b) ofCode Section 20-2-157; and (3) Methods to encourage local school systems and private schools to review and address their grading scales in light of the change in the grading system established by subsection (b) of Code Section 20-2-157. The HOPE Scholarship/Pre-K Legislative Oversight Committee shall review the proposed plan of implementation."

SECTION9. Said chapter is further an1ended by adding a new Code section to read as follows:
"20-3-519.14. Any residency requirements established pursuant to this part shall provide, at a minimum, that full-time Georgia employees of Free Trade Area of the Americas (FTAA) based in Georgia that are recognized by the United States Department of State, and their spouses and dependents, shall be classified as residents of Georgia."

SECTION 10. Code Section 50-27-13 of the Official Code of Georgia Amlotated, relating to disposition of lottery proceeds, budget report by the Governor, appropriations by the General Assembly, and the shortfall reserve subaccount, is an1ended by inserting a new paragraph (5) of subsection (b) to read as follows:
"(5)(A) For purposes of this subsection, the term 'year-end balance' shall mean the an1ount, as determined by the state auditor, of unexpended and uncommitted funds in the Lottery for Education Account at the end of a fiscal year, which shall not include anlOWlts contained in the subaccounts provided for in paragraphs (3) and (4) ofthis subsection.
(B)(i) In the event that the year-end balance of a fiscal year is less than the year-end balance of the fiscal year inunediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of

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Chapter 3 ofTitle 20 shall not exceed $150.00 per year beginning in the next fiscal year and thereafter. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program. (ii) In the event that the year-end balance of any subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for book allowances under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the subsequent fiscal year and thereaft.er. This provision shall not apply to students who are eligible to participate in the federal Pell Grant program. (iii) In the event that the year-end balance of any further subsequent fiscal year is less than the year-end balance of the fiscal year immediately preceding, then all scholarships and grants for mandatory fees under Part 7 of Article 7 of Chapter 3 of Title 20 shall be eliminated beginning in the next fiscal year and thereafter:

SECTION 11. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

CRIMES - HANDICAPPED PERSONS ASSISTANCE DOGS; GUIDE DOGS.
No. 722 (House Bill No. 211 ).
AN ACT
To amend Titles 16 and 30 of the Official Code of Georgia Annotated, relating respectively to crimes and offenses and handicapped persons, so as to provide enhanced penalties for certain acts related to assistance dogs; to provide for definitions; to change provisions relating to assaulting, beating, harassing, or injuring guide or dogs assisting disabled persons; to provide for limitations; 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 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding a new Code section to follow Code Section 16-11-107 relating to destroying or injuring a police dog or police horse, to read as follows:
*16-11-107.1. (a) As used in this Code section, the term:

GEORGIA lAWS 2004 SESSION

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(1) 'Assistance dog' means a dog that is or has been trained by a licensed or certified person, organization, or agency to perform physical tasks for a physically challenged person. Assistance dogs include guide or leader dogs that guide individuals who are legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to specific sounds; and service dogs for individuals with disabilities other than blindness or deafuess, which are trained to perform a variety of physical tasks, including, but not limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or providing assistance in a medical crisis. (2) 'Harass' means to engage in any conduct directed toward an assistance dog that is knowingly likely to impede or interfere with the assistance dog s performance of its duties or that places the blind, dea or physically limited person being served or assisted by the dog in danger of injury. (3) 'Notice' means an oral or otherwise communicated warning proscribing the behavior of another person and a request that the person stop the particular behavior. (b) Any person who knowingly and intentionally harasses or attempts to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both. (c) Any person who has received notice that his or her behavior is interfering with the use of an assistance dog who continues to knowingly and intentionally harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be pwtished as for a misdemeanor of a high and aggravated nature. (d) Any person who knowingly and intentionally allows his or her dog to harass an assistance dog, knowing the dog to be an assistance dog, shall be guilty of a misdemeanor and, upon conviction thereof; shall be punished by imprisonment for not less than 90 days or a fine not to exceed $500.00, or both, provided that any person who is convicted of a second or subsequent violation of this subsection shall be punished as for a misdemeanor of a high and aggravated nature. (e) Any person who knowingly and intentionally allows his or her dog to cause death or physical harm to an assistance dog by rendering a part ofthe assistance dog s body useless or by seriously disfiguring the assistance dog, knowing the dog to be an assistance dog, shall be punished as for a misdemeanor of a high and aggravated nature. n

SECTION2. Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by striking Code Section 30-1-6, relating to assaulting, beating,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

harassing, or injuring guide or dogs assisting disabled persons, and inserting in lieu thereofthe following:
"30-1-6. Reserved."

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

REVENUE- TAX COLLECTORS AND COMMISSIONERS; TRAINING
REQUIREMENTS.
No. 723 (House Bill No. 1391).
AN ACT
To amend Code Section 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, so as to revise and change such requirements; to provide that the Department of Motor Vehicle Safety and organizations of affiliated tax officials may conduct creditable training; 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 48-5-126.1 of the Official Code of Georgia Annotated, relating to training requirements for tax collectors and tax commissioners, is amended by striking subsections (c) through (g) and inserting in their place the following:
"(c) Beginning January 1, 2005, each county tax collector or tax commissioner shall be required to attend 15 hours of training classes on county taX administration, property taxation, motor vehicle titling and registration, or related matters during each year of service as a county tax collector or tax commissioner. For the purposes of satisfying the requirements of this subsection, credit will be given for attendance of the county taxation seminar conducted by the University of Georgia under the supervision ofthe Georgia Center for Continuing Education or any seminar conducted by the Department of Revenue, the Department of Motor Vehicle Safety, the Georgia Association of Tax Officials, or other similarly qualified organization of affiliated tax officials, or certain management, supervisory, leadership, or accounting seminars that qualifY for continuing education credits. This training shall be generally devoted to contemporary

GEORGIA lAWS 2004 SESSION

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business and taxation practices and shall be germane to the duties and operational fimctions of the office of county tax collector or tax commissioner. This subsection shall not apply to a county tax collector or tax commissioner who is serving the first year of such official's initial term ofoffice. (d) The costs of attending the training classes required by tllis Code section shall be met by the payment of registration fees by each local tax official attending such classes. Each local tax official shall be reimbursed by such official's county for the amow1t of such fees and related travel expenses. (e) The instructors for the training classes required by tllis Code section shall consist of representatives of the Department of Revenue, the Department of Motor Vehicle Safety, the Georgia Association of Tax Officials or other similarly qualified organization of affiliated tax officials, the Georgia Center fur Continuing Education, or any other qualified persons with expertise in the field of county tax administration, property taxation, motor vehicle titling and registration, or related matters. (f) The commissioners of the Department of Revenue and the Department of Motor Vehicle Safety may adopt and enforce reasonable rules and regulations governing the establishment and administration of the training classes provided fur by tllis Code section. (g) The commissioners of the Department of Revenue and tl1e Department of Motor Vehicle Safety are authorized to work with officials and personnel of the Georgia Center for Continuing Education in establishing the training classes to be held at that institution.

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with tllis Act are repealed.

Approved May 17,2004.

REVENUE-LOCALGOVERNMENTJOB TAX CREDITS; PERVASIVE POVERTY;
ENTERPRISE ZONES.
No. 724 (House Bill No. 984).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to

940

GENERAL ACTS AND RESOLUTIONS, VOL. I

change certain provisions regarding the designation of cmmties as less developed areas for purposes of certain income tax credits; to authorize the addition to the job tax credit program of areas where there is a poverty rate of20 percent or greater in an enterprise zone, a redevelopment plan has been adopted, and the commissioner of community affairs finds pervasive poverty, underdevelopment, general distress, and blight; to provide that, in areas suffering from pervasive poverty, job tax credits shall be allowed to any lawful business; to remove the requirement that 30 percent of the new full-time jobs must be held by a resident of the affected area or similar area; to increase the allowable an10unt of tax credits that can be claimed in a tax year from 50 percent to 100 percent of the taxpayer's state income tax liability; to amend Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," so as to update references to federal law and census data; to provide a definition; to modifY and add additional criteria for enterprise zones; to provide a limit on certain tax exemptions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by striking Code Section 48-7-40.1, relating to additional tax credits in less developed areas, and inserting in its place a new Code Section 48-7-40.1 to read as follows:
48-7-40.1. (a) As used in this Code section, the term 'business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (b) Not later than December 31 of each year, using the most current data available from the Department of Labor and the United States Department of Commerce, the commissioner of community affairs shall rank and designate as less developed areas the areas which are comprised of ten or more contiguous census tracts in this state using a combination of the following equally weighted factors:
(1) Highest unemployment rate for the most recent 36 month period; (2) Lowest per capita income for the most recent 36 month period; and (3) Highest percentage of residents whose income is below the poverty level according to the most recent data available. (c) The commissioner of community affairs also shall be authorized to include in the designation provided for in subsection (b) ofthis Code section: (1) Any area comprised often or more contiguous census tracts which, in the opinion of the commissioner of community affairs, undergoes a sudden and

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severe period of economic distress caused by the closing of one or more business enterprises located in such area; (2) Any area comprised of one or more census tracts adjacent to a federal military installation where pervasive poverty is evidenced by a 15 percent poverty rate or greater as reflected in the most recent decennial census; (3) Any area comprised of one or more contiguous census tracts which, in the opinion of the commissioner of community affairs, is or will be adversely impacted by the loss of one or more jobs, businesses, or residences as a result of an airport expansion, including noise buy-outs, or the closing of a business enterprise which, in the opinion of the commissioner of community affairs, results or will result in a sudden and severe period of economic distress; or (4) Any area comprised of two or more contiguous census block groups with a poverty rate of 20 percent or greater as determined from data in the most current United States decennial census, where the area is also included within a state enterprise zone pursuant to Chapter 88 of Title 36, where a redevelopment plan has been adopted pursuant to Chapter 61 ofTitle 36, and which, in the opinion of the commissioner of community affairs, displays pervasive poverty, underdevelopment, general distress, and blight. No designation made pursuant to this subsection shall operate to displace or remove any other area previously designated as a less developed area. Notwithstanding any provision of this Code section to the contrary, in areas designated as suffering from pervasive poverty under this paragraph, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises, to any lawful business. (d) For business enterprises which plan a significant expansion in their labor forces, the commissioner of community affairs shall prescribe redesignation procedures to ensure that the business enterprises can claim credits in future years without regard to whether or not a particular area is removed from the list ofless developed areas. (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise s quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise s quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section

942

GENERAL ACTS AND RESOLUTIONS, VOL. I

48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report ofthe Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below five. Any credit received fur years prior to the year in which the net employment increase falls below five shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five. (f) Tax credits for five years for the taxes imposed under this article shall be awarded for additional new full-time jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through six, or whatever portion ofyears two through six which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years ofcredit. (g) 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. The commissioner of community affairs shall determine whether or not qualifying net increases or decreases have occurred and may require reports, promulgate regulations, and hold hearings as needed for substantiation and qualification. (h) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, but the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 100 percent of the taxpayer s state income tax liability which is attributable to income derived from operations in this state for that taxable year."

GEORGIA LAWS 2004 SESSION

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SECTION2. Chapter 88 of Title 36 of the Official Code of Georgia Annotated, relating to the "Enterprise Zone Employment Act of 1997," is amended by striking subparagraph (E) of paragraph (6) of Code Section 36-88-3, relating to definitions, and inserting in lieu thereof a new subparagraph (E) to read as follows:
'(E) A participant in the Workforce Investment Act or who has participated in the Workforce Investment Act at any time during the 18 months previous to the date ofhire;'.

SECTION3. Said chapter is further amended by adding a new paragraph (I 0) to Code Section 36-88-3, relating to definitions, to read as follows:
"(10) 'Urban redevelopment plan' means a plan prepared and adopted pursuant to the requirements ofChapter 61 ofthis title:

SECTION4. Said chapter is further amended by striking Code Section 36-88-6, relating to criteria for an enterprise zone, and inserting in lieu thereof a new Code Section 36-88-6 to read as fullows:
"36-88-6. (a) In order to be designated as an enterprise zone, a nominated area shall meet at least three of the five criteria specified in subsections (b), (c), (d), (e), and (t) of this Code section. In determining whether an area suffers from poverty, unemployment, or general distress, the governing body shall use data from the most current United States decennial census and from other information published by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in subsection (e) of this Code section. The data shall be comparable in point or period oftime and methodology employed. (b) Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria:
(I) The poverty rate shall be determined from the data in the most current United States decennial census prepared by the U.S. Bureau of Census; (2) For each census geographic block group within the nominated area, the ratio of income to poverty level for at least 20 percent of the residents shall be less than 1.0; (3) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (2) of this subsection; and (4) All parcels of a nominated area must abut and may not contain a noncontiguous parcel, unless such nonabutting parcel qualifies separately under the criteria set forth under paragraph (2) ofthis subsection.

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GENERAL ACTS AND RESOLUTIONS VOL. I

(c) Unemployment shall be evidenced by the use of data published by the Office
of Labor Information Systems ofthe Georgia Department of Labor indicating that
the average rate of unemployment for the nominated area for the preceding calendar year is at least 10 percent higher than the state average rate of unemployment or by evidence of adverse economic conditions brought about by significant job dislocation within the nominated area such as the closing of a manufacturing plant or federal facility. (d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline. (e) Underdevelopment shall be evidenced by data indicating development activities, or lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is lower than development activity within the local governing body's jurisdiction. (f) General blight within the nominated area shall be evidenced by the inclusion of any portion of the nominated area in an urban redevelopment area as defined by paragraph (20) of Code Section 36-61-2 for which an urban redevelopment plan has been adopted by the affected governing bodies according to the requirements ofChapter 61 ofthis title."

SECTIONS. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 36-88-8, relating to tax exemptions, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(a)(1) The governing body of a local government or governments creating an enterprise zone shall include in the creating ordinance a provision to exempt qualifYing business and service enterprises from state, county, and municipal
ad valorem taxes that would otherwise be levied on the qualifYing business and
service enterprises not to exceed the following schedule: (A) One hundred percent of the property taxes shall be exempt for the first five years; (B) Eighty percent of the property taxes shall be exempt for the next two years; (C) Sixty percent ofthe property taxes shall be exempt for the next year; (D) Forty percent of the property taxes shall be exempt for the next year; and (E) Twenty percent of the property taxes shall be exempt for the last year.'

SECTION6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and apply to all taxable years beginning on or after January 1, 2004.

GEORGIA LAWS 2004 SESSION

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

Approved May 17, 2004.

EDUCATION- TUTORS; HOME STUDY PROGRAMS.
No. 725 (House Bill No. 1428).
AN ACT
To amend Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, so as to change certain qualifications oftutors in home study programs; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-690 of the Official Code of Georgia Annotated, relating to requirements for private schools and home study programs, is amended by striking paragraph (3) of subsection (c) and inserting in its place a new paragraph (3) to read as fullows:
"(3) Parents or guardians may teach only their own children in the home study program, provided the teaching parent or guardian possesses at least a high school diploma or a general educational development diploma, but the parents or guardians may employ a tutor who holds a high school diploma or a general educational development diploma to teach such children;".
SECTION2. All laws and parts oflaws in conflict with this Act are repealed.
Approved May 17, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

EDUCATION- TEACHERS; IN-SERVICE OR CONTINUING EDUCATION.

No. 726 (House Bill No. 1698).

AN ACT

To amend Chapter 2 ofTitle 20 ofthe Official Code of Georgia Annotated, relating to elementary and secondary education, so as to require certain providers of in-service or continuing education for teachers and other professional personnel for certification or recertification to offer some in-service or continuing education online or offer access to an equivalent online; to provide for treatment by the Professional Standards Commission; to provide for use of computers and other electronic or audiovisual equipment at schools for such in-service or continuing education; 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 in Code Section 20-2-201, relating to specific course requirements and in-service or continuing education requirements for teachers and other professional personnel, by inserting a new subsection to be designated subsection (c) to read as follows:
(c) As used in this subsection, 'online' means by electronic network or Internet. Each regional education service agency or college or university that offers in-service or continuing education for professional personnel for certification or recertification shall offer some in-service or continuing education online through the Internet or offer access to equivalent in-service or continuing education online so that a teacher or other professional employee can take the training at a location other than the location where the in-service or continuing education is conducted in person. For purposes of certification or recertification, the Professional Standards Commission shall treat in-service or continuing education conducted online as if such in-service or continuing education had been conducted in person. Local units of administration may permit professional personnel to use computers and other electronic equipment available at schools for in-service or continuing education at times before and after normal school hours when other professional duties are not scheduled for the individual."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

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REVENUE- NONPROFIT CHilD SERVICES; SALES TAX EXEMPTION.

No. 727 (House Bill No. 1744).

AN ACT

To amend Code Section 48-8-3 ofthe Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, so as to provide for an exemption with respect to certain sales to or by certain nonprofit organizations engaged primarily in providing child services; to provide for conditions and limitations; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking paragraph (41) and inserting in its place a new paragraph (41) to read as follows:
"(41) Sales of tangible personal property and services to or by a child-caring institution as defined in paragraph (1) of Code Section 49-5-3, as amended; a child-placing agency as defined in paragraph (2) of Code Section 49-5-3, as amended; or a maternity home as defined in paragraph (14) of Code Section 49-5-3, as amended, when such institution, agency, or home is engaged primarily in providing child services and is a nonprofit, tax exempt organization under Section 501 (c)(3) ofthe Internal Revenue Code and obtains an exemption determination letter from the commissioner;".

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

AGRICULTURE- GAME AND FISH- MARKETING ORDERS;
PACIFIC WHITE SHRIMP; FISH UBERATION; FISH SALES.

No. 728 (House Bill No. 1766).

AN ACT

To amend Title 2 ofthe Official Code of Georgia Atmotated, relating to agriculture, so as to create the Agricultural Commodities Commission for Beef and provide for its members, powers, duties, and procedures; to define certain terms; to provide for marketing orders and assessments related thereto; to provide penalties for violations; to provide for enforcement; to strike the reserved designation of Chapter 15; to provide for development of aquaculture of pacific white shrimp; to provide a short title; to define certain terms; to create the Pacific White Shrimp Aquaculture Development Advisory Council and provide for its membership, powers, and duties; to regulate aquaculture of pacific white shrimp; to provide for registration;
to provide for rules and regulations; to provide for enforcement; to amend Title 27 of the Official Code of Georgia Atmotated, relating to game and fish, so as to
change certain provisions relating to definitions relative to said title; to change certain provisions relating to permits for liberation of wildlife or liberation of domestic fish; to change certain provisions relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading for possession of certain game fish and domestic fish, and sale of diseased fish; to change certain provisions relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs; to change certain provisions relating to definitions relative to aquaculture development; to provide effective dates; to provide for a contingent repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

PART I SECTION 1-1.

Title 2 of the Official Code of Georgia Atmotated, relating to agriculture, is amended in Chapter 8, relating to agricultural commodities promotion, by adding a new article to read as follows:

"ARTICLE 4

2-8-90. This article shall apply only to the Agricultural Commodity Commission for Beef

GEORGIA LAWS 2004 SESSION

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2-8-91. As used in this article, the term:
(1) 'Advertising and sales promotion' means, in addition to the ordinarily accepted meaning thereof, trade promotion and activities for the prevention, modification, or removal of trade barriers which restrict the normal flow of beef to market and may include the presentation of facts to and negotiations with state, federal, or foreign governmental agencies on matters which affect the marketing of beef included in any marketing order made effective pursuant to this article. (2) 'Beef means flesh ofcattle and beefproducts. (3) 'Beef products' means edible products produced in whole or in part from beef, excluding milk and products made therefrom. (4) 'Cattle' means live domesticated bovine animals, regardless of age. (5) 'Commission' means the Agricultural Commodity Commission for Beef created under this article. (6) 'Market agent' means any person who sells, offers for sale, markets, distributes, trades, or processes cattle that have been purchased or acquired from a producer or that are marketed on behalf of a producer or any meat packing firm or its agent that purchases or consigns to purchase cattle. (7) 'Marketing order' means an order issued pursuant to this article prescribing rules and regulations governing producer marketing or the processing, distributing, or handling in any manner of cattle or beef within this state or establishing an assessment for financing the programs established under this article. (8) 'Person' means an individual, firm, corporation, association, or any other business unit or any combination thereof and includes any state agency which engages in any of the commercial activities regulated pursuant to this article. (9) 'Producer' means any person who owns or acquires ownership of cattle, except that a person shall not be considered to be a producer if the person s only share in the proceeds of a sale of cattle or beef is a sales commission, handling fee, or other service fee. (10) 'Producer marketing' or 'marketed by producers' means any or all operations performed by any producer in preparing for market and includes selling, delivering, or disposing of, for commercial purposes, cattle which he or she has produced to any market agent as defined in this Code section. (11) 'Retailer' means any person who purchases or acquires beef for resale at retail to the general public for consumption off the premises; however, such person shall also be included within the definition of 'market agent,' as set forth in this Code section, to the extent that he or she engages in the business of a market agent as defined in this Code section.

2-8-92. (a) The Agricultural Commodity Commission for Beef shall be composed of II members as follows:

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(I) Six members who shall be producers actively engaged in the beef cattle business; (2) Three members who shall own or have significant interest in a business actively engaged in the marketing of cattle; and (3) Two members who shall be producers actively engaged in the dairy cattle business. The initial members of the commission shall be appointed by a committee consisting of the Commissioner, the chairperson of the House of Representatives Committee on Agriculture and Consumer Affairs, and the chairperson of the Senate Agriculture and Consumer Affairs Committee. Prior to making such appointments, the committee shall seek significant input from members of the cattle industry. (b)( I) Initial appointments of those members described in paragraph (I) of subsection (a) of this Code section shall be made for two members for a term of two years each from the effective date of this article and until their successors are elected and qualified, two members for a term of three years each from the effective date of this article and until their successors are elected and qualified, and two members for a term of four years each from the effective date of this article and until their successors are elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (2) Initial appointments of those members described in paragraph (2) of subsection (a) of this Code section shall be made for one member for a term of two years from the effective date of this article and until a successor is elected and qualified, one member for a term of three years from the effective date of this article and until a successor is elected and qualified, and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (3) Initial appointments of those members described in paragraph (3) of subsection (a) ofthis Code section shall be made for one member for a term of three years from the effective date ofthis article and until a successor is elected and qualified and one member for a term of four years from the effective date of this article and until a successor is elected and qualified. Thereafter, successors shall be elected for a term of three years each and until their successors are elected and qualified. (4) Any successor shall be elected by a plurality of valid votes cast by producers in an election for such office which shall be conducted by the commission. Any producer of record with the commission shall be eligible to vote in any such election, but candidates must meet the qualification specified in paragraph (I), (2), or (3) of subsection (a) of this Code section, as applicable, for the office for which the election is conducted. The commission shall by rules and regulations provide procedures for registering qualified candidates and conducting elections. Notice of elections and qualifying

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periods shall be provided in the same manner as specified for hearings Wlder paragraph (2) of subsection (b) of Code Section 2-8-100. (c) Vacancies in the offices of members shall be filled by appointment, in like manner as the appointment of initial members, for the \lllexpired term. Any member shall be eligible to succeed himself or herself (d) The members of the commission shall receive compensation and reimbursement of expenses as shall be provided by the commission, and such fimds shall be payable from the fimds ofthe commission. (e) It shall be the duty of the Commissioner to certifY to the Secretary of State the membership of the commission and each change in membership as the same occurs.

2-8-93. (a) The comnusston is authorized to appoint advisory boards, special committees, and individuals, including technical and clerical personnel, to advise, aid, and assist the commission in the performance of its duties. Compensation for such services shall be fixed by the commission and may be paid from the fimds of the commission. The Attorney General shall represent the commission in legal matters and shall be the attorney for the commission. If the Attorney General determines that outside legal counsel is necessary or desirable in connection with any legal matter of the commission, he or she shall so inform the commission and, upon approval of the commission, he or she shall employ such outside co\lllsel. Compensation for such outside COWlsel shall be agreed upon between such counsel and the Attorney General, subject to the approval of the commission. Such compensation shall be paid from the fimds ofthe commission. Neither Code Section 16-10-9 nor any other law shall prohibit or be applicable to the employment of such co\lllsel. (b) The commission is authorized to accept donations, gifts, and other property and to use the same for commission purposes. The commission may exercise the powers and authority conferred by law upon corporations. (c) The commission shall continue as a public corporation and instrumentality of the State of Georgia Wltil abolished by law or Wltil terminated by referendum. (d) The commission is authorized to acquire, lease as lessee, purchase, hold, own, and use any franchise or real or personal property, whether tangible or intangible, or any interest therein and, whenever the same is no longer required for purposes of the commission, to sell, lease as lessor, transfer, or dispose thereof or to exchange the same for other property or rights which are useful for its purposes.

2-8-94. The commission shall be a public corporation and an instrumentality of the State of Georgia. By that name, style, and title, the commission may contract and be contracted with, implead and be impleaded, and complain and defend in all courts. The commission shall name its chairperson and determine a quorum for the transaction ofbusiness. The commission shall assume the duties and exercise

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the authority provided in this article without further formality than that provided in this article. Each member ofthe commission shall be a public officer and shall take an oath of office faithfully to perform his or her duties. Such oath shall be administered by the Governor or some other person qualified to administer oaths. The fact of a member s election shall be certified to the Secretary of State, who shall issue the appropriate commission under the seal ofhis or her office.

2-8-95. The commission is authorized and it shall be its duty to receive, collect, and disburse the fi.mds ofthe commission.

2-8-96. Funds received by the commission w1der this article shall be held in trust for the commission. Such fi.mds shall be deposited, accounted for, and disbursed in the same manner as the fi.mds of this state but shall not be required to be deposited in the state treasury and appropriated therefrom as are other state fi.mds. It is the express intent and purpose of this article to authorize the receipt, collection, and disbursement by the commission of such fi.mds as trust fi.mds of the commission without complying with the requirement applicable to fi.mds collected for the use and benefit ofthe state.

2-8-97. Any persons who handle fi.mds under this article shall be bonded with good and sufficient surety in an amount determined by the commission for the accounting of any and all funds coming into their hands. All checks, drafts, and negotiable instrunlents which are drawn on or payable from the fi.mds of the Agricultural Commodity Commission for Beef shall be signed by either the chairperson or treasurer of the commission. It shall be the duty of the commission to elect annually a treasurer from among the membership of the commission. The treasurer shall have such powers and perform such duties as shall be provided by the commission.

2-8-98. The members and employees of the commission shall not be held responsible individually in any way whatsoever to any producer, market agent, or any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, except for their own individual acts of dishonesty or crime. No such person or employee shall be held responsible individually for any act or omission of any other member of the commission. The liability ofthe members ofthe commission shall be several and not joint and no member shall be liable for the default of any other member.

2-8-99. The commission is authorized to confer with and to make any information obtained pursuant to this article available to the duly constituted governmental

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authorities of this state, of other states, of political subdivisions of this state or other states, and of the United States who, by reason of their duties, have legitimate concern with the subject and to cooperate with all such authorities for the purpose of obtaining administrative uniformity and achieving the objectives ofthis article.

2-8-100. (a) The commission is authorized to issue, administer, and enforce the provisions of marketing orders.
(b)( I) Whenever the commission has reason to believe that the issuance of a marketing order or amendments to an existing marketing order will tend to effectuate the declared policy of this chapter with respect to beef, it shall, either upon its own motion or upon the application of any producer or any organization of such persons, give due notice of and an opportunity for a public hearing upon a proposed marketing order or amendments to an existing marketing order. (2) Notice of any hearing called for such purpose shall be given by the commission by publishing a notice of such hearing for a period ofnot less than five days in a newspaper of general circulation published in the capital of the state and in such other newspapers as the commission may prescribe. No such public hearing shall be held prior to five days after the last day of such period of publication. The commission shall also mail a copy of such notice of hearing and a copy ofsuch proposed marketing order or proposed amendments to all producers whose names and addresses appear upon lists of such persons on file with the commission and who may be directly affected by the provisions of such proposed marketing order or such proposed amendments. Such notice of hearing shall in all respects comply with the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (3) The hearing shall be public and all testimony shall be received under oath. A full and complete record of the proceedings at such hearing shall be made and maintained on file in the office of the commission. The hearing shall, in all respects, be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing may be conducted by the commission or by a member of the commission, as may be designated by the commission in each instance, but no decision shall be made based on hearings conducted other than by the commission itself, at which a majority of the members thereof are present, until the men1bers of the commission have been afforded an opportunity to review the hearing record. Where the commission conducts hearings, its recommendation shall be based on the findings reached after a review of the record ofthe hearing. (c)(l) In order to provide the commission with accurate and reliable information with respect to the persons who may be directly affected by any proposed marketing order for beef when such information is not then on file with the commission, the commission is authorized and directed, whenever the commission has reason to believe that the issuance of a marketing order will

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tend to effectuate the declared policy of this chapter or upon receipt of a written application for a hearing pursuant to subsection (b) of this Code section, to notify all market agents, by publication of a notice as required in paragraph (2) of this subsection, to file with the commission within ten days from the last date of such publication a report, properly certified, showing:
(A) The correct name and address of such market agent; (B) The quantities of cattle affected by the proposed marketing order handled by such market agent in the calendar year next preceding the filing of such report; (C) The correct names and addresses of all producers who may be directly affected by such proposed marketing order, from whom such market agent received cattle in the calendar year next preceding the filing of such report; and (D) The quantities of cattle received by such market agent from each such producer in the calendar year next preceding the filing of such report. (2) The notice to market agents requiring them to file a report shall be published by the commission for a period of not less than five days in a newspaper of general circulation published in the capital of the state and in such other newspaper or newspapers as the commission may prescribe. The commission shall also mail a copy of such notice to all market agents whose names and addresses appear upon the lists on file with the commission who may be directly affected by such proposed marketing order. (3) Each market agent directly affected by a proposed marketing order shall file his or her verified report with the commission within the time specified in paragraph (1) of this subsection. Failure or refusal of any market agent to file such report shall not invalidate any proceeding taken or marketing order issued. The commission is authorized and directed to proceed upon the basis of such information and reports as may otherwise be available. (4) From the reports so filed and the information so received or available to the commission, including any proper corrections, the commission shall prepare a list of the names and addresses of such producers and the quantities of cattle produced or marketed by all such producers and a list of the names and addresses of such market agents and the quantities of cattle handled by all such market agents, directly affected by such proposed marketing order or amendments thereto, in the preceding calendar year. Such lists shall constitute complete and conclusive lists for use in any finding made by the commission pursuant to subsection (a) ofCode Section 2-8-102 and such findings shall be conclusive. (5) The information contained in the individual reports of market agents filed with the commission pursuant to this Code section shall not be made public in such form. The information contained in such reports may be prepared in combined form for use by the commission, its agents, or other interested persons in the formulation, administration, and enforcement of a marketing order or may be made available pursuant to court order. Such information shall not be made available to anyone for private purposes.

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2-8-101. If, upon the basis of the record of testimony and docwnentary evidence received at tlie hearing provided for in Code Section 2-8-100 and the facts officially noticed therein from official publications or institutions of recognized standing, the commission determines that the issuance of a marketing order or an amendment will tend to effectuate the intent and purpose of this article, it may recommend the promulgation of a marketing order or amendment with respect to the matters specified in the hearing notice and supported by the record, containing any or all ofthe following provisions, but no others:
( 1) Provisions for the establishment of plans for advertising and sales promotion to maintain present markets or to create new or larger markets for cattle raised or marketed in this state or for the prevention, modification, or removal of trade barriers which obstruct the normal flow of beef to market. The commission is authorized to prepare, issue, administer, and enforce plans for promoting the sale of beef, provided that any such plan shall be directed toward promoting and increasing the sale, use, and utilization ofbeefwithout reference to a particular brand or trade name; and provided, further, that no advertising or sales promotion program shall be issued by the commission which makes use of false or unwarranted claims in behalf of any such product or disparages the quality, value, sale, or use of any other agricultural commodity; (2) Provisions prohibiting unfair trade practices by which any producer or market agent tends toward establishment of monopoly, unfairly discriminates among customers as to price or quality, or engages in fraudulent, deceptive, or misleading representations, concealment, or other similar sharp business practices which are harmful to his, her, or its customers, injurious to competitors, likely to bring into disrepute persons generally engaged in production and handling of beef, or detrimental to the intent and purpose of this article; (3) Provisions for carrying on research studies in promoting the production, marketing, sale, use and utilization, processing, and improvement of cattle or beef or any combination thereof and for the expenditure of moneys for such purposes. In any research carried on under this paragraph, the commission shall seek the cooperation of the dean of the College of Agricultural and Environmental Sciences of the University of Georgia in selecting the research project or projects to be carried on from time to time. Insofar as practicable, the commission shall seek to have such projects carried out by the College of Agricultural and Environmental Sciences but, if the dean of the college determines that the college has no facilities for a particular project or if the commission determines that some other research agency has better facilities therefor, the project may be carried out by other research agencies selected by the commission; and (4) Provisions establishing or providing authority for establishing, either as cattle are produced or delivered by producers to market agents or as cattle or beef is handled or otherwise prepared for market or as cattle or beef is

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marketed by producers or market agents, an educational program designed to acquaint producers, market agents, or other interested persons with quality improvement, including sanitation practices, procedures, or methods as applied to cattle or beef

2-8-102. (a)(1) Except as otherwise provided by subsection (i) of this Code section, no marketing order or major amendment thereto, directly affecting producers or producer marketing, issued pursuant to this article shalf be made effective by the commission unless the commission finds that such marketing order or amendment thereto has been approved or favored in a referendum among producers directly affected by a majority of the valid votes cast in such referendum and the total number ofvalid votes cast represents not less than 25 percent ofthe total number ofproducers ofrecord with the commission. (2) If the commission determines that a referendum shall be had, the commission shall establish a referendum period of 30 days. At the close of such referendum period, the conmrission shall count and tabulate the ballots filed during such period. If from such tabulation the commission finds that the number of producers voting in favor of such marketing order or amendment thereto is a majority of those casting valid votes and the total number of valid votes cast represents not less than 25 percent of the total number of producers of record with the commission, the commission may make such marketing order or amendment thereto effective. The commission is authorized to prescribe such additional procedures as may be necessary to conduct such referendum. (3) In the event ofthe failure of any proposed marketing order to be approved, no additional referendum thereon shall be held during a period of 12 months from the date ofthe close ofthe previous referendum period. (b)(1) Upon the recommendation of a majority of the members of the commission, the commission may make effective minor amendments to a marketing order. The commission may require a public hearing upon minor amendments if in its opinion the substance of such minor amendments so warrants. The commission, however, shall not be required to subnrit minor amendments for referendwn approval. (2) In making effective major amendments to a marketing order, the commission shall follow the same procedures prescribed in this article for the institution of a marketing order. For the purpose of this article, a major amendment to a marketing order shall include, but shall not be linrited to, any amendment which adds to or deletes from any such marketing order any of the following types ofregulations or authorizations: (A) Authority for the establishment of plans for advertising and sales promotion of cattle or beef; (B) Authority to prohibit unfair trade practices; (C) Authority for carrying out research studies in tl1e production, processing, or distribution of cattle or beef;

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(D) Authority to increase an assessment rate beyond the maximum rate authorized by the marketing order in effect; or (E) Authority to extend the application of the provisions of any marketing order to portions or uses of cattle or beef not previously subject to such provisions or to restrict or extend the application of such provisions upon the producers or market agents of such portions or uses of such cattle or beef (3) Modification of any provisions of any marketing order in effect, for the purpose of clarifying the meaning or application of such provisions or of modifying administrative procedures for carrying out such provisions, are declared not to be a major amendment of such marketing order. (c) Upon the issuance of any order making effective a marketing order or any suspension, amendment, or termination thereo( a notice thereof shall be posted on a public bulletin board maintained at the offices of the commission; and a copy of such notice shall be published as the commission may prescribe. No marketing order nor any suspension, amendment, or termination thereof shall become effective until the termination of a period of five days from the date of such posting and publication. It shall also be the duty of the commission to mail a copy of the notice of such issuance to all persons directly affected by the terms of such marketing order, suspension, amendment, or termination whose names and addresses are on file in the office ofthe commission and to every person who files in the office ofthe commission a written request for such notice. (d) The commission shall have the power, consistent with this article and in accordance with marketing orders and agreements made effective under this article, to establish such general rules and regulations for uniform application to all marketing orders issued under this article as may be necessary to facilitate the administration and enforcement of such marketing orders. The provisions of subsection (c) of this Code section relative to posting, publication, and time of taking effect shall be applicable to any such general rule or regulation established pursuant to this subsection and applicable to marketing orders generally. Such notice shall be fwnished by the commission for each marketing order in active operation. (e) The commission shall have the power, consistent with this article, to establish administrative rules and regulations for each marketing order issued and made effective as may be necessary to facilitate the supervision, administration, and enforcement of each such order. The provisions of subsection (c) of this Code section relative to posting, publication, mailing of notice, and time of taking effect shall be applicable to any such administrative rules and regulations. (f) Unless extended as provided in this Code section, all marketing orders issued under the authority ofthis article shall expire, terminate, and become ofno force and effect at the expiration of five years from the date of the issuance of the original marketing order or, if such marketing order has been extended, at the expiration of five years after the date of any such extension. (g) A marketing order shall be extended for a period of five years after the date of its original expiration only if extension of such marketing order has been approved or favored in a referendum among producers directly affected by at

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least 60 percent of the valid votes cast in such referendum and the total number of valid votes cast represents not less than 25 percent of the total number of producers ofrecord with the commission. (h) If the commission determines that a referendum shall be held, the commission shall establish a referendum period of 30 days, such referendum period to terminate at least 30 days prior to the expiration date of the marketing order which is the subject of such referendum. At the close of such referendum period, the commission shall count and tabulate the ballots cast during such period. If from such tabulation the commission finds that the number of producers voting in favor ofthe extension of such marketing order is not less than 60 percent of the total number of valid ballots cast and the total number of valid ballots cast represents not less than 25 percent of the total number of producers of record with the commission, then such marketing order shall be extended for a period of five years after the expiration date; otherwise, the marketing order shall expire, terminate, and be of no force and effect as provided in subsection (f) ofthis Code section. (i) In lieu of the procedures provided by this Code section, the commission may elect to follow the procedures and requirements provided by Code Section 2-8-23 for purposes of making marketing orders or amendments or extensions thereof effective pursuant to referendum or assent.

2-8-103. Marketing orders issued by the commission under this article may be limited in their application by prescribing the marketing areas or portions of the state in which a particular order shall be effective, provided that no marketing order shall be issued by the commission unless it embraces all persons of a like class who are engaged in a specific and distinctive agricultural industry or trade within this state.

2-8-104. (a)(1) For the purpose of providing funds to defray the necessary expenses
incurred by the commission in the fOrmulation, issuance, administration, and
enforcement of each marketing order issued under this article, each such
marketing order shall provide for the levying and collection of assessments in sufficient amounts to defray such expenses. Each marketing order shall
indicate the maximum rate of any such assessment which may be collected and
the proportion, if any, payable by each producer and market agent directlY
regulated or affected by such marketing order. In administering such marketing order, the commission shall adopt, from time to time, budgets to cover necessary expenses and the assessment rate necessary to provide sufficient funds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray the
necessary expenses, it may approve such budget and rate of assessment and
order that each producer and market agent so assessed shall pay to the commission, at such times and in such installments as the commission may

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prescribe, an assessment, based upon the units in which beef is marketed or upon any other uniform basis which the commission determines to be reasonable and equitable, but in amounts which (A) in the case of producers will not exceed 2 Y2 percent of the gross dollar volume of sales of the cattle affected by all such producers regulated by such marketing order, or (B) in the case of market agents will not exceed 2 Y2 percent of the gross dollar volume of purchases of cattle affected by the marketing order from producers or of the gross dollar volume of sales of cattle affected by the marketing order and handled by all such market agents regulated by such marketing order during the period during which such marketing order is effective. (2) No assessments levied and collected under this subsection shall be used in carrying out any advertising or sales promotion plans. (b){l) Each marketing order which authorizes the carrying out of advertising and sales promotion plans shall provide for the levying and collection of assessments in sufficient amounts to defray the expenses of such activities. Each such marketing order shall indicate the maximum rate of any such assessment and the proportion, if any, payable by each producer and market agent directly regulated or affected by such marketing order. The commission shall adopt budgets to cover such expenses and establish the assessment rate necessary to provide sufficient fimds. If the commission finds that each such budget and assessment rate are proper and equitable and will provide sufficient moneys to defray such expenses, it may approve such budget and approve and levy such assessment. Any assessments so established shall be based upon the units in which cattle are marketed or upon any other uniform basis which the commission determines to be proper and equitable. Any assessment rates established under this subsection shall be in amounts not to exceed 4 percent of the gross dollar volume of sales by all producers or by all market agents regulated by such marketing order during the period during which such marketing order is effective. (2) Assessments levied and collected under this subsection shall be the only assessments used in carrying out advertising or sales promotion plans for purposes ofthis article. (3) Any producer may at any time elect not to be subject to any assessment levied for purposes of this subsection, and any producer who has so elected in accordance with this paragraph shall be exempt from levy, not be assessed, and have no liability for assessment for purposes of this subsection. Any producer who has so elected may thereafter cancel such election at any time, in which event the producer s exemption shall cease. Any such election or cancellation by a producer shall be submitted in writing to the commission, in such form and manner as specified by the Commissioner. (c) At no time shall the combined amount of assessments in effect pursuant to subsections (a) and (b) ofthis Code section exceed $1.00 per head of cattle. (d) In the event that the commission has reason to believe that the administration of a marketing order will be facilitated or the attainment of the purposes and objectives of the marketing order will be promoted thereby, the commission is

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authorized to borrow money, with or without interest, to carry out any provision of any marketing order authorized by this article and may hypothecate anticipated assessment collections applicable to such respective provisions. (e) In lieu of requiring advance deposits for defraying administrative or advertising and sales promotion expenses until such time as sufficient moneys are collected for such purposes from the payment of assessments established pursuant to this Code section, the commission is authorized to receive and disburse for such purposes contributions made by producers or market agents. The commission shall not be held responsible for the repayment of such contributions, provided that whenever collections from the payment of established assessments credited to the respective marketing order accounts are sufficient so to warrant, the commission shall repay contributions or shall authorize the application of such contributions to the assessment obligations of the persons who made such contributions.
(f)(l) Each and every market agent for which an assessment has been established by or pursuant to this article shall, at the time of purchasing or acquiring any such cattle from the producer thereof, collect from such producer the assessment established by or in accordance with this article and remit the same to the commission. The liability of such market agent under this article shall not be discharged except upon receipt of such sums by the commission. For the purpose of this subsection, to ensure compliance with this Code section, and for the administrative convenience of the commission in enforcing payment and collection of such assessments, delivery by a producer to a market agent for processing of any cattle upon which an assessment has been established shall be deemed a sale of such cattle within the meaning of this Code section; and the assessment shall thereupon attach and become due, regardless of whether such market agent actually purchases such cattle for himself or herself or only processes same for a consideration payable by the producer or another person and such cattle are thereafter sold to another person, provided that upon collection of such assessment by the market agent to whom such cattle are so delivered for processing only, no further or additional assessment shall attach or become due by reason of the subsequent sale by such producer of such processed cattle to another person or market agent. (2) This subsection shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of this Code section. (g) The commission may prescribe such rules as may be necessary and reasonable for the orderly reporting and transmitting of assessments by market agents and may take all legal action necessary to enforce payment of the same by market agents. The commission is authorized to issue executions for the same in like manner as executions are issued for ad valorem property taxes due the state. It shall be the duty of each and every sheriff of this state and their lawful deputies, upon the request of the commission, to levy and collect such executions and to make their return thereof to the commission in like manner as such taX executions are levied and return thereof made to county tax collectors and taX

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conmuss10ners. The commission shall likewise be authorized to collect, by execution as provided in this subsection or otherwise, directly from the producer against whom any assessment levied under this Code section may be found due whenever it is determined that such producer has sold such affected cattle giving rise to such liability to a person other than to a market agent who has collected such assessment and is required by this Code section to remit the same to the commission. Furthermore, the commission may proceed against such producer and the purchaser of such cattle simultaneously if the purchaser is a market agent required to collect such assessment, until satisfaction is obtained. (h) Any moneys collected by the commission pursuant to this article shall be deposited in a bank or other depository approved by the commission and shall be disbursed by the commission only for the necessary expenses incurred by the commission, as approved by the commission. Funds so collected shall be deposited and disbursed in conformity with appropriate rules and regulations prescribed by the commission. All such expenditures by the commission shall be audited at least annually by the state auditor and a copy of such audit shall be delivered within 30 days after the completion thereof to the Governor and the commission. If the commission is abolished, any fimds remaining in its hands at such time shall be used to pay the existing obligations of the commission and the expenses incurred in winding up the affairs of the commission. Any excess remaining shall escheat to the state and shall be paid into the state treasury as unclaimed trust fimds. (i) Moneys deposited by the commission pursuant to this Code section which the commission determines are available for investment may be invested or reinvested by the commission as provided for fimds of this state or of any retirement system created by law, provided that all moneys invested shall be invested in those areas ofproduction that will provide a return at the highest bank interest rate available. It shall be the duty of the commission annually to review these investments and determine whether they are in compliance with this Code section.

2-8-105. (a) Any assessment levied or established in accordance with this article in such specified amount as may be detennined by the commission pursuant to this article shall constitute a personal debt of every person so assessed and shall be due and payable to the commission when payment is called for by the conmusston. In the event of the failure of such person to pay any such assessment upon the date determined by the commission, the commission may file an action against such person in a court of competent jurisdiction for the collection thereof (b) In the event that any producer or market agent duly assessed pursuant to this article fails to pay to the commission the amount so assessed on or before the date specified by the commission, the commission is authorized to add to such unpaid assessment an amount not exceeding I 0 percent of such unpaid

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assessment to defray the cost of enforcing the collection of such unpaid assessment. (c) The provisions of subsection (a) of this Code section with respect to collection of assessments by action are in addition to and cumulative of the provisions of this article authorizing the issuance of executions for assessments by the commission. The 10 percent penalty authorized to be assessed upon delinquent assessments under subsection (b) of this Code section may likewise be included in any execution issued by the commission. Such remedies may be pursued concurrently until satisfaction is obtained upon either. Any penalty recovered shall become a part of the principal assessment levied and shall be for the use of the commission as are other moneys received under this article. (d) This Code section shall not apply to an assessment against a producer from which such producer is exempt under subsection (b) of Code Section 2-8-104.

2-8-106. (a) The commission may require any and all market agents subject to the provisions of any marketing order issued pursuant to this article:
(1) To maintain books and records reflecting their operations under the marketing order; (2) To furnish to the commission or its duly autl10rized or designated representatives such infonnation as may from time to time be requested by them relating to operations under the marketing order; and (3) To permit inspection by the commission or its duly authorized or designated representatives of such portions ofsuch books and records as relate to operations under the marketing order. (b) Information obtained by any person under this Code section shall be confidential and shall not be disclosed by him or her to any other person, except to a person with like right to obtain tlw information or to any attorney employed to give legal advice thereupon or by court order. (c) In order to carry out the purposes of this Code section, the commission may hold hearings, take testimony, administer oaths, subpoena witnesses, and issue subpoenas for the production ofbooks, records, or documents of any kind.

2-8-107. Any person who violates any provision ofthis article or any marketing order duly issued by the commission and in effect under this article or who violates any rule or regulation issued by the commission pursuant to this article or of any marketing order duly issued and effective under tllis article shall be civilly liable to the commission for a penalty in an amount not to exceed $500.00 for each and every violation thereof, the amount ofsuch penalty to be fixed by the commission after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for contested cases and recoverable by a civil action brought in the name of the commission or by execution issued in like manner as for assessments provided by Code Section 2-8-104. Any moneys

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recovered pursuant to this Code section shall be deposited and disbursed in accordance with subsection (e) of Code Section 2-8-104 as are other moneys.

2-8-108. (a) The Attorney General of this state shall, upon complaint by the commission, or may, upon his or her own initiative if after examination of the complaint and evidence he or she believes a violation has occurred, bring an action in the superior court in the name of the commission for civil penalties or for injWlctive relief, including specific performance of any obligation imposed by a marketing order or any rule or regulation issued Wlder this article, or both, against any person violating any provisions of this article or of any marketing order or any rule or regulation duly issued by the commission under this article. (b) If it appears to the court, upon any application for a temporary restraining order, upon the hearing of any order to show cause why a preliminary injunction should not be issued, or upon the hearing of any motion for a preliminary injW1ction, or if the court finds in any such action that any defendant therein is violating or has violated any provision of this article or of any marketing order or any rule or regulation duly issued by the commission under this article, then the court shall enjoin the defendant from committing further violations and may compel specific performance of any obligation imposed by a marketing order or any rule or regulation issued by the commission under this article. It shall not be necessary in such event to allege or prove lack of an adequate remedy at law. (c) In any action brought by the Attorney General to enforce any of the provisions of this article or of any marketing order issued by the commission and effective under this article or of any rule or regulation issued by the commission pursuant to any marketing order, the judgment, if in favor of the commission, may provide that the defendant pay to the commission the costs incurred by the commission in the prosecution of such action.

2-8-109. (a) The commission on its own motion may, and upon the complaint of any interested party charging a violation of any provision of this article or of any provision of any marketing order or any rule or regulation issued by the commission and effective under this article shall, either refer the matter directly to the Attorney General of this state or to any prosecuting attorney of this state for the institution of legal proceedings thereupon or, if the commission deems it necessary or advisable, immediately call an administrative hearing, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' governing contested cases, to consider the charges set forth in such verified complaint. (b) In case the matter is referred directly by the commission to the Attorney General or any prosecuting attorney, it shall be the duty of such officer, if after examination ofthe complaint and the evidence he or she believes that a violation has occurred, to bring an appropriate action or actions in a court or courts of competent jurisdiction in this state.

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(c) After an administrative hearing, if the commission finds that a violation has occurred, it shall enter its findings and notify the parties to such complaint. In its discretion, the commission shall either refer the matter to the Attorney General for the institution of legal proceedings or notify such parties to cease and desist from further violation. Upon the refusal or failure of such parties to comply or if the commission finds that the facts or circwnstances warrant immediate prosecution, the commission shall file a complaint with the Attorney General or with any prosecuting attorney ofthis state requesting that such officer commence any or all actions authorized in this article against such respondent or respondents in a court of competent jurisdiction.

2-8-110. (a) Any person who willfully renders or furnishes a false or fraudulent report, statement, or record required pursuant to this article or any marketing order effective under this article shall be guilty of a misdemeanor. (b) Any market agent or other person engaged in the handling or processing of cattle or beef or in the wholesale or retail trade thereof who fails or refuses to furnish, upon request, information concerning the name and address ofthe person from whom he or she has received cattle or beef regulated by a marketing order issued and in effect under this article and the quantity of such cattle or beef received shall be guilty of a misdemeanor.

2-8-111. Any person who violates any provision of this article or any provision of any marketing order duly issued by the cmmnission under this article shall be guilty of a misdemeanor.

2-8-II2. The penalties and remedies prescribed in this article with respect to any violation mentioned shall be concurrent and alternative. Neither singly nor combined shall such penalties and remedies be exclusive; rather, either singly or combined, such penalties and remedies shall be cwnulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided or allowed by law with respect to any such violation.

2-8-II3. This article shall not be applicable to any retailer of beef except to the extent that any retailer is included within the definition of 'market agent' pursuant to paragraph (II) of Code Section 2-8-9I.

2-8-114. The promulgation, adoption, and amendment of rules and regulations by the commission shall be subject to the requirements of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.''

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PART II SECTION 2-1.

Said title is further amended in reserved Chapter 15 by striking the sentence "Reserved." immediately following the chapter designation and inserting in lieu thereofthe following:
'2-15-1. This chapter may be cited as the 'Georgia Pacific White Shrimp Aquaculture Development Act of2004.'

2-15-2. As used in this chapter, the term:
(I) 'Aquaculturalist' means a person or firm engaged in aquaculture. (2) 'Aquaculture' means the extensive or intensive farming of aquatic animals and aquatic plants. (3) 'Pacific white shrimp' means the species Penaeus vannamei.

2-15-3. (a) There is created the Pacific White Shrimp Aquaculture Development Advisory Council. The council shall be composed of 15 members as follows:
( 1) One member representing agriculture at large to be appointed by mutual agreement of the chairpersons of the House and Senate Committees on Agriculture and Consumer Affairs. (2) The dean of the College of Agriculture, Home Economics, and Allied Programs of Fort Valley State University or his or her representative; (3) The chairperson of the Committee on Agriculture and Consumer Affairs ofthe House of Representatives or his or her representative; (4) The chairperson of the Committee on Agriculture and Consumer Affairs ofthe Senate or his or her representative; (5) The Commissioner or his or her representative; (6) The commissioner ofnatural resources or his or her representative; (7) The commissioner of industry, trade, and tourism or his or her representative; and (8) Eight members to be appointed as provided by this paragraph. The President of the Senate and d1e Speaker of the House of Representatives each shall appoint four members as follows:
(A) Two members shall be representatives of the pacific white shrimp aquaculture industry; (B) One member shall be a representative of the aquaculture supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion ofpacific white shrimp aquaculture. Each of the nine appointed members shall be appointed for a term oftwo years and until a successor is appointed and assumes membership on the council.

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The terms ofthe first such appointed members shall begin on the effective date of this chapter. (b) The purpose of the council shall be to inform and advise the department and the Department of Natural Resources regarding important developments in aquaculture ofpacific white shrimp. (c) The members of the council shall enter upon their duties without further act or formality. The council may make such bylaws for its government as it deems necessary but is under no duty to do so. The council may appoint working subcommittees based on identified needs. These subcommittees may consist of noncouncil members who exhibit an interest in the development of the pacific white shrimp aquaculture industry of Georgia. (d) Eight members of the council shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the council by this chapter. No vacancy on the council shall impair the right of a quorum to transact any and all business ofthe council. (e) The members shall not receive compensation for their services on the council but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (f) The council shall meet upon the call of its chairperson, who shall be elected by the members of the council. The chairpersons of the Committees on Agriculture and Consumer Affairs of the House of Representatives and the Senate shall serve as cochairpersons of the council until such time as a chairperson of the council is elected by the members. (g) The council is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this chapter which are necessary or convenient to enable it to exercise its powers, perform its duties, and accomplish the objectives and purposes ofthis chapter. (h) Staff support for the council shall be provided by the department and the Department ofNatural Resources.

2-15-4. (a) There shall be a pacific white shrimp aquaculture program within the department. (b) The department shall make a thorough study of pacific white shrimp aquaculture and the potential for development and enhancement of such aquaculture in the state. It shall be the duty of the department to develop, distribute, and, from time to time, amend a pacific white shrimp aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable pacific white shrimP aquaculture enterprises in Georgia. Such plan shall include:

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(1) An evaluation ofGeorgia s natural resources as they relate to pacific white shrimp aquaculture; (2) An evaluation of pacific white shrimp and its potential for culture in Georgia; (3) An identification of constraints to development of pacific white shrimp aquaculture in Georgia and recommendations on methods to alleviate such constraints; (4) An identification of the role of the department in supporting the pacific white shrimp aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) A list of the resources, training programs, technical assistance, and other programs available to prospective pacific white shrimp aquaculturalists; (6) Recommendations for implementation ofthe plan; and (7) An identification of the role of other state and federal agencies in the development ofthe pacific white aquaculture industry. (c)(l) To aid in performing its duties m1der this Code section, the department shall rely upon, to the extent feasible, the Georgia Center for Aquaculture Development at Fort Valley State University as a state-wide center for providing information, conducting research and development, and technology transfer training on fresh-water and marine aquaculture in diverse production systems. (2) Middle Georgia Technical College shall collaborate, to the extent feasible, with the Georgia Center for Aquaculture Development at Fort Valley State University on aquaculture training.

2-15-5. (a) Any person or firm engaged in pacific white shrimp aquaculture shall apply to the department for a pacific white shrimp aquaculture registration. The lawfully obtained pacific white shrimp of an aquaculturalist registered under this chapter shall be privately owned subject to regulation by the department; provided, however, any person selling pacific white shrimp without first obtaining a pacific white shrimp aquaculture registration shall be considered to be selling 'wildlife' or 'wild animals' and shall be su~ject to the provisions of Title 27 governing such sale. (b) On and after January 1 of the calendar year following the year in which this chapter becomes effective, it shall be a misdemeanor for any person or firm to engage in pacific white shrimp aquaculture mliess such person or firm is registered as provided by this chapter; except that this subsection shall not apply to the employees of a registered pacific white shrimp aquaculturalist.

2-15-6. The department shall register persons engaged in pacific white shrimp aquaculture under the applicable provisions of this chapter. Such registration or any renewal thereof shall expire on December 3 1 of each even-nmnbered year

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following registration; provided, however, that any registration shall expire 30 days following any change in the status of any information required by the provisions of this chapter or by any rule or regulation adopted pursuant to this chapter to be reported to the department. The department shall issue to registrants who update or renew their registration new certificates of registration for the full period ofregistration provided for in this Code section.

2-15-7. (a) All applications to the department for registration as a pacific white shrimp aquaculturalist shall:
(1) Designate an address in this state where the applicant can be personally served with legal process; (2) Contain an appointment of an agent in this state for acceptance of service oflegal process, together with the agent's address in this state; or (3) Contain a designation of the Secretary of State for acceptance of service oflegal process. (b) A copy of such application shall be forwarded to the Secretary of State by the department (c) The Commissioner shall by rule or regulation establish a registration fee in such amount as it reasonable and necessary to cover administrative costs.

2-15-8. The filing of an application with the department for registration as a pacific white shrimp aquaculturalist shall constitute an admission by the applicant that the applicant is doing business in this state.

2-15-9. (a) The Commissioner may deny registration to:
(1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law or rule administered by the department or the Department ofNatural Resources or any regulation or quarantine of the department or the Department ofNatural Resources; or (3) A corporation, when any of its officers has a criminal record or is found by the Commissioner to have violated any law administered by the department or the Department of Natural Resources or any regulation or quarantine ofthe department or the Department ofNatural Resources. (b) In the case of a partnership, all parties shall be considered applicants for the purpose ofthis Code section. (c) No registration shall be denied under this chapter without opportunity fur hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'

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2-15-10. The Commissioner may revoke any outstanding registration where the holder of the same or any officer or agent of the holder is found by the Commissioner to have violated any law or rule administered by the department or the Department of Natural Resources or any regulation or quarantine of the department or the Department of Natural Resources, provided that no registration shall be revoked under this Code section without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'

2-15-11. All registration certificates issued by the department shall be evidence of a registration. The department shall maintain a current list of all persons registered under this chapter.

2-15-12. (a) The Commissioner shall make and publish such rules and regulations, not inconsistent with law, as are reasonable and necessary to carry out the purposes ofthis chapter. (b) Such rules and regulations shall include, without limitation, best management practices that shall serve as protocols for the establishment and maintenance of responsible and sustainable pacific white shrimp aquaculture and for the protection of public health and safety, wildlife, and natural resources. By way of example only, such practices may cover site selection, site plans, stocking, disease importation management, escapement of eggs, fry, and adults, harvesting, transportation of product, effective management, food safety at the farm level, and reporting requirements. Compliance with such best management practices shall be a condition of any pacific white shrimp aquaculture registration certificate issued under this chapter.

2-15-13. (a) It shall be unlawful for any person to have in his or her possession pacific white shrimp obtained from a pacific white shrimp aquaculturalist without a bona fide bill of sale or lading that provides the date oftransaction, identifies the seller, and details at least two of the following three criteria for pacific white shrimp: number, weight, or average length. (b) It shall be unlawful to sell pacific white shrimp produced by aquaculture which shrimp the department has determined to have diseases or parasites that would be harmful to native wildlife populations, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. (c) Wholesale fish dealers or retail fish dealers properly licensed under Title 27 may sell pacific white shrimp obtained from a pacific white shrimp aquaculturalist registered under this chapter. (d) The Commissioner may by rule or regulation prohibit, condition, or limit the importation, possession, or sale in this state of pacific white shrimp where the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

same are found to be hannful to endemic wildlife populations or where the importation, possession, or sale might introduce or spread disease or parasites, including without limitation any viruses that may be latent in exotics but problematic if introduced into indigenous stocks. The Commissioner shall consult with the commissioner of natural resources to determine conditions and limitations regarding importing pacific white shrimp to protect endemic wildlife populations from disease, parasites, or other hann. (e) Any pacific white shrimp in the postlarval stage obtained for growout must be free of disease. (f) Employees or agents of the department shall confiscate any pacific white shrimp imported, purchased, or acquired by any person in violation of this Code section or any rule or regulation of the Commissioner adopted pursuant to this Code section.

2-15-14. (a) Any inspector or other person authorized to ascertain compliance with any provision of this chapter or any rule or regulation ofthe department pertaining to pacific white shrimp aquaculture may enter during normal business hours and inspect the premises of a pacific white shrimp aquaculturalist to determine whether such person is in compliance with the rules and regulations of the department. (b) In the event any person refuses to give his or her consent to an inspection as provided in subsection (a) ofthis Code section, the Commissioner or any person authorized to make inspections may seek a warrant to make an inspection as provided in this subsection:
(1) Any application for an inspection warrant shall be made to a person who is a judicial officer within the meaning of Code Section 17-5-21; (2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justitying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative ~tandards fur conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle; (3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisJ)'ing himself or herself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the

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extended or renewed time. After the expiration of such time, the warrant, unless executed, is void; (4) An inspection pursuant to an inspection warrant shall be made between 8:00A.M. and 6:00P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a violation of this chapter or any rule or regulation promulgated pursuant to this chapter, which, if such violation existed, would be an immediate threat to health, safety, or welfare or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected; (5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this paragraph shall be guilty of a misdemeanor; and (6) Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the Commissioner or any person authorized to make inspections for the department, and commanding him or her to conduct any inspection authorized by any rules or regulations promulgated pursuant to this chapter. (c) The provisions of Code Section 27-1-23 shall not be applicable to any person registered under this chapter.'

SECTION 2-2. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking paragraphs (23) and (77) of Code Section 27-1-2, relating to definitions relative to said title, and inserting in their respective places the following:
'(23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, ratite, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals, except that lawfully obtained farmed fish which are held in confinement in private ponds shall be known as and considered to be 'domestic fish,' but only if they are fish species which are either indigenous to Georgia or are fish species which have been recognized

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prior to 1992 as having an established population in Georgia waters other than private ponds; provided, however, that Morone americana, white perch, shall not be a domestic fish; and provided, further, that pacific white shrimp produced or used by and contained on the premises of a pacific white shrimp aquaculturalist registered under Code Section 2-15-6 shall not be presumed to be wild animals. "(77) 'Wildlife' means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof; except that such term does not include any domestic fish produced by aquaculturalists registered under Code Section 27-4-255 or any pacific white shrimp produced or used by and lawfully contained on the premises of a pacific white shrimp aquaculturalist as those terms are defined by Code Section 2-15-2:

SECTION 2-3. Said title is further amended by striking Code Section 27-2-14, relating to permits for liberation of wildlife or liberation of domestic fish, and inserting in lieu thereof the following:
*27-2-14. It shall be unlawful fur any person to liberate any wildlife within this state or to liberate domestic fish or pacific white shrimp (Penaeus vannamei) except into private ponds, except under permit from the department; provided, however, that pen raised quail may be released for purposes of training pointing, flushing, and retrieving dogs.

SECTION 2-4. Said title is further amended by striking Code Section 27-4-7 5, relating to sale of fish by commercial fish hatcheries, sale of game fish, bill of sale or lading fur possession of certain game fish and domestic fish, and sale of diseased fish, and inserting in lieu thereofthe following:
'27-4-75. (a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as follows:
(1) Fish may be sold as provided in Code Section 27-4-74 or 27-4-76; and (2) Domestic fish as defined in paragraph (23) ofCode Section 27-1-2 and that are produced by an aquaculturalist registered under Code Section 27-4-255. (b) Except as provided in Code Section 27-4-74 and except for persons licensed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 27-2-23 to sell any species of game fish. It shall also be unlawful for any person to have in his or her possession any such game fish obtained from a commercial fish hatchery, wholesale fish dealer, or retail fish dealer or domestic fish from an aquaculturalist registered under Code Section 27-4-255

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without a bona fide bill of sale or lading which provides the date of transaction, identifies the seller, and details at least two ofthe following three criteria for each species offish contained therein: nwnber, weight, or average length. (c) It shall also be unlawful to sell fish from a commercial fish hatchery which the department has determined to have diseases or parasites which would be harmful to native fish populations."

SECTION 2-5. Said title is further amended by striking Code Section 27-4-7 6, relating to licensing of wholesale and retail fish dealers and sale, transportation into state, or possession of live fish and fish eggs, and inserting in lieu thereofthe following:
'27-4-76. (a) It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Properly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a licensed fish hatchery or domestic fish obtained from an aquaculturalist registered under Code Section 27-4-255 or as otherwise provided in Code Section 27-4-74. Notwithstanding any other provision to the contrary, a licensed commercial fish hatchery shall not be required to obtain a license as a wholesale fish dealer or a retail fish dealer. (b) Notwithstanding subsection (a) of this Code section, nonresident persons may sell and transport fish and fish eggs into the state without being required to procure a wholesale fish dealer license where the sale and shipment are made to a wholesale fish dealer duly licensed under Code Section 27-2-23. (c) The board may by regulation prohibit or limit the importation, possession, or sale in this state oflive fish or fish eggs where the same are found to be harmful to endemic fish populations or where the importation, possession, or sale might introduce or spread disease or parasites. (d) The conservation rangers or other agents or officials of the department shall confiscate any fish imported, purchased, or acquired by any person in violation of this Code section or any regulation promulgated by the board pursuant to this Code section."

SECTION 2-6. Said title is further amended by striking paragraph (l) of Code Section 27-4-252, relating to definitions relative to aquaculture development, and inserting in lieu thereofthe following:
'(1) 'Aquaculture' means the extensive or intensive farming ofaquatic animals, other than pacific white shrimp as defined by Code Section 2-15-2, and aquatic plants."

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PART III SECTION 3-1.

(a) This part shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Part I of this Act shall become effective if and when the decision of the United States Court of Appeals for the Eighth Circuit in the case of Livestock Marketing Association v. United States Department ofAgriculture, Nos. 02-2769/2832, slip. op. (8th Cir. July 8, 2003), holding the collection of mandatory assessments to pay for generic advertising of beef and beef products under the federal Beef Promotion and Research Act of 1985, 7 U.S.C. Section 2901, et seq., unconstitutional as a violation of the First Amendment to the Constitution of the United States, is affirmed by the United States Supreme Court; provided, however, that if a petition for writ of certiorari is denied in such case or such petition is granted but the decision of the United States Court. ofAppeals for the Eighth Circuit is not affirmed prior to July I, 2006, Part I of this Act shall not become effective and shall stand repealed on July I, 2006. (c) Part II of this Act shall become effective only upon the effective date of a specific appropriation of fi.mds for purposes of said part of this Act as expressed in a line item of an appropriations Act enacted by the General Assembly.

SECTION 3-2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

MAYOR GEORGE MERRON PETERS MEMORIAL HIGHWAY; DESIGNATE.
No. 729 (House Resolution No. 940).
A RESOLUTION
Designating the Mayor George Merron Peters Memorial Highway; and for other purposes.
WHEREAS, George Merron Peters was born on January 20, 1927; and
WHEREAS, he faithfully served as the mayor of Good Hope, Georgia, in Walton County, from January I, 1971, until his death on October 30, 2003; and

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WHEREAS, this hardworking and dedicated man retired from General Motors with 32 years of service in 1978 and retired from the Walton CoWlty Hospital EMT service in 1985; and

WHEREAS, George Merron Peters was devoted to his family, his commWlity, and his church and he served as a leader and an elder at the Good Hope Christian Church; and

WHEREAS, it is abw1dantly fitting and proper that the many achievements, accomplishments, and contributions of George Merron Peters in Good Hope and in the State of Georgia be appropriately recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members ofthis body urge that the portion of Georgia Highway 83 within the city limits of Good Hope be designated as the Mayor George Merron Peters Memorial Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Mayor George Merron Peters Memorial Highway.

BE IT FURTHER RESOLVED that the Clerk ofthe House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the family of the late George Merron Peters.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the regular 2004 session of the General Assembly ofGeorgia a bill sponsored by Representative John Douglas, 412 Legislative Office Building, Atlanta, Georgia 30334, (404) 656-0137, to designate the portion of Georgia Highway 83 within the city limits of Good Hope as the Mayor George Merron Peters Memorial Highway in honor of his achievements, accomplishments, and contributions in Walton CoWlty and in the State of Georgia, and for other purposes. The estimated cost of such designation is $1,500.00 (6 signs at $250.00 per sign).

This 15thdayofJanuary2004.

John F. Douglas Representative, 73rd District

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GEORGIA, FULTON COUNTY

Personally appeared before me, the Wldersigned authority, duly authorized to administer oaths, John F. Douglas, who on oath deposes and says that he is the Representative from District 73 and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Walton TribWle which is the official organ of Walton CoWlty on January 21, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

s/ JOHN F. DOUGlAS John F. Douglas Representative, District 73

Sworn to and subscribed before me, this 26th day of January, 2004.

s/ SUSAN GORDON Susan Gordon Notary Public, Rockdale CoWlty, Georgia My Commission Expires Nov. 18,2005 (SEAL)

Approved May 17, 2004.

COMMERCE- SELF-SERVICE STORAGE FACIUTY; OWNER STATUS; PRESUMPTIONS.
No. 777 (Senate Bill No. 403).
AN ACT
To amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to change a certain definition; to provide that the owner of a self-service storage facility shall not be a bailee; to provide for presumed delivery of notice; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 5 of Chapter 4 of Title I 0 of the Official Code of Georgia Annotated. the "Georgia Self-service Storage Facility Act," is amended by striking in its entirety

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paragraph (4) ofCode Section I0-4-211, relating to definitions, and inserting in lieu thereof the following:
"(4) 'Personal property' means movable property not affixed to land and includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings."

SECTION2.

Said article is further amended by striking in its entirety Code Section I 0-4-213,

relating to the enforcement of a lien without judicial intervention, and inserting in

lieu thereofthe following:

"10-4-213.

Provided that it complies with the requirements of this Code section, an owner

may enforce the lien without judicial intervention. Owner shall obtain from

occupant a written rental agreement which includes the following language:

This agreement, made and entered into this ___ day of _ _ _ _ __

____, by and between

, hereinafter called Owner, and

_ _ _ _ _ _ _, hereinafter called Occupant, whose last known address is

- - - - - - - . For the consideration hereinafter stated, the Owner agrees to let the Occupant use and occupy a space in the self-service storage

facility, known as

, situated in the City of

-,--------,:-' County of

, State of Georgia, and more particularly

described as follows: Building#___, Space#_ _, Size

. Said

space is to be occupied and used for the purposes specified herein and subject

to the conditions set forth for a period of

, beginning on the _ __

day of

, _ _, and continuing month to month until

terminated.

'Space,' as used in this agreement, will be that part of the self-service storage

facility as described above. The Occupant agrees to pay the Owner, as

payment for the use of the space and improvements thereon, the monthly sum

of$

. Monthly installments are payable in advance on or before the

first of each month, in the amount of $

, and a like amount for each

month thereafter, until the termination ofthis agreement.

If any monthly installment is not paid by the tenth of the month due, or if any

check given in payment is dishonored, Occupant shall be deemed to be in

default.

Occupant further agrees to pay the sum of one month's fees, which shall be

used as a clean-up and maintenance fi.md, and is to be used, if required, fur the

repair of any damage done to the space and to clean up the space at the

termination of the agreement. In the event that the space is left in a good state

of repair, and in a broom-swept condition, then this amount shall be refi.mded

to the Occupant. However, it is agreed to between the parties that the Owner

may set off any claims it may have against the Occupant from this fi.md.

The space named herein is to be used by the Occupant solely for the purpose

of storing any personal property belonging to the Occupant. The Occupant

agrees not to store any explosives or any highly inflanunable goods or any

978

GENERAL ACTS AND RESOLUTIONS, VOL. I

other goods in the space which would cause danger to the space. The

Occupant agrees that the property will not be used for any unlawful purposes

and the Occupant agrees not to commit waste, nor alter, nor affix signs on the

space, and to keep the space in good condition during the term of this

agreement.

OWNER HAS A UEN ON ALL PERSONAL PROPERTY STORED IN

OCCUPANTS SPACE FOR RENT, LABOR, OR OTHER CHARGES,

PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY,

AND FOR ITS PRESERVATION OR EXPENSES REASONABLY

INCURRED IN ITS SALE OR OTHER DISPOSITION PURSUANT TO

THIS AGREEMENT. PERSONAL PROPERTY STORED IN OCCUPANTS

SPACE WILL BE SOLD OR OTHERWISE DISPOSED OF IF NO

PAYMENTHASBEENRECEIVEDFORACONTINUOUSTHIRTY-DAY

PERIOD AFTER DEFAULT. IN ADDITION, UPON OCCUPANTS

DEFAULT, OWNER MAY WITHOUT NOTICE DENY OCCUPANT

ACCESS TO THE PERSONAL PROPERTY STORED IN OCCUPANTS

SPACE UNTIL SUCH TIME AS PAYMENT IS RECEIVED. IF ANY

MONTHLY INSTALLMENT IS NOT MADE BY THE TENTH OF THE

MONTH DUE, OR IF ANY CHECK GIVEN IN PAYMENT IS

DISHONORED, THE OCCUPANT IS IN DEFAULT FROM DATE

PAYMENT WAS DUE.

For purposes ofOwner s lien: 'personal property' means movabie property, not

affixed to land, and includes, but is not limited to, goods, wares, merchandise,

motor vehicles, watercraft, household items, and furnishings; 'last known

address' means that address provided by the Occupant in the latest rental

agreement or the address provided by the Occupant in a subsequent written

notice of a change of address.

The Owner s lien is superior to any other lien or security interest, except those

which are evidenced by a certificate of title or perfected and recorded prior to

the date of this rental agreement in Georgia, in the name of the Occupant,

either in the county of the Occupant's 'last known address' or in the county

where the self-service storage facility is located, except any tax lien as

provided by law and except those liens or security interests of whom the

Owner has knowledge through the Occupant's disclosure in this rental

agreement or through other written notice. Occupant attests that the personal

property in his space(s) is free and clear of all liens and secured interests

except for

. The Owner s lien attaches as of the date the

personal property is brought to the self-service storage facility.

Except as otherwise specifically provided in this rental agreement, the

exclusive care, custody, and control of any and all personal property stored in

the leased space shall remain vested in the Occupant. The Owner does not

become a bailee of the Occupant's personal property by the enforcement of the

Owner's lien.

If Occupant has been in default continuously for thirty (30) days, Owner may

enforce its lien, provided Owner shall comply with the following procedure:

GEORGIA lAWS 2004 SESSION

979

The Occupant shall be notified in writing by delivery in person or by certified mail or statutory overnight delivery to the last known address of Occupant. The Owner also shall notifY other parties with superior liens or security interests as defined in this rental agreement. Such notice shall be presumed delivered as of the date indicated on the proof of delivery, or if there is no proof of delivery, on the fourteenth day after sending as shown by the United States Postal Service or the statutory overnight delivery service. Owner s notice to Occupant shall include an itemized statement of the Owner's claim showing the sum due, at the time of the notice, and the date when the sum became due. It shall briefly and generally describe the personal property subject to the lien. The description shall be reasonably adequate to permit the person(s) notified to identifY it, except that any container included, but not limited to, a trunk, valise, or box that is locked, fastened, sealed, or tied in a manner which deters immediate access to its contents may be described as such without describing its contents. Owner s notice shall notifY Occupant of denial of access to the personal property and provide the name, street address, and telephone number of the Owner or its designated agent, whom the Occupant may contact to respond to this notice. Owner s notice shall demand payment within a specified time, not less than fourteen (14) days after delivery of the notice. It shall state that, unless the claim is paid, within the time stated in the notice, the personal property will be advertised for public sale to the highest bidder, and will be sold at a public sale to the highest bidder, at a specified time and place. After the expiration of the time given in Owner s notice, Owner shall publish an advertisement of the public sale to the highest bidder, once a week, for two consecutive weeks, in a newspaper ofgeneral circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility, and the number, if any, of the space where the personal property is located, and the name of the Occupant; and the time, place, and manner of the public sale. The public sale to the highest bidder shall take place not sooner than fifteen (15) days after the first publication. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement shall be posted at least ten (I 0) days before the date of the public sale and in not less than six (6) conspicuous places in the neighborhood where the self-service storage facility is located. If no one purchases the property at the public sale and if the Owner has complied with the foregoing procedures, the Owner may otherwise dispose of the property and shall notifY the Occupant of the action taken. Any sale or disposition of the personal property shall be held at the self-service storage facility or at the nearest suitable place to where the personal property is held or stored.

980

GENERAL ACTS AND RESOLUTIONS, VOL. I

Before any sale or other disposition of personal property pursuant to this agreement, the Occupant may pay the amount necessary to satisfy the lien and the reasonable expenses incurred and thereby redeem the personal property and thereafter the Owner shall have no liability to any person with respect to such personal property. A Purchaser in good faith of the personal property sold to satisfy Owner's lien takes the property free of any rights of persons against whom the lien was valid, despite noncompliance by the Owner with the requirements of this agreement. In the event of a sale, the Owner may satisfy his lien from the proceeds of the sale. The Owner shall hold the balance of the proceeds, if any, for the Occupant or any notified secured interest holder. If not claimed within two years of the date of sale, the balance of the proceeds shall be disposed of in accordance with Article 5 of Chapter 12 of Title 44, the 'Disposition of Unclaimed Property Act.' In no event shall the Owner s liability exceed the proceeds ofthe sale.'

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

APPEAL AND ERROR- CIVIL PRACTICE - SUPERSEDEAS BONDS;
FOREIGN JUDGMENT.
No. 778 (Senate Bill No. 411).
AN ACT
To amend Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation ofthe notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the surety s liability as to the bond, so as to change certain provisions relating to the type of security allowed for supersedeas; to provide for global supersedeas for all appeals; to provide for a maximum allowable bond or security for all appellants collectively for supersedeas; to amend Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of a foreign judgment, so as to correct a cross-reference; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2004 SESSION

981

SECTION 1. Code Section 5-6-46 of the Official Code of Georgia Annotated, relating to the operation of the notice of appeal acting as supersedeas bond in civil cases, the requirements of the supersedeas bond including the amount, the procedure where there is an insufficient filing, and the surety s liability as to the bond, is amended by striking the Code section and inserting in lieu thereofthe following:
"5-6-46. (a) In civil cases, the notice of appeal filed as provided in Code Sections 5-6-37 and 5-6-38 shall serve as supersedeas upon payment of all costs in the trial court by the appellant and it shall not be necessary that a supersedeas bond or other form of security be filed; provided, however, that upon motion by the appellee, made in the trial court before or after the appeal is docketed in the appellate court, the trial court shall require that supersedeas bond or other form of security be given with such surety and in such amount as the court may require, conditioned for the satisfaction of the judgment in full, together with costs, interest, and damages for delay if the appeal is found to be frivolous. When the judgment is for the recovery of money not otherwise secured the amount of the bond or other form of security shall be fixed at such sum as will cover the whole amount of the judgment remaining m1satisfied, costs on the appeal, interest, and damages for delay, unless the court after notice and hearing and for good cause shown fixes a lesser amount. When the judgment determines the disposition of the property in controversy as in real actions, trover, and actions to foreclose mortgages and other security instruments, or when such property is in the custody of the sheriff or other levying officer, or when the proceeds of such property or a bond for its value are in the custody or control of the court, the amount of the supersedeas bond or other form ofsecurity shall be fixed at such sum only as will secure the amount recovered for the use and detention of the property, the costs ofthe action, costs on appeal, interest, and damages for delay. (b) Notwithstanding subsection (a) of this Code section, in any civil case under any legal theory, including cases involving individual, aggregated class-action, or otherwise joined clainls, the amount of supersedeas bond or other form of security to be furnished during the pendency of all appeals or discretionary reviews of any judgment granting legal, equitable, or any other form of relief or damages, including compensatory, special, punitive, exemplary, or other damages, in order to stay execution of the judgment during the entire course of appellate review by any court shall be set in accordance with applicable laws or court rules, but the total supersedeas bond or other form of security that is required of all appellants collectively shall not exceed $25 million regardless of the value of the judgment. (c) If supersedeas bond or other form of security is not filed within the time specified by the judge, or if the bond or other form of security filed is found insufficient, a bond or other form of security may be filed at such time as may be fixed by the trial court. (d) By entering into an appeal or supersedeas bond or other form of security given pursuant to this Code section, the surety submits himself or herself to the

982

GENERAL ACTS AND RESOLUTIONS, VOL. I

jurisdiction of the court and irrevocably appoints the clerk of the court as the surety's agent upon whom any papers affecting the surety's liability on the bond may be served. The surety's liability may be enforced on motion without the necessity ofnotice or an independent action. (e) Nothing in this Code section shall deprive the superior courts of their separate power to grant supersedeas under paragraph (I) ofCode Section 15-6-9, nor deprive the appellate courts ofthe power to grant supersedeas in such manner as they may determine to meet the ends ofjustice. (f) If an appellee proves by a preponderance ofthe evidence that a party bringing an appeal, for whom the supersedeas bond or other form of security has been limited pursuant to subsection (b) ofthis Code section, is dissipating or secreting its assets, or diverting assets outside the ordinary course of business to avoid payment of a judgment, a court may require the appellant to post a bond or other form of security in an amount not to exceed the total amount ofthe judgment.

SECTION2. Code Section 9-12-134 of the Official Code of Georgia Annotated, relating to appeal or stay of a foreign judgment, is amended by striking subsection (b) and inserting in lieu thereofthe following:
(b) If the judgment debtor shows the court any ground on which enforcement of a judgment of the court of this state would be stayed, including the ground that an appeal from the foreign judgment is pending or will be taken or that the time for taking such an appeal has not yet expired, the court shall stay enforcement of the foreign judgment for an appropriate period until all available appeals are concluded or the time for taking all appeals has expired and require the same security for satisfaction of the judgment that is required in this state, subject to the provisions of subsections (b) and (f) ofCode Section 5-6-46."
SECTION3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION4. This Act shall apply to any case pending on or filed on or after the effective date of this Act.
SECTIONS. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

GEORGIA LAWS 2004 SESSION

983

LOCAL GOVERNMENT- MUNICIPAL CLERKS; TRAINING; VINSON INSTITUTE.

No. 779 (Senate Bill No. 421 ).

AN ACT

To amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated,
relating to municipal training, so as to eliminate the board of the Harold F. Holtz
Municipal Training Institute; to clarify the training of municipal clerks; 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 45 of Title 36 of the Official Code of Georgia Annotated, relating to municipal training, is amended by striking the entire chapter in its entirety and inserting in lieu thereof a new Chapter 45 to read as follows:

"CHAPTER45 ARTICLE I
36-45-1. This article shall be known and may be cited as the 'Georgia Municipal Training Act.'

36-45-2. The General Assembly finds and declares that it is in the best interests of the citizens of this state to require newly elected members of a municipal governing authority to attend a course of training and education on matters pertaining to the administration and operation of municipal government. The purpose of such course shall be to instruct such individuals in the powers, duties, and responsibilities oftheir positions of public trust.

36-45-3. As used in this article, the term:
(1) 'Institute' means the Harold F. Holtz Municipal Training Institute. (2) 'Municipal governing authority' means the governing authority of a municipal corporation. (3) 'State' means the State of Georgia and any department, board, bureau, commission, or other agency thereof (4) 'Vinson Institute' means the Carl Vinson Institute of Government of the University of Georgia.

984

GENERAL ACTS AND RESOLUTIONS, VOL. I

36-45-4. (a) All persons elected as members of a municipal governing authority who were not serving as members of a municipal governing authority on July 1, 1990, shall enroll in, attend, and satisfactorily complete a course of training and education on matters pertaining to the administration and operations of municipal governments. Such course of training and education shall include, but not be limited to, orientation in local government finance and budgeting; methods of taxation; planning; public works and utilities; parks and recreation; environmental management; public safety; personnel management; responsiveness to the community; the ethics, duties, and responsibilities of members of a municipal governing authority or a chief executive officer; and such other matters as may be deemed necessary and appropriate by the Vinson Institute. (b) All expenses incurred by a newly elected member of a municipal governing authority related to the course of training and education authorized and required by subsection (a) of this Code section, including the reasonable costs ofhousing, travel, and meals, shall be paid from public fi.mds appropriated for such purposes. All expenses not paid for by state fi.mds shall be paid from municipal fi.mds by the municipal governing authority whose newly elected member or members shall attend such course.

36-45-5. (a) There is created and established the Harold F. Holtz Municipal Training Institute. Except as otherwise provided in Code Sections 36-45-4 and 36-45-20, all costs of operating and conducting the institute shall be paid for from public fi.mds appropriated for such purposes. (b) The Vinson Institute shall establish, in consultation with the Georgia Municipal Association, a committee of elected municipal officials to design, implement, and administer the course of training and education required by Code Sections 36-45-4 and 36-45-20. (c) The course of training and education required by Code Sections 36-45-4 and 36-45-20 shall be conducted by the institute under such rules, regulations, procedures, policies, requirements, and standards as prescribed from time to time by the committee established in subsection (b) ofthis Code section. (d) The committee established in subsection (b) of this Code section shall establish guidelines and procedures to permit any person elected or appointed as a member of a municipal governing authority after January 1 of a calendar year or any person who is unable to attend or complete the course of training and education when offered by the institute due to medical disability, providential cause, or any other reason deemed sufficient by such committee, to comply with the requirements of Code Sections 36-45-4 and 36-45-20. (e) The committee established in subsection (b) of this Code section shall perform such other duties and have such other powers and authority as may be necessary and proper or as prescribed by general law.

GEORGIA LAWS 2004 SESSION

985

36-45-9. On or before February 1 of each year, the Vinson Institute shall file a report to the Governor, the chairperson of the Senate State and Local Govennnental Operations Committee, and the chairperson of the House Committee on State Planning and Community Affairs. The report shall include a summary of the accomplishments of the institute during the preceding calendar year, including, but not limited to, the total number of members of a municipal governing authority who attended the course of training and education offered by the institute; an outline of the institute s programs for the current calendar year; an evaluation of the programs and services offered by the institute; and recommendations, if any, for legislation as may be necessary to improve the programs and services offered by the institute.

ARTICLE 2

36-45-20. (a) For purposes of this article, the term 'clerk of the governing authority of a municipality' means an individual holding the office of city clerk pursuant to a municipal charter and who is normally employed in that capacity for 40 hours per week. (b) Any person hired or appointed to serve as the clerk ofthe governing authority of a municipality shall attend and complete a course of training on matters pertaining to the basic performance of his or her official duties. A city official who is an acting city clerk or who carries the dual responsibilities of both city manager and city clerk is exempt from such training. (c) The personnel ofthe Carl Vinson Institute ofGovennnent are authorized to work with the members of the Georgia Municipal Clerks and Finance Officers Association and the Georgia Municipal Association in establishing and operating the training course provided for in subsection (b) ofthis Code section. (d) All reasonable expenses of attending the training course required by this Code section shall be paid from funds appropriated by the municipal governing authority for such purposes.'

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

986

GENERAL ACTS AND RESOLUTIONS~ VOL. I

LAW ENFORCEMENT- PEACE OFFICERS; SEXUAL OFFENSE CASES; FINGERPRINTING; TRAINING REQUIREMENTS.

No. 780 (Senate Bill No. 426).

AN ACT

To amend Code Section 35-1-10 of the Official Code of Georgia Annotated, relating to training in the investigation of family violence incidents, so as to provide for peace officer training in the investigation of sexual offense cases; 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 certain provisions regarding requirements for appointment or certification ofpersons as peace officers; to change certain provisions regarding training requirements for retired peace officers; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Code Section 35-1-10 of the Official Code of Georgia Annotated, relating to training in the investigation of family violence incidents, is amended by striking said Code section in its entirety and inserting in its place the following:
"35-1-10. (a) The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation oftraining materials and information in:
(I) Methods for identifying, combating, and reporting family violence incidents; and (2) Methods for identifying and reporting sexual offenses and assisting victims of sexual offenses. (b) The guidelines and procedures listed in subsection (a) of this Code section shall be for use by law enforcement training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight.

SECTION2. 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 35-8-8, relating to requirements for appointment or certification ofpersons as peace officers, and inserting in its place a new Code Section 35-8-8 to read as follows:
"35-8-8. (a) Any person employed or certified as a peace officer shall:

GEORGIA LAWS 2004 SESSION

987

(I) Be at least 18 years of age; (2) Be a citizen ofthe United States; (3) Have a high school diploma or its recognized equivalent; (4) Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered; (5) Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record; (6) Possess good moral character as determined by investigation under procedure established by the council; (7) Have an oral interview with the hiring authority or its representative to determine the applicant's appearance, background, and ability to communicate; (8) Be found, after examination by a licensed physician or surgeon. to be free from any physical, emotional, or mental conditions which might adversely affect his or her exercising the powers or duties of a peace officer; and (9) Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11. The council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. Peace officers who do not perform satisfactorily on the examination shall be ineligible to retake such examination for a period of six months after an unsuccessful attempt. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for peace officer candidates in this state; each law enforcement unit is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate. (b) Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of this Code section with the exception ofparagraph (7) ofsubsection (a) of this Code section."

SECTION2A. Said chapter is further amended in Code Section 35-8-21, relating to training requirements for peace officers, by striking subsection (f) and inserting in its place a new subsection (f) to read as follows:
'(f) Any person who is registered or certified with the council as a retired peace officer is excused and exempt from compliance with this Code section. A retired peace officer may voluntarily comply with the requirements of this Code section and, in that event, such retired peace officer shall receive such minimal annual

988

GENERAL ACTS AND RESOLUTIONS, VOL. I

training without payment of any fees or costs, but only if sufficient class space is available. Nothing in this subsection shall be deemed to grant an exemption to persons required to complete the annual training requirement of this Code section.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

LAW ENFORCEMENT- PUBUC OFFICERS -CRIMINAL JUSTICE COORDINATING
COUNCIL; ORGANIZED CRIME PREVENTION COUNCIL; EMPLOYEES OF DISTRICT ATTORNEYS.
No. 781 (Senate Bill No. 427).
AN ACT
To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to change a member on the Criminal Justice Coordinating Council from the chairperson of the Georgia Organized Crime Prevention Council to the director of homeland security; to discontinue the Organized Crime Prevention Council; to revise provisions relating to certain insurance for employees of district attorneys; 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 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking paragraph (1) of subsection (a) of Code Section 35-6A-3, relating to membership and vacancies on the Criminal Justice Coordinating Council, and inserting in lieu thereof the following:
"(1) The chairperson of the Georgia Peace Officer Standards and Training Council, the director of homeland security, 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 chairperson 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

GEORGIA LAWS 2004 SESSION

989

Defender Standards Council, the chairperson of the 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 ofthe council by reason oftheir office; and.

SECTION2. Said title is further amended by repealing and reserving Chapter 7, relating to the Organized Crime Prevention Council.

SECTION3. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-9-3, relating to law enforcement personnel serving on temporary assignment, and inserting in lieu thereofthe following:
.45-9-3.
Personnel employed by the district attorneys of the state, irrespective of the source of the funds used to pay such personnel, may be covered by any liability insurance policy or contract ofindemnity, reimbursement, or other like or similar programs administered by the commissioner pursuant to this article and, for the purpose of this article, such personnel employed by a district attorney shall be considered to be state employees. The commissioner of administrative services shall prescribe the terms and conditions under which any liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs administered by the commissioner pursuant to this article shall be made available to personnel employed by a district attorney. The cost of such liability insurance policy or contract of indemnity, reimbursement, or other like or similar programs shall be paid by the Prosecuting Attorneys' Council of the State of Georgia out of such funds as may be appropriated to or otherwise available for the operations ofdistrict attorneys."

SECTION4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 17, 2004.

990

GENERAL ACTS AND RESOLUTIONS, VOL. I

LOCAL GOVERNMENT- CABLE TELEVISION SYSTEMS; RESTRICTIONS;
FRANCHISES; PLANS.

No. 782 (Senate Bill No. 445).

AN ACT

To amend Title 36 of the Official Code of Georgia Annotated, relating to local govenunent, so to provide for exceptions from certain restrictions on cable television systems; to define a certain term; to provide that before a franchising authority authorizes a public provider to deliver cable services, it must notifY each private provider operating in the market; to provide for notification of deficiencies and time for a response; to provide for a corrective plan; to provide for the preparation of a business plan by a proposed public cable provider; to provide for assumptions and specific findings; to provide for the contents of a business plan; to provide for notice and public hearings; to provide for an ordinance or resolution authorizing service by a public cable provider; 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 govenunent, is amended by striking in its entirety Code Section 36-18-5, relating to exceptions from certain restrictions on cable television systems, and inserting in lieu thereof the following:
'36-18-5. This chapter shall not apply to any cable television system owned or operated by a city, a county, or a school system as to operations within the geographical area of such city, county, or school system.

SECTION2. Said title is further amended by striking in its entirety Code Section 36-90-2, relating to definitions related to the "Local Govenunent Cable Fair Competition Act of 1999," and inserting in lieu thereofthe following:
'36-90-2. As used in this chapter, the term:
( 1) 'Authorization' means the official act of a franchising authority to allow a public provider to deliver service. (2) 'Cable service' means:
(A) The one-way transmission to subscribers of (i) video programming or (ii) other programming service; and (B) Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.

GEORGIA LAWS 2004 SESSION

991

(3) 'Capital costs' means all costs of providing a service which are capitalized in accordance with generally accepted governmental accounting principles. (4) 'Cross-subsidization' or 'cross-subsidize' means the payment of any item of direct or indirect costs of providing a service which is not accounted for in the full cost accounting ofproviding the service. (5) 'Direct costs' means those expenses of a public provider which are directly attributable to the provision of a service that would be eliminated if the provision of said service were discontinued. (6) 'FCC' means the Federal Communications Commission. (7) 'Franchising authority' means any governmental entity which is empowered by law to grant a franchise and which is also a public provider. (8) 'Full-cost accounting' means the accounting for all costs incurred by a public provider in providing a service, including all direct and indirect costs, as required by this chapter. In preparation of such accounting, a public provider shall utilize cost accounting standards promulgated by the federal Costs Accounting Standards Board of the federal Office of Management and Budget so as to assure that all direct and indirect costs are included. (9) 'Generally accepted governmental accounting principles' means the accounting standards promulgated from time to time by the Governmental Accounting Standards Board. (10) 'Indirect costs' means any costs identified with two or more services or other public provider fimctions and which are not directly identified with a single service. Indirect costs may include, but are not limited to, administration, accounting, personnel, purchasing, legal, and other staff or departmental support. Indirect costs shall be allocated to two or more services in proportion to the relative burden each respective service places upon the cost category. (11) 'Private provider' means any person, firm, partnership, corporation, or association offering service, other than a public provider. (12) 'Public provider' means any county, municipal corporation, or other political subdivision of the state which provides service; any authority or instrumentality acting on behalf of or for the benefit of any county, municipal corporation, or other political subdivision of the state which provides service; and any authority or instrumentality created by the state which provides service. (13) 'Service' means cable service provided by a private provider or a public provider. ( 14) 'Subscriber' means any private person lawfully receiving any cable service provided by a private or public provider by means of or in connection with a cable system:

SECTION3. Said chapter is further amended by striking in its entirety Code Section 36-90-3, relating to a requirement that public providers conduct a cost benefit analysis and

992

GENERAL ACTS AND RESOLUTIONS, VOL. I

a public hearing prior to the authorization to deliver service, and inserting in lieu thereofthe following:
'36-90-3. (a) Before a franchising authority may begin the authorization process of permitting a public provider to deliver service, the franchising authority must notify each private provider serving the targeted market that the franchising authority intends to begin the process of authorizing a public provider to provide cable service. The notice must state that the private provider is not meeting the present and future needs of the community and shall set forth each such unmet need separately and fully in order that the private provider may reasonably ascertain the scope and nature of the issues identified by the franchising authority. The franchising authority must allow each private provider 30 days to present a plan to address the identified needs not being met, including a reasonable period of time to implement the plan. Neither the notification nor response to the notification provided for in this subsection shall affect the franchise agreement between a private provider and a franchising authority. (b) If the franchising authority does not accept the private provider s plan to address the identified issues submitted as provided in subsection (a) of this Code section, the franchising authority shall then conduct an independent feasibility analysis and require the public provider to prepare a business plan to provide service. Such business plan shall set forth assumptions and specific findings as to:
(1) The cable service market share to be obtained by the public provider over a four-year period; (2) The programming service offerings; (3) Reasonable pr~jections, for a period of at least four years, of the revenue and the direct, indirect, and imputed operating costs ofproviding service; (4) The equipment needed to provide the service; (5) The source and adequacy ofthe total direct and indirect capital to construct and operate the proposed system; (6) The repayment of the debt service, including the length of payback of the principal debt; (7) A cost-benefit analysis that shows a range of assumptions relating to market penetration rates, subscription rates, operating costs, and capital outlay; (8) Assumptions as to programming costs; (9) Assumptions as to actual or potential competition from all other providers; (10) The allocation of costs between the public provider and other municipal operations; and (II) The ability to address the issues cited in the notice to the private providers specified in subsection (a) ofthis Code section. (c) In order for the business plan provided for in subsection (b) of this Code section to be adopted and the process to move forward, the business plan shall include, at a minimum, the following components: (1) The total homes passed, provided that such shall be certified by the appropriate official responsible for municipal tax or census;

GEORGIA lAWS 2004 SESSION

993

(2) Cable service basic penetration, estimated subscribers, and total homes passed, provided that such shall be reflective of the market analysis and not presume a penetration achieved by the fourth year of operation in excess of 40 percent without full independent verification; (3) The overall estimated revenue takeout per home, provided that the same shall not exceed by more than 5 percent the amount being achieved by the private provider as developed from such publicly available information as franchise fee reports; (4) The estimated miles of cable plant, provided that such shall be determined based on an actual survey conducted by public works employees and certified as to method and findings by a responsible supervisor; (5) The average construction cost per cable service subscriber or cable plant mile or both, provided that such shall be based on an estimate provided by an independent supplier; and (6) A definitive plan for the servicing of any capital utilized to fimd the construction and operation ofthe cable system, including a reasonable payback period at an interest rate reflective of the public market and the inherent risks ofthe business. (d) Prior to granting the authorization to the public provider, the franchising authority shall conduct at least two public hearings held at least two weeks apart. The public provider shall publish its business plan in its entirety and provide a complete copy to each private provider at least 30 days before the first public hearing. Such notice shall state that the business plan prepared by the public provider is available for public inspection each business day prior to the authorization and shall state the location where such inspection may be made. Notice of the time, place, and date of each hearing shall be published in a newspaper of general circulation within the jurisdiction of the county or municipality once a week for the two weeks preceding the week in which the hearing is to be held. In addition, the private provider shall be given two weeks written notice ofthe proposed hearing. (e) Any authorization by the franchising authority shall be by passage of an ordinance or resolution and must: (1) Find that the public provider possesses satisfactory financial and technical capability to be a public provider; (2) Set forth the terms and conditions with respect to franchise terms and conditions, conditions of access to public property, and pole attachment; and (3) Adopt the business plan:

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

994

GENERAL ACTS AND RESOLUTIONS, VOL. I

STATE GOVERNMENT- APPROPRIATIONS; S.F.Y. 2004- 2005.

No. 783 (House Bill No. 1181 ). AN ACT

To make and provide appropriations for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005; 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 fur 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 ofmoney hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2004, and ending June 30, 2005, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus and a revenue estimate of $15,237,800,478 (excluding indigent t:rw.t fund receipts, tobacco fund receipts and lottery receipts) for State Fiscal Year 2005.

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

1$ 33,304,450]

$ 18,478,494

$

5,082,855

$

2,632,726

$

85,000

$

1,500

$

0

$

0

$

679,058

$

9,950

$

7,000

$

536,420

$

157,234

$

104,000

$

3,070,527

GEORGIA LAWS 2004 SESSION

995

Contracts - Elected Officials Photography Expense Reimbursement Account
Total Funds Budgeted
State Funds Budgeted Senate Program Budgets

Senate and Research Office

$

U. Governor's Office

$

Secretary ofthe Senate's Office

$

Senate Budget Office

$

Total

~

House Program Budgets

House of Representatives and Research

Office

$

Speaker ofthe House's Office

$

Clerk ofthe House's Office

$

Total

~

Joint Program Budgets

Legislative Counsel's Office

$

Legislative Fiscal Office

$

Legislative Budget Office

$

Ancillary Activities

$

Budgetary Responsibility Oversight

Committee

$

Total

~

$ $ $ $ $
Total Funds 5,922,559 $ 862,898 $ 1,175,715 $ 569,599 $ 8,530,7711 $
Total Funds
12,823,015 $ 442,050 $
1,550,789 $ 14,815,8541 $
Total Funds 2,880,036 $ 2,146,193 $ 1,241,785 $ 3,241,223 $
448,588 $ 9,957,8251$

712,686 95,000
1,652,000 33,304,450 33,304,450
State Funds 5,922,559 862,898 1,175,715 569,599 8,530,7711
State Funds
12,823,015 442,050
1,550,789 14,815,8541
State Funds 2,880,036 2,146,193 1,241,785 3,241,223
448,588 9,957,8251

For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the

996

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 ofthe Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation ofany 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 Connnittee 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 Vchicle Purchases Equipment Real Estate Rentals Per Diem and Fees Contracts Computer Charges Telecommunications
Total Funds Budgeted
State Funds Budgeted

Is 28,443,4661

$ 24,456,416

$ 849,490

$ 400,000

$

0

$

20,000

$ 1,106,000

$ 176,000

$

0

$ 1,113,500

$ 322,060

$ 28,443,466

$ 28,443,466

GEORGIA l.AWS 2004 SESSION

997

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 Payment to Georgia Public Defender Standards Council Computerized Information Network
Total Funds Budgeted
State Funds Budgeted
Judicial Branch Functional Budgets

Supreme Court

$

Court of Appeals

$

Superior Court - Judges

$

Superior Court - District Attorneys

$

Council of Juvenile Court Judges

$

Institute ofContinuing Judicial Education $

Judicial Council

$

Judicial Qualifications Commission

$

Georgia Public Defender Standards Council$

Georgia Courts Automation Commission $

Georgia Office Of Dispute Resolution

$

Council of Superior Court Clerks

$

Total

~

1$ $ $ $ $ $ $
$ $ $
$
Total Funds 7,328,705 $ 11,611,021 $
48,131,872 $ 44,881,447 $
1,372,096 $ 1,078,182 $ 16,197,311 $
247,137 $ 23,290,000 $
0$ 344,056 $ 144,925 $ 154,626,7521 $

151,569,7061 16,166,182
106,609,755 5,397,197 2,218,693 144,925 800,000
23,290,000 0
154,626,752
151,569,706
State Funds 7,328,705 11,521,021
48,131,872 43,114,401
1,372,096 1,078,182 16,197,311
247,137 22,090,000
0 344,056 144,925 151,569,7061

Section 4. Department of Administrative Services. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment SelfInsurance Trust Fund Computer Charges Real Estate Rentals

1$ 28,629,5731

$ 18,644,342

$

2,740,194

$

293,660

$

20,418

$

125,582

$ 132,900,000

$

2,699,150

$

1,129,002

998

GENERAL ACTS AND RESOLUTIONS, VOL. I

Telecommwrications 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 GolfHall of Fame Alternative Fuels Grant Payments to Georgia Technology Authority Removal ofHazardous Waste
Total Funds Budgeted
State Funds Budgeted
Departmental Program Budgets

Administration

$

Risk Management

$

State Purchasing

$

Fleet Management

$

Space Management

$

Surplus Property

$

Mail and Courier

$

US Post Office

$

Service Contract Management

$

Small and Minority Business Development $

Bulk Paper Sales

$

Fiscal Services

$

Administrative Hearings

$

State Properties Commission

$

Office ofTreasury and Fiscal Services

$

Total

~

$ $ $ $
$
$ $ $ $ $ $ $ $ $ $
$
Total Funds 2,709,661 $
137,786,977 $ 3,897,072 $ 2,277,547 $ 467,103 $ 2,628,884 $ 1,340,646 $ 274,188 $ 136,746 $ 1,062,422 $ 2,765,202 $ 16,437,169 $ 4,299,014 $ 554,541 $ 2,706,612 $
179,343,7841 $

393,740 702,436 283,435
0
0
612,556 3,245,600
0 30,473 35,590 60,500
0 15,339,112
87,994 179,343,784
28,629,573
State Funds 1,454,134 0 3,585,393 461,123 467,103 75,153 45,462 128,720 0 1,062,422 609,691
16,158,292 3,697,706
554,541 329,833 28,629,573]

Section 5. De~artment of Agriculture. State Funds Personal Services Regular Operating Expenses Travel

Is 35,767,543]

$ 31,761,144

$

3,850,488

$

1,043,708

GEORGIA LAWS 2004 SESSION

999

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

Consumer Protection

$

Marketing and Promotion

$

Administration

$

Total

~

$ $ $ $ $ $ $ $
$
$ $ $ $
$ $
$ $ $ $
Total Funds 33,827,776 $
8,632,445 $ 5,991,741 $ 48,451,9621 $

0 291,598 664,341 1,188,343 363,509
33,500 1,341,998
566,619
3,189,678
2,889,986 142,000 10,000 425,000
653,000 0
37,050 0
48,451,962 35,767,543
State Funds 25,865,994
5,059,264 4,842,285 35,767,5431

Section 6. DeRartment of Banking and Finance. State Funds
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals

1$ 9,850,5581

$

8,409,096

$

269,025

$

308,557

$

0

$

2,347

$

170,978

$

565,436

1000

GENERAL ACTS AND RESOLUTIONS, VOL. I

Teleconununications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted Departmental Program Budgets

Financial Institution Supervision

$

Mortgage Supervision

$

Chartering, Licensing and Applications/

Non-Mortgage Entities

$

Conswner Assistance and Protection

$

Administration

$

Total

~

$ $ $ $
$
Total Funds 5,739,215 $ 1,739,522 $
310,216 $ 384,213 $ 1,677,392 $ 9,850,5581 $

113,120 11,999 0
9,850,558
9,850,558
State Funds 5,739,215 1,739,522
310,216 384,213 1,677,392 9,850,558J

Section 7. Deuartment of Community Affairs. State Funds
Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals T eleconununications Per Diem and Fees Contracts Contracts for Regional Planning and Development Local Assistance Grants Appalachian Regional Commission Assessment HUD - Conununity Development Block Pass thruGrants Conununity Service Grants Home Program Local Development Fund Payment to State Housing Trust Fund Regional Economic Business Assistance Grants- GHFA Regional Economic Development Grants

$ 26,813,800

$ 47,123,333

$ 22,799,857

$

1,923,412

$

668,662

$

0

$

166,022

$

573,436

$

1,483,541

$

522,658

$

966,363

$

514,025

$

1,779,593

$

302,500

$

163,000

$ 30,000,000

$

5,000,000

$

3,122,606

$

0

$

2,778,750

$

2,667,600

$

0

GEORGIA lAWS 2004 SESSION

1001

Contracts for Homeless Assistance

$

1,250,000

HUD Section 8 Rental Assistance

$ 50,000,000

GHFA- Gerogia Cities FoWldation

$

694,687

Georgia Leadership Infrastructure

hwestment FWld

$

0

Quality Growth Program

$

0

Payment to Georgia Environmental Facilities

Authority

$

275,000

Payments to Georgia Sports Hall of Fame

$

702,761

Georgia Regional Transportation Authority

$

4,503,574

One Georgia

$ 47,123,333

Total Funds Budgeted Tobacco Funds Budgeted
State Funds Budgeted

Is 179,981,380 1 s 47,123,333 Is 26,813,8oo 1

Departmental Program Budgets

Total Funds

State Funds

Administration

$

4,350,437 $

1,591,403

Homeownership Programs

$

3,915,171 $

0

Rental Housing Programs

$ 62,009,009 $

3,122,263

Special Housing Initiatives

$

5,444,303 $

2,778,408

Building Construction

$

555,896 $

369,507

Coordinated Planning

$

3,001,337 $

3,001,337

Federal Community and Economic

Development Programs

$ 37,816,017 $

859,227

State Economic Development Programs $

3,813,773 $

3,786,040

State Community Development Programs $

1,374,069 $

1,374,069

Georgia Music Hall of Fame

$

1,215,409 $

740,595

Environmental Education and Assistance $

567,226 $

567,226

Regional Services

$

1,952,794 $

1,952,794

Data and Research

$

645,869 $

645,869

Pass - Thru

$

715,402 $

715,402

Georgia Environmental Facilities Authority $

275,000 $

275,000

Georgia Sports Hall of Fame

$

Georgia Regional Transportation Authority $

702,761 $ 4,503,574 $

702,761 4,331,899

OneGeorgia Total

$~~47~,12~3,~333~~$ --47~,1~23~,33~3
~b-.,=1~7,9..,9,.8.1,,;3-8..0b1..s=-~....7;3.,.9.3.7..,1..3.3,1~

Section 8. Department of Community Health. A. Budget Unit: State Funds- Medicaid
Services Tobacco Funds Personal Services

s 1,905,405,703 s 53,116,681 $ 32,590,301

1002

GENERAL ACTS AND RESOLUTIONS, VOL. I

Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts HMO Contracts Medicaid Benefits, Penalties and

$

8,596,198

$

288,188

$

0

$

76,291

$ 92,704,195

$

1,793,945

$

895,502

$

1,350,873

$ 107,305,104

$ 285,327,050

Disallowances Audit Contracts Special Purpose Contracts Purchase of Service Contracts

$ 5,628,844,700

$

1,097,500

$

0

$

183,244

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 ofMedicine Grant Morehouse School ofMedicine Grant SREB Payments Pediatric Residency Capitation Preventive Medicine Capitation

$

544,826

$ 1,009,000,000

$

50,511

$

300,757

$

728,000

$

3,646,792

$

1,941,782

$

0

$

3,428,706

$ 17,960,862

$ 10,141,628

$

401,225

$

418,046

$

105,780

Total Funds Budgeted

1$ 7,2o9,722,oo6]

Tobacco Funds Budgeted

$ 53,116,681

State Funds Budgeted

1$ t,9o5,4o5,7o3J

Departmental Program Budgets
Medicaid State Health Benefit Plan Health Care Regulation and Licensing Health Care Access and Improvement Health Care Workforce Planning and Development Administration State Medical Education Board

Total Funds

State Funds

$ 5,815,810,124 $ 1,869,456,617

$ 1,326,099,781 $ 33,956,708

$

3,765,020 $

3,448,324

$

3,754,513 $

3,110,623

$

0$

$ 20,411,730 $

$ 1,306,564 $

0 8,667,464 1,308,374

GEORGIA LAWS 2004 SESSION

1003

Georgia Board for Physician Workforce Total

$ 38,574,274 $ 38,574,274 ~ 7,209,722,0061 $ 1,958,522,3841

B. Budget Unit: State Funds - Indigent Care Trust Fund
Per Diem and Fees Contracts Benefits Payments to Nursing Homes
Total Funds Budgeted
Other Funds Federal Funds State Funds Budgeted

1$ 109,857,4251

$

0

$

8,200,000

$ 360,067,504

$ 272,608,762

1$ 640,876,2661

$ 148,828,880

$ 382,189,961

1$ 109,857,4251

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
Total Funds Budgeted
Tobacco Funds Budgeted State Funds Budgeted
Section 9. De~artment of Corrections. State Funds - Administration, Institutions
and Probation Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges

$ 74,755,459

$ 4,970,705

$

364,258

$

165,254

$

45,000

$

0

$

0

$

0

$

0

$

0

$

0

$ 10,304,101

$ 270,035,204 1$ 280,913,8171 $ 4,970,705 1$ 74,755,4591

1$ 882,663,9751

$ 526,999,174

$ 59,424,052

$

1,724,100

$

808,690

$

2,727,944

$ 5,244,035

1004

GENERAL ACTS AND RESOLUTIONS1 VOL. I

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 fur Meals

Inmate Release Fund Health Services Purchases University ofGeorgia- College of Veterinary Medicine Contracts Minor Construction Fund

Total Funds Budgeted

Indirect DOAS Funding

State Funds Budgeted

Departmental Program Budgets

Administration

$

State Prisons

$

Probation Supervision

$

Health

$

Food and Farm Operations

$

Offender Management

$

Private Prisons

$

Transition Centers

$

Probation Detention Centers

$

Parole Revocation Centers

$

Probation Diversion Centers

$

Bainbridge PSATC

$

Probation Boot Camps

$

Total

~

$ $ $ $ $ $ $ $ $ $ $
$
$ $ $ $
$ $
Is s Is
Total Funds 54,340,529 $ 408,483,615 $ 79,679,867 $ 21,015,149 $ 41,957,838 $ 4,044,393 $
5,171,135 $ 50,769,536 $ 13,961,949 $ 146,050,808 $ 63,219,355 $ 16,006,917 $
3,256,960 $
907,832,1191 s

7,690,886 6,891,485
67,637 82,584,622
0 27,032,847
1,300,000 37,726,400
6,450,000 0 0
4,268,025
1,627,150 577,160
1,450,000 132,787,968
449,944 0
907,832,1191 450,000
882,663,9751 State Funds 53,890,529 398,950,492 79,679,867 21,015,149 39,401,179
3,985,461 4,829,603 50,769,536 13,389,494 137,586,599 63,219,355 12,826,083 3,246,560 882,663,975]

GEORGIA LAWS 2004 SESSION

1005

Section 10. Department of Defense. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals TelecommlUlications Per Diem and Fees Contracts Capital Outlay Capital Leases
Total Funds Budgeted
State Funds Budgeted
Departmental Program Budgets

Readiness

$

Civil Support

$

Facilities

$

Administration

$

Total

~

$ $ $ $ $ $ $ $ $ $ $ $ $
$
Total Funds 462,902 $
7,767,361 $ 32,994,959 $
2,316,764 $ 43,541,9861 $

7,4o7,o7s I
17,567,073 23,102,725
90,875 0
52,800 68,625 43,211 1,020,852 1,341,895 244,000
0 9,930 43,541,986
7,407,075
State Funds 462,902
2,956,475 1,908,817 2,078,881 7,407,0751

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 TelecommlUlications Utilities Capital Outlay

$ 5,933,991,990

$

0

$ 39,981,283

$

5,963,997

$

914,522

$

0

$

174,190

$

1,135,404

$

2,356,360

$ 21,534,798

$

8,777,390

$

802,780

$

772,896

$

0

I 006

GENERAL ACTS AND RESOLUTIONS, VOL. I

QBE Formula Grants: Kindergarten/Grades I - 3 Grades 4-8 Grades 9- I2 Limited English-Speaking Students Program Alternative Programs Vocational Education Laboratories Special Education Gifted Remedial Education Additional Instruction StaffDevelopment 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 andH.B. 1321) Title VI-A State Assessment Progran1s Tuition for the Multi-Handicapped PSAT School Lunch (Federal) Joint Evening Programs Education ofHomeless Children!Youth Pay for Performance Pre-School Handicapped Program

$ 1,707,110,524 $ I,564,815,699 $ 765,460,363 $ 70,492,962 $ 70,537,965 $ 202,846,67I $ 796,138,993 $ 192,300,693 $ 22,033,782 $ 47,742,553

$ 31,135,509

$ I49, I98,288

$ 922,876,443

$ 15I ,866,803

$ (1,264,596,078)

$

0

$ 85,296,749

$ 34I,006,547

$

6,352,443

$

826,722

$

375,000

$

3,811,974

$

7,329,561

$ 43,268,748

$ 16,909,425

$

0

$ 309,883,868

$

6,106,270

$ 191,495,397

$

5,508,750

$

0

$

1,658,859

$

719,129

$ 188,375,722

$

0

$

1,448,5I7

$

2,667,165

$ 23,50I,959

GEORGIA lAWS 2004 SESSION
Mentor Teachers Enviromnental Science Grants Advanced Placement Exams Serve America Program Title IV-A 1, Safe and Drug Free Schools School Lunch (State) Charter Schools Refugee School hnpact Title V, Innovative Programs State and Local Education hnprovement Health Insurance - Non-Cert. Personnel and Retired Teachers 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 hnprovement Teams Communities in Schools Georgia Learning Connection Knowledge is Power Program Postsecondary Options Title I-B Reading First Title I-C Migrant Education (Federal) Title I-D Neglected and Delinquent Title II-A hnproving Teacher Quality Title 11-D Enhancing Education Thru Technology Title ID-A English Language Title IV-B 21st Century Communication Title VI-B Rural and Low-Income .

1007

$

1,099,132

$

0

$

1,608,000

$

150,000

$ 10,567,629

$ 35,221,838

$

7,271,436

$

639,390

$

9,389,202

$

0

$ 107,826,070

$

0

$

267,535

$ 11,183,730

$ 63,640,359

$

3,321,742

$

3,556,873

$

1,180,500

$

8,478,748

$

250,000

$ 10,403,035

$

0

$

5,361,125

$

0

$ 30,000,000

$ 50,365,172

$ 11,125,646

$

3,644,339

$ 11,636,228

$

1,320,623

$

0

$

0

$

0

$

0

$

8,548,626

$

2,000,255

$ 72,520,695

$ 17,712,888

$

6,786,358

$

8,691,764

$

6,941,585

I 008

GENERAL ACTS AND RESOLUTIONS, VOL. I

Temporary QBE Reduction

$ (332,835, 102)

Austerity Adjustments Total Funds Budgeted

$

0

Is 6,928,793,0161

Indirect DOAS Services Funding

$

0

Tobacco Funds Budgeted State Funds Budgeted

$

0

s1 5,933,991,9901

Departmental Program Budgets

Total Funds

State Funds

Central Office

$ 10,151,452 $

8,474,000

School Improvement

$ 43,601,732 $ 16,606,143

Curriculwn

$ 58,469,626 $ 36,798,032

Testing

$ 23,244,188 $ 13,854,985

Special Education

$ 313,314,535 $ 106,308,665

Limited English Proficient

$ 6,786,358 $

0

Staff Development

$ 84,303,932 $ 11,779,236

CoreK-12

$ 5,746,221,031 $ 5,381,976,471

Remedial Education

$

0$

0

Alternative Education

$ 3,320,878 $

1,320,623

Student Excellence

$ 2,575,063 $

1,394,563

Technology Career Education

$ 49,832,847 $ 16,354,486

Agriculture Education

$

8,497,005 $

7,452,635

Transportation and Facilities

$ 257,795,334 $ 35,472,212

Health and Nutrition

$ 152,414,635 $ 152,414,635

Facilities Services

$

1,434,728 $

1,125,944

Data Collection and Technology Services $ 15,908,734 $ 12,462,935

School Leadership

$

5,361,125 $

5,361,125

RES As

$ 11,183,730 $ 11,183,730

Pass Through Funds State Schools Total

$ 134,376,083 $ 113,651,570

$

0$

0

~ 6,928,793,0161 $ 5,933,991,9901

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 Ouday Learning Logic Sites

[$

u)

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

GEORGIA LAWS 2004 SESSION

1009

Student Information System Total Funds Budgeted
Lottery Funds Budgeted

$

0

I~ ~I

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 Telecommwrications Utilities Capital Outlay Federal Programs Standards ofCare
Total Funds Budgeted
Lottery Funds Budgeted
State Funds Budgeted

Is I 1,062,815

$ 263,830,987

$

2,168,985

$

4,909,478

$

1,063,917

$

29,783

$

43,283

$

0

$

0

$

0

$

5,000

$

0

$

3,000

$

10,007

$

0

$

0

$ 88,195,529

$

700,000

Is 360,959,9691 s 270,909,450

Is 1,062,8151

Section 12. Emulo:yees' Retirement System. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwrications Per Diem and Fees Contracts

Is

617,0001

$

3,697,925

$

724,190

$

29,000

$

0

$

12,450

$

1,269,710

$

561,189

$

94,015

$

1,090,999

$

3,500,000

1010

GENERAL ACTS AND RESOLUTIONS, VOL. I

Benefits to Retirees Total Funds Budgeted
State Funds Budgeted

$

617,000

$ 11,596,478

$

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 Capital Outlay
Total Funds Budgeted
State Funds Budgeted
Departmental Program Budgets

Reforestation

$

Forest Protection

$

Forest Management

$

Administration

$

Total

~

1$ $ $ $ $ $ $ $ $ $ $ $
$ $ $
$
Total Funds 2,006,374 $
28,735,451 $ 3,916,763 $ 3,147,932 $
37,8o6,52o 1$

31,541,2631 27,694,557
5,526,404 Ill ,311 894,579
1,927,651 357,000 II ,518 687,240 9,500 498,260 88,500
0 0 37,806,520
31,541,263
State Funds (34,617)
25,858,840 2,737,263 2,979,777
31,541,2631

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

1$ 57,618,1041

$ 46,369,258

$

5,515,403

$

383,950

$

233,921

$

198,636

$

398,200

$

512,904

$

1,094,547

$

1,975,955

$

2,360,359

GEORGIA l.AWS 2004 SESSION

IOII

Evidence Purchased Capital Outlay Crime Victims Assistance Program Criminal Justice Grants
Total Funds Budgeted

$

288,667

$

0

$

4,000,000

$ 27,783,37I

$ 91,115,171

State Funds Budgeted

$ 57,618,104

Departmental Program Budgets

Total Funds State Funds

Centralized Scientific Services

$ I0,946, I49 $ I 0,946, I49

Regional Forensic Services

$

6,985,I22 $

6,985,I22

Criminal Justice Information Services

$ 10,02I,496 $ I0,02I,496

Regional Investigative Services

$ I9,647,8I7 $ I9,647,817

Special Operations Unit

$

675,326 $

675,326

State Health Care Fraud Unit

$

1,079,429 $

1,079,429

Georgia Information Sharing Analysis Center$

769,091 $

769,091

TaskForces

$

1,144,097 $

1,144,097

Fugitive Squads

$

0$

0

D.A.R.E.

$

0$

0

Criminal Justice Coordinating Council

$ 33,803,20I $

306,134

Administration

$

6,043,443 $

6,043,443

Total~'""-~9~1,~11:-=5~,1~71,.....1-=-s--=5:=7,:..;,.61~8~,1-=-o4~1

Section 15. Office ofthe 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 ofOperations Mansion Allowance Governor's Emergency Fund Intern Program Expenses Art Grants of State Funds Art Grants ofNon-State Funds Humanities Grant - State Funds Art Acquisitions - State Funds

Is 36,065,8651

$ 20,217,905

$

1,44I,692

$

338,068

$

0

$

54,9II

$

4I7,968

$

I,145,89I

$

490,440

$

I,349,833

$

3,402,900

$

4,217,745

$

40,000

$

3,86I,681

$

358,595

$

3,374,509

$

274,194

$

254,499

$

0

1012

GENERAL ACTS AND RESOLUTIONS, VOL. I

Grants to Local Systems

$

Grants - Local EMA

$

Grants - Other

$

Grants - Civil Air Patrol

$

Registrations

$

Troops to Teachers

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Program Budgets

Total Funds

Governor's Office

$ 8,478,021 $

Georgia Commission on Equal Opportunity $

1,087,931 $

Office ofPlanning and Budget

Budget Management and Fiscal Policy $ 3,027,672 $

Planning and Evaluation

$ 1,119,842 $

Research and Management Attached Agency Administration

$ 2,068,747 $ $ 1,882,464 $

Georgia Council for the Arts

$ 4,718,327 $

Office ofConsumer Affairs

$ 3,776,809 $

Office ofChild Advocate

$

699,346 $

Professional Standards Commission

$ 6,252,784 $

Georgia Emergency Management Agency $ 6,444,700 $

Office ofEducation Accountability

$ 1,381,488 $

Office ofthe Inspector General

$

883,841 $

Office ofHomeland Security Total

$

672,789 $

~ 42,494,7611 $

0 1,085,000
0 57,000
0 111,930 42,494,761
36,065,865
State Funds 8,478,021 700,714
3,027,672 1,119,842 2,068,747 1,882,464 4,054,234 3,209,120
699,346 6,140,854 2,012,733 1,115,488
883,841 672,789 36,065,865J

Section 16. Department of Human Resources. State Funds
Tobacco Funds Brain and Spinal Trust Fund Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Utilities

$ 1,318,257,565

$ 44,766,104

$ 3,000,000

$ 449,212,927

$ 86,257,542

$

4,777,609

$

200,000

$

914,132

$ 57,048,832

$ 12,227,112

$ 17,779,930

$ 13,261,319

$ 50,897,104

$

9,483,001

GEORGIA lAWS 2004 SESSION

1013

Postage

$ 4,692,271

Mental Health Operating Expenses

$ 58,032,348

Service Benefits for Children

$ 472,949,597

Purchase of Service Contracts

$ 139,548,228

Payments to DCH-Medicaid Benefits

$ 38,527,677

Grants to Collllty DFCS - Operations

$ 384,539,915

Special Purpose Contracts

$

7,586,714

Grant-In-Aid to ColUlties

$ 149,888,851

Medical Benefits

$

6,138,072

Case Services

$

0

Children's Trust Flllld

$

7,261,544

Cash Benefits

$ 129,303,498

Major Maintenance and Construction

$

2,154,607

Commllllity Services

$ 469,801,161

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

$

2,750,840

IS 2,575,234,8311

s 5,620,100

s 44,766,104

s 3,000,000

State Funds Budgeted

Is 1,318,257,5651

Departmental Progrm Budgets

Total Funds

State Funds

Child Support Establishment, Collection and

Enforcement

$ 68,500,117 $ 15,442,682

Commllllity Care Services Program

$ 57,829,503 $ 48,199,702

Contracted Client Transportation Services $ 20,109,807 $

4,018,300

Elder Abuse and Fraud Prevention

$

100,133 $

4,744

Fatherhood Initiative

$

120,000 $

0

Health Promotion and Disease Prevention

(Wellness)

$

480,015 $

0

Home and Commllllity Based Services Program

$ 42,995,814 $ 19,514,918

Post Adoption Services

$

2,808,630 $

1,868,226

Pre-Adoption Services

$

5,374,713 $

3,502,357

Regulatory Compliance

$ 33,960,882 $ 24,547,591

ColUlcil on Aging

$

146,462 $

146,462

Brain and Spinal Injury Trust Flllld Authority$

2,999,515 $

2,999,515

Governor's Collllcil on Developmental

Disabilities

$ 2,271,780 $

24,040

Family Connection Partnership

$

9,477,555 $

9,202,555

Adolescent Health and Youth Development $ 15,590,767 $

3,582,506

Cancer Screening and Prevention

$

6,321,880 $

6,321,880

Children with Special Needs

$ 31,139,106 $ 21,072,502

1014

GENERAL ACTS AND RESOLUTIONS, VOL. I

Chronic Disease Reduction-Health

Promotion

$

Chronic Disease Treatment and Control $

Emergency Preparedness/Bioterrorism

$

Epidemiology

$

High Risk Pregnant Women and Infants $

HIV/AIDS

$

Innnunization

$

Infant and Child Health Services

$

Injury Prevention

$

Laboratory Services

$

Refugee Health Program

$

Sexually Transmitted Diseases Treatment

and Control

$

Tobacco Use Prevention

$

Tuberculosis Treatment and Control

$

Vital Records

$

Women, Infants and Children-Nutrition

(WIC)

$

Women's Health Services

$

Adoption Services and Supplements

$

Adult Protective Services

$

ChildCare

$

Child Protective Services

$

Energy Assistance

$

Family Violence Services

$

Food Stamp Program

$

Independent and Transitional Living Services$

Medicaid Eligibility Determination

$

Out of Home Care

$

Support for Needy Families

$

Refugee Resettlement

$

Children's Trust Fund Commission

$

Child Fatality Review Panel

$

Employment Services-MH/DD/AD

$

Community Services-Adult

$

Community Services-Child and Adolescent $

Outdoor Therapeutic Program

$

State Hospital Facilities

$

State Hospital Facilities-Other Care

$

State Hospital Facilities-Special Care

$

Substance Abuse Prevention

$

TANF Services-MHIDD/AD

$

1,515,586 $ 9,239,598 $ 2,566,602 $ 4,880,207 $ 5,020,145 $ 24,112,094 $ 17,452,300 $ 20,508,918 $
255,988 $ 7,788,526 $ 4,227,866 $
6,498,192 $ 11,395,905 $ 8,842,446 $ 2,211,602 $
84,897,605 $ 29,655,069 $ 49,586,921 $ 12,858,776 $ 194,695,467 $ 135,079,518 $
9,912,292 $ 4,440,181 $ 64,989,558 $ 4,425,484 $ 57,343,471 $ 277,164,397 $ 225,196,595 $ 3,678,203 $ 6,929,818 $
331,348 $ 28,043,220 $ 348,376,092 $ 87,885,279 $
4,172,448 $ 134,952,705 $ 163,692,961 $ 21,053,413 $
10,612,071 $ 11,630,578 $

1,515,586 8,028,721 2,566,602 4,520,967 4,890,145 17,250,377 8,782,878 14,638,851
143,983 7,518,526 4,111,722
4,222,605 11,395,905 7,243,485
1,930,820
(59,358) 9,421,276 27,767,411 5,086,548 57,565,799 55,434,993
735,037 4,156,117 22,813,047
590,731 25,483,391 147,091,469 77,366,547
496,416 6,929,818
331,348 22,936,715 282,383,949 71,924,076
3,231,756 112,206,085 68,377,861
13,499,886 496,265 (113,422)

GEORGIA lAWS 2004 SESSION

1015

Administration Total

$ 176,888,707 $ 90,660,755 ~ 2,575,234,8311 $ 1,366,023,6691

Section 17. De11artment oflndustrv, 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

$

Total Funds Budgeted

1$

Tobacco Funds Budgeted

$

State Funds Budgeted

Is

Departmental Program Budgets

Total Funds

Administration

$ 4,184,545 $

Recruitment, Expansion and Retention

$ 4,541,337 $

Tourism Sales

$ 2,295,581 $

Tourism Marketing and Promotion

$ 6,299,459 $

Regional Existing Business/

Entrepreneurial Development

$

1,929,226 $

International Trade Development and Special

Projects

$

1,080,295 $

Export Assistance/Statewide Outreach

$ 1,086,574 $

Office of Science and Technology Business

Development

$

1,551,526 $

25,812,690 0
12,203,194 1,228,173 564,656 0 15,597 376,336 793,884 402,305 30,000 959,044 238,070 8,952,681 0 0 48,750 0 0 0 0
1 25,812,690
0
1 25,812,690
State Funds 4,184,545 4,541,337 2,295,581 6,299,459
1,929,226
1,080,295 1,086,574
1,551,526

1016

GENERAL ACTS AND RESOLUTIONS, VOL. I

Product Development Commwrication, Policy and Research Development Film, Music and Video International Protocol Total

$

753,931 $

753,931

$

195,978 $

195,978

$

899,378 $

899,378

$

994,860 $

994,860

1s ~ 25,812,690

25,812,6901

Section 18. Department of Insurance.

State Funds

Is

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommwrications

$

Per Diem and Fees

$

Contracts

$

Health Care Utilization Review

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Program Budgets

Total Funds

Administration Insurance Regulation Industrial Loan Fire Safety EnfOrcement Special Fraud Total

$ 2,044,622 $

$ 5,257,910 $

$

470,001 $

$ 5,469,913 $

$

713,465 $

$ 2,653,761 $ ~ 16,609,6721 $

15,573,172J 14,146,115
702,947 383,030
80,176 20,000 223,000 622,028 346,334 86,042
0 0 16,609,672
15,573,172
State Funds 2,044,622 5,257,910 470,001 4,433,413 713,465 2,653,761 15,573,172J

Section 19. Department of Juvenile Justice. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwrications

Is 265,188,338]

$ 157,647,697

$ 14,431,963

$

2,152,240

$

258,110

$

767,835

$

3,559,344

$

4,194,319

$

2,229,047

GEORGIA LAWS 2004 SESSION

1017

Per Diem and Fees Contracts Utilities Institutional Repairs and Maintenance Grants to Collllty-Owned Detention Centers Service Benefits for Children Purchase of Service Contracts Capital Outlay Juvenile Justice Reserve Children and Youth Grants Juvenile Justice Grants
Total Funds Budgeted

$

4,006,822

$

5,348,093

$

3,091,646

$

360,000

$

0

$ 85,956,308

$

0

$

0

$

0

$

200,000

$

1,532,150

$ 285,735,574

State Funds Budgeted

$ 265,188,338

Departmental Program Budgets
Administration CommunitySupervision Non-Secure Detention Non-SecureCommitment SecureDetention(RYDC's) SecureCommitment(YDC's) Children and Youth Coordinating ColUlcil Total

Total Funds

State Funds

$ 22,516,770 $ 22,516,770

$ 37,676,866 $ 33,378,578

$

9,416,395 $

9,416,395

$ 52,633,237 $ 42,975,694

$ 79,108,502 $ 77,515,969

$ 81,867,380 $ 78,606,508

~$-~2~,=5,...,16,.:.,4=-=2,...,4~$-~~77,8:,-<-,4=2=-=4,...,
~...~~2_8..,;5,=73=5.;..,5_74..!,1_s_2=6=5,;,.18_8.;..,3_38...~l

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 Per Diem and Fees Contracts

12,336,4251

$ 84,168,319

$

7,334,142

$

1,464,753

$

34,858

$

564,838

$

2,687,138

$

2,817,585

$

1,888,650

$

2,757,642

$

1,496,138

1018

GENERAL ACTS AND RESOLUTIONS, VOL. I

Payments to State Treaslll)' WIA Contracts
Total Funds Budgeted
State Funds Budgeted Departmental Program Budgets

Unemployment Services

$

Workforce Development

$

Safety Inspections

$

Labor Market Information

$

Commission On Women

$

Administration

$

Total

~

$ $ $
$
Total Funds 44,955,346 $ 96,168,104 $
2,680,417 $ 2,858,621 $
93,172 $ 14,245,881 $ 161,001,5411 $

1,287,478 54,500,000 161,001,541
12,336,425
State Funds 4,395,448 2,972,107 1,256,085 301,818 93,172 3,317,795
12,336,4251

B. Budget Unit: State Funds - Division of Rehabilitation
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommunications Per Diem and Fees Contracts Major Maintenance and Construction Special Purpose Contracts Purchase of Service Contracts Case Services
Total Funds Budgeted
Indirect DOAS Services Funding State Funds Budgeted
Divisional Program Budgets

Vocational Rehabilitation

$

Business Enterprises

$

Disability Adjudication Services

$

Georgia Industries for the Blind

$

Roosevelt Warm Springs Institute

$

Administration

$

Total

~

1$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
1$ $
1$
Total Funds 84,210,249 $
1,628,106 $ 54,830,421 $ 11,776,668 $ 29,902,653 $
3,908,458 $ 186,256,5551 $

26,589,4141 90,956,390 14,030,595
2,003,222 39,095
1,085,790 2,573,235 6,022,313 2,938,642 7,314,026 4,426,781
255,000 1,145,188 12,162,087 41,304,191 186,256,555]
150,000 26,589,4141
State Funds 16,696,086
335,841 0
677,293 6,449,382 2,430,812 26,589,414]

GEORGIA lAWS 2004 SESSION

1019

Section 21. Deuartment 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
Total Funds Budgeted
State Funds Budgeted

~

13,229,06i!J

$ 13,406,438

$

705,564

$

181,781

$

0

$

0

$

299,269

$

831,689

$

149,907

$ 19,350,000

$

0

$

100,000

$

0

$ 35,024,648

$ 13,229,060

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
Departmental Program Budgets

Workforce Development

$

Total Compensation and Rewards

$

Recruitment and Staffing Services

$

I$ $ $ $ $ $ $ $ $ $ $
1$ $ $ $ $
1$
Total Funds 3,258,181 $ 5,102,705 $ 1,307,371 $

ol
8,596,409 947,171 133,213 0 697,128 196,697 503,267
1,627,172 173,863 841,601
13,716,5211
0 1,188,890 11,598,137
929,494
Ol
State Funds 0 0 0

I 020

GENERAL ACTS AND RESOLUTIONS, VOL. I

Administration. Total

$ 4,048,264 $

0

~ 13,716,5211$

oJ

Section 23. Department of Motor Vehicle Safety.

State Funds

1$

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

$

Total Funds Budgeted

[$

Department of Transportation Permit

Funds

$

Indirect DOAS Funding

$

State Funds Budgeted

!$

Departmental Program Budgets Administration

Total Funds $ 11,912,125 $

Licenselssuance Motorcycle Safety Tag and Title Registration Salvage Inspection

$ 36,135,683 $

$

0$

$ 24,025,798 $

$

1,638,290 $

Commercial Vehicle and HOV Enforcement$

Total

~

15,160,678 $ 88,872,5741 $

77,218,681J 55,395,072
6,980,949 480,435 327,223 338,032
12,461,537 2,730,422 2,443,575
329,835 1,315,346
0 2,000,000
0 329,824 2,990,324 750,000
0 88,872,574J
7,196,898 1,960,000 77,218,681J
State Funds 11,912,125 35,155,683
0 23,045,798
1,638,290 5,466,785 77,218,68!)

Section 24. Department of Natural Resources. State Funds Personal Services Regular Operating Expenses Travel

1$ 90,744,02~

$ 82,308,759

$ 15,129,631

$

844,126

GEORGIA LAWS 2004 SESSION

1021

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 FWld Solid Waste Trust FWld Wildlife Endowment FWld Payments to Georgia Agricultural Exposition Authority Payments to Southwest Georgia Railroad
Excursion Authority Payments to Mcintosh CoWlty Payments to Baker CoWlty Payments to CalhoWl CoWlty Payments to Georgia Agrirama
Development Authority for operations Community Green Space Grants
Total Funds Budgeted
Receipts from Jekyll Island State Park Authority
Receipts from Stone Mountain Memorial Association
Receipts from Lake Lanier Islands Development Authority

$

310,000

$

1,237,365

$

3,374,242

$

1,207,381

$

5,970,342

$

621,000

$

1,313,190

$

0

$

689,910

$

1,293,300

$

635,734

$

3,314,750

$

982,330

$

0

$

800,000

$

129,276

$

0

$

75,000

$

0

$

3,595,077

$

0

$

0

$

1,578,940

$

383,468

$

100,000

$

31,000

$

24,000

$

816,720

$

0

Is 126,765,5411

$

940,190

$

0

$

1,331,931

1022

GENERAL ACTS AND RESOLUTIONS, VOL. I

Receipts from North Georgia Mountain

Authority

$

Indirect DOAS Funding

$

State Funds Budgeted

[s

Departmental Program Budgets

Total Funds

Administration

$ I 0,226,625 $

Land Conservation

$

318,916 $

Historic Preservation

$

2,317,346 $

Parks and Historic Sites

$ 37,034,632 $

Coastal Resources

$

2,223,990 $

Wildlife Resources

$ 34,486,306 $

Environmental Protection

$ 39,725,104 $

Pollution Prevention Assistance

$

357,622 $

Georgia Games Commission

$

75,000 $

Civil War Commission Total

$

0$

~ 126,765,541[ $

1,434,982 200,000
90,744,0221
State Funds 10,226,625
318,916 1,827,346 17,442,843 2,053,128 28,982,069 29,564,386
253,709 75,000 0
90,744,022J

Section 25. State Board of Pardons and Paroles.

State Funds

[s

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

T elecomrnunications

$

Per Diem and Fees

$

Contracts

$

County Jail Subsidy

$

Health Services Purchases

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Program Budgets
Administration Clemency Decision Parole Supervision Total

Total Funds $ 2,996,319 $ $ 10,220,395 $
$ 31,503,930 $ ~ 44,720,6441 $

44,228,494] 36,144,461
1,333,825 331,800 0 291,500 591,200
2,764,792 969,433 423,304
1,232,829 617,500 20,000
44,720,644
44,228,494
State Funds 2,996,319 10,220,395 31,011,780
44,228,494]

GEORGIA lAWS 2004 SESSION

1023

Section 26. Del!artment of Public Safetv. 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 Telecommwrications Per Diem and Fees Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Conviction Reports
Total Funds Budgeted
Indirect DOAS Service Funding State Funds Budgeted
Departmental Program Budgets

Administration

$

Field Offices and Services

$

Aviation

$

Specialized Collision Reconstruction Teams$

Troop J Specialty Unit

$

Multi-Jurisdictional Task Forces

$

Executive Security

$

Capitol Police

$

Excess Property

$

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

Is
$ $ $ $ $ $ $ $ $ $
$ $ $
Is s Is
Total Funds 15,291,093 $ 49,585,248 $ 2,229,016 $ 2,035,024 $ 2,194,228 $
0$ 1,026,201 $ 3,151,435 $
0$
s 75,512,2451
Is
$ $ $ $ $

I 71,370,810
60,549,140 7,940,850
81,145 3,359,986
308,028 654,000 100,695 1,673,059 254,772 274,333
316,237 0 0
75,512,2451 990,000
71,370,8101
State Funds 14,451,093 49,435,248 2,229,016 2,035,024 2,194,228
0 1,026,201
0 0 71,370,8101
13,524,2861
10,005,550 2,591,325
118,552 0
140,592

1024

GENERAL ACTS AND RESOLUTIONS, VOL. I

Computer Charges Real Estate Rentals Telecommwrications Per Diem and Fees Contracts Highway Safety Grants Peace Officers Training Grants Capital Outlay
Total Funds Budgeted
State Funds Budgeted
Departmental Program Budgets

Office of Highway Safety

$

Georgia Peace Officers Standards and

Training

$

Police Academy

$

Fire Academy

$

Georgia Firefighters Standards and Training

CoWlcil

$

Georgia Public Safety Training Facility $

Total

~

$
$ $
$ $
$ $ $
s s

Total Funds 3,653,678 $
1,929,126 $ 1,226,513 $ 1,132,053 $

414,070 $

, ,, 0

01';0
v,

,Qv<~;lv';

~ "'

. . HAVl,'~t'-J~'-,'-J,Qf~>II II:

253,767 329,147 295,994 191,337 701,771 2,525,200 1,172,061
0 18,325,296
13,524,286
State Funds 486,741
1,929,126 1,105,419
979,373
414,070 8,609,557 13,524,2861

Section 27. Public School Employees' Retirement System.
State Funds Payments to Employees' Retirement System Employer Contributions
Total Funds Budgeted
State Funds Budgeted

Is 1,420,6961

$

587,500

$

833,196

s 1,420,696

s 1,420,696

Section 28. Public Service Commission.
State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwrications Per Diem and Fees

Is 8,073,7081

$

6,373,145

$

250,711

$

86,876

$

0

$

15,300

$

208,791

$

501,964

$

114,127

$

776,105

GEORGIA lAWS 2004 SESSION

1025

Contracts Total Funds Budgeted State Funds Budgeted
Departmental Program Budgets

Administration

$

Utilities Regulation Program

$

Utility Facilities Protection

$

Georgia No Call

$

Total

~

$ $ $
Total Funds 1,118,911 $ 6,378,209 $ 822,288 $ 27,611 $ 8,347,0191 $

20,000 8,347,019 8,073,708
State Funds 1,118,911 6,378,209 548,977 27,611 8,073,7081

Section 29. Board of Regents, University System of Georgia.

A. Budget Unit: State Funds - Resident Instruction

$ 1,469,172,100

Tobacco Funds

$ 6,243,177

Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations Operating Expenses: Educ., Gen., and Dept. Svcs Sponsored Operations Special Funding Initiative Office ofMinority Business Enterprise Student Education Enrichment Program Forestry Research Research Consortium Capital Outlay

$ 1,624,306,261 $ 503,438,312

$ 398,898,780

$ 755,196,564

$ 28,867,806

$

882,879

$

311,863

$

826,466

$ 26,894,260

$ 95,063,332

Total Funds Budgeted

1s 3,434,686,s23j

Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Governor's Emergency Funds Tobacco Funds Budgeted

$ 132,560,254

$ 1,258,634,876

$ 565,036,616

$

3,039,500

$

0

$ 6,243,177

State Funds Budgeted

1s 1,469,172,1oo 1

Departmental Program Budgets

Total Funds

State Funds

Teaching Research

$ 3,125,179,903 $ 1,336,193,457 $ 281,055,109 $ 105,101,389

1026

GENERAL ACTS AND RESOLUTIONS, VOL. I

Public Service Total

$ 28,451,511 $ 27,877,254 ~ 3,434,686,5231$ 1,475,415,2771

B. Budget Unit: State Funds - Regents

Central Office and Other Organized Activities

$ 182,627,230

Tobacco Funds

$

0

Personal Services: Educ., Gen., and Dept. Svcs Sponsored Operations

$ 115,755,627 $ 75,862,198

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.
Total Funds Budgeted

$ 48,740,748

$ 41,236,508

$

2,485,757

$ 23,354,273

$

0

$

0

$

7,541,709

$

92,154

$

0

$

2,344,723

$ 17,280,663

$ 33,169,604

$

0

$ 31,761,251
Is 399,625,2151

Departmental Income Sponsored Income Other Funds
Indirect DOAS Services Funding Tobacco Funds Budgeted State Funds Budgeted

$

8,961,113

$ 130,889,335

$ 76,604,037

$

543,500

$

0

Is 182,627,230]

Regents Central Office and Other Organized Activities
Marine Resources Extension Center Skidaway Institute ofOceanography Marine Institute Georgia Tech Research Institute

Total Funds $ 2,614,460 $ $ 6,504,282 $ $ 1,705,789 $ $ 124,250,240 $

State Funds 1,429,660 1,531,343 938,156 2,668,363

GEORGIA lAWS 2004 SESSION

1027

Advanced Technology Development Center/

Economic Development Institute

$ 23,354,273 $

8,338,273

Agricultural Experiment Station

$ 72,177,551 $ 39,736,289

Cooperative Extension Service

$ 56,372,576 $ 33,278,439

MCG - Hospitals and Clinics

$

193,500 $

0

Veterinary Medicine Experiment Station $

3,094,649 $

3,094,649

Veterinary Medicine Teaching Hospital $ 7,170,899 $

470,899

Georgia Radiation Therapy Center

$

Athens and Tifton Veterinary Laboratories $

3,625,810 $ 4,694,697 $

0 40,727

Regents Central Office

$ 40,832,266 $ 40,725,417

Public Libraries

$ 35,603,560 $ 33,094,352

State Data Center GPTC Total

$

150,000 $

0

$ 17,280,663 $ 17,280,663
s ,.;,.~3-9=~9,,.6.2:.5.,,2.1.5::1-::""1'~1-8-2-=,6-~2=7~',2:'3"o'11

C. Budget Unit: State Funds - Georgia

Public Telecommunications Commission
Personal Services

Is

ol

$ 12,840,944

Operating Expenses

$ 16,593,732

General Programming

$

4,070,278

Distance Learning Programming Total Funds Budgeted Other Funds State Funds Budgeted

$

0

Is 33,504,9541

s 33,504,954

Is

01

D. Budget Unit: Lottery for Education Equipment, Technology and Construction TrustFWld Georgia Public Telecommunications Commission Internet Connection Initiative Special FWlding Initiatives Research Consortium - Georgia Research Alliance Equipment - Public Libraries Student Information System Educational Technology Center
Total Funds Budgeted
Lottery Funds Budgeted

Is

ol

$

0

$

0

$

0

$

0

$

0

$

0

$

0

$

0

1: ~I

1028

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 30. De~artment of Revenue. State Funds Tobacco Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecorrnmmications Per Diem and Fees Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Postage Investment for Modernization Homeowner Tax ReliefGrants
Total Funds Budgeted
Indirect DOAS Services Funding Tobacco Funds
State. Funds Budgeted
Departmental Program Budgets

Administration

$

Revenue Processing

$

Tax Compliance

$

Customer Service

$

Industry Regulation

$

Grants and Distribution

$

State Board ofEqualization

$

Total

~

s s
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Is s s Is
Total Funds 3,972,719 $
40,224,286 $ 42,279,252 $
7,947,156 $ 4,188,924 $ 388,122,898 $
5,000 $
486,740,2351 s

460,155,370 150,000
54,356,503 4,324,663 1,077,071
49,980 173,684 12,914,676 6,785,736 1,185,113 606,992 1,223,613 3,785,079
0 2,471,575 17,785,550 380,000,000 486,740,2351
2,545,000 150,000
460,155,3701
State Funds 3,972,719
29,164,591 31,837,824
4,058,465 3,499,584 387,767,187
5,000 46o,3o5,37o 1

Section 31. Secretan: of State. A. Budget Unit: State Funds- Secretary of
State Personal Services Regular Operating Expenses
Travel Motor Vehicle Purchases Equipment Computer Charges

Is 32,757,8901

$ 18,327,345

$ 4,850,264

$

357,621

$

0

$

53,035

$

2,913,063

GEORGIA lAWS 2004 SESSION

1029

Real Estate Rentals Telecommwrications Per Diem and Fees Contracts Election Expenses Capital Outlay
Total Funds Budgeted
State Funds Budgeted
Departmental Program Budgets

Administration

$

Archives and Records

$

Capitol Education Center

$

Corporations

$

Securities

$

Elections and Campaign Disclosures

$

Drugs and Narcotics

$

State Ethics Commission

$

Professional licensing Boards

$

Holocaust Commission

$

Total

~

$ $ $ $ $ $
s s
Total Funds 5,062,986 $ 6,623,401 $ 405,553 $ 1,805,154 $ 1,879,463 $ 6,809,319 $ 1,200,010 $ 1,016,726 $ 8,779,582 $ 240,046 $
33,822,240 1 s

4,464,296 888,163 157,314
1,446,804 364,335 0
33,822,240
32,757,890
State Funds 5,032,986 6,548,401 405,553 1,065,804 1,829,463 6,789,319 1,200,010 1,016,726 8,629,582 240,046
32,757,8901

B. Budget Unit: State Funds - Real Estate Commission
Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwrications Per Diem and Fees Contracts
Total Funds Budgeted
State Funds Budgeted

Is 2,649,4091

$

1,579,955

$

185,000

$

47,000

$

0

$

12,500

$

309,034

$

183,512

$

82,376

$

250,032

$

0

s 2,649,409

s 2,649,409

Section 32. Soil and Water Conservation Commission.
State Funds Personal Services Regular Operating Expenses

Is 2,927,7701

$

1,739,222

$

1,093,006

1030

GENERAL ACTS AND RESOLUTIONS~ VOL. I

Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwrications Per Diem and Fees Contracts County Conservation Grants
Total Funds Budgeted
State Funds Budgeted
Departmental Program Budgets

Conservation of Soil and Water Resource $

Water Resource and Land Use Planning $

Conservation of Agricultural Water Supplies$

Watershed Flood Control Dams

$

Administration

$

Total

~

$ $ $ $ $ $ $ $ $ $
$
Total Funds 1,560,051 $ 1,170,101 $ 1,939,517 $ 27,923 $ 572,120 $ 5,269,7121 $

42,321 0
19,944 11,205 121,425 38,300 121,660 2,082,629
0 5,269,712
2,927,770
State Funds 986,646
1,103,101 237,980 27,923 572,120
2,927,7701

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 Telecommwrications Per Diem and Fees Contracts Guaranteed Educational Loans Tuition Equalization Grants Law Enforcement Personnel Dependents' Grants North Georgia College ROTC Grants Georgia Military/North Georgia Military Transfer Scholarship Osteopathic Medical Loans

Is 37,604,8581

$

499,568

$

17,915

$

20,000

$

0

$

8,300

$

6,000

$

40,015

$

8,681

$

0

$

31,802

$

3,477,477

$ 28,820,424

$

61,339

$

432,479

$

22,427

$

0

GEORGIA LAWS 2004 SESSION

1031

North Georgia College and State University Military Scholarship LEAP Program Governor's Scholarship Program
Total Funds Budgeted
State Funds Budgeted Departmental Program Budgets

Georgia Student Finance Authority

$

Georgia Nonpublic Postsecondary Education

Conunission

$

Total

~

$ $ $ $
s
Total Funds 37,493,230 $
632,281 $
38,125,5111 s

661,524 1,487,410 2,530,150 38,125,511 37,604,858
State Funds 36,972,577
632,281 37,604,8581

B. Budget Unit: Lottery for Education HOPE Financial Aid- Tuition HOPE Financial Aid- Books HOPE Financial Aid- Fees HOPE Joint Enrolhnent Hope Scholarships - Private Colleges Georgia Military College Scholarship Public Safety Memorial Grant Teacher Scholarships Promise Scholarships Promise II Scholarships Engineer Scholarships Personal Services - HOPE Administration Operating Expenses - HOPE Administration
Total Funds Budgeted
Lottery Funds Budgeted

Is 500,643,7781

$ 306,989,060

$ 55,896,225

$ 70,657,003

$

3,500,000

$ 45,388,740

$

770,477

$

255,850

$

5,332,698

$

5,855,278

$

374,590

$

760,000

$

2,093,984

$

2,769,873

s 500,643,778

s 500,643,778

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

Is 2,138,0001

$ 12,701,449

$

844,344

$

76,500

$

0

$

115,000

$

9,185,000

$

723,975

$

270,000

$

493,000

$

0

1032

GENERAL ACTS AND RESOLUTIONS, VOL. I

Floor FW1d Local Systems COlA Local Systems
Total Funds Budgeted
State Funds Budgeted

$

2,050,000

$

88,000

$ 26,547,268

$

2,138,000

Section 35. DeJ!artment 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
Total Funds Budgeted
State Funds Budgeted
Departmental Program Budgets

Administration

$

Technical Education

$

Adult literacy Education

$

Economic Development

$

Total

~

B. Budget Unit: Lottery for Education
Computer Laboratories and Satellite DishesAdult literacy Capital Outlay Capital Outlay- Technical Institute Satellite Facilities

I$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Total Funds 7,706,384 $
325,806,221 $ 18,655,783 $ 11,701,124 $
363,869,5121 $
1$
$ $
$

288,122,3951 5,935,084 316,985 125,510 0 12,886 586,463 121,671 164,110 327,695 115,980 0
253,271,965 63,743,175 5,521,825 18,655,783 3,269,256 11,701,124
363,869,512
288,122,395
State Funds 5,646,596
259,910,304 10,864,371 11,701,124
288,122,395]
o]
0 0
0

GEORGIA lAWS 2004 SESSION

1033

Equipment-Teclmicallnstitutes Repairs and Renovations- Teclmical Institutes
Total Funds Budgeted
Lottery Funds Budgeted

$

0

$

0

1: ~I

Section 36. De~artment of Trans~ortation. 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 Mass Transit Grants Payments to the State Road and Tollway Authority Guaranteed Revenue Reserve Fund Airport Aid Program Harbor Maintenance
Total Funds Budgeted

Is 646,858,9681

$ 251,916,632

$ 79,533,636

$

2,102,944

$

1,927,751

$

5,591,955

$

8,850,593

$

1,830,782

$

4,924,471

$

7,362,438

$ 48,077,857

$ 1,129,313,034

$ 16,964,558

$ 75,667,665

$ 25,893,451

$

3,507,783

$

721,355

$ 1,664,186,905

State Funds Budgeted

$ 646,858,968

Departmental Program Budgets Motor Fuel Tax Budget Maintain State Highway System Operate State Highway System Construct and Improve State Highway System Local Road Assistance Data Collection Administration Total
General Funds Budget Transit Aviation Air Transportation Rail

Total Funds $ 318,412,284 $ $ 52,724,395 $

State Funds 181,941,310 22,945,698

$ 1,069,585,636 $
$ 149,114,628 $ $ 5,592,116 $
$ 41,801,010 $
~ 1,637,230,0691 $

307,488,892 88,168,653 1,663,612 31,940,937
634,149,1021

$ 18,269,604 $ $ 4,120,304 $ $ 1,913,591 $ $ 1,621,750 $

5,091,992 3,870,014 1,255,796 1,544,313

I 034

GENERAL ACTS AND RESOLUTIONS, VOL. I

Ports and Waterways Total

$ 1,031,587 $

947,751

~ 26,956,8361 $ 12,709,866J

Section 37. Department of Veterans Service.

State Fonds

1$

Personal Services

$

Regular Operating Expenses

$

Travel

$

Motor Vehicle Purchases

$

Equipment

$

Computer Charges

$

Real Estate Rentals

$

Telecommwtications

$

Per Diem and Fees

$

Contracts

$

Operating Expense/Payments to Medical

College ofGeorgia

$

Capital Outlay

$

WWII Veterans Memorial

$

Regular Operating Expenses for Projects and

Insurance

$

Total Funds Budgeted

$

State Funds Budgeted

$

Departmental Program Budgets Veterans Benefits

Total Funds $ 5,504,863 $

Milledgeville Nursing Home Augusta Nursing Home Georgia Veterans Memorial Cemetery Administration Total

$ 17,516,828 $

$ 7,536,580 $

$

290,738 $

$

900,749 $

~ 31,749,7581 $

21,017 ,073J 5,444,798 278,597 136,200 0 100,822 5,000 223,033 86,581 20,612 17,617,375
7,541,980 0 0
294,760 31,749,758 21,017,073
State Funds 5,181,938 10,291,693 4,431,830 290,738 820,874 21,017,073J

Section 38. Workers' Compensation Board. State Funds Personal Services Regular Operating Expenses Travel Motor Vehicle Purchases Equipment Computer Charges Real Estate Rentals Telecommwtications

1$ 14,503,707]

$

9,713,843

$

470,115

$

140,600

$

0

$

44,048

$

334,329

$

1,296,009

$

170,876

GEORGIA LAWS 2004 SESSION

Per Diem and Fees Payments to State Treasury
Total Funds Budgeted
State Funds Budgeted Departmental Program Budgets

Administration

$

Dispute Resolution

$

Licensure and Quality Assurance

$

Rehabilitation Management

$

Enforcement

$

Total

~

$ $ $
$
Total Funds 2,990,691 $ 8,570,407 $ 1,245,387 $ 733,062 $ 1,328,160 $ 14,867,7071 $

1035
183,100 2,514,787 14,867,707 14,503,707
State Funds 2,990,691 8,322,887 1,194,427 711,222 1,284,480 14,503,7071

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

$ 763,037,893 $ 75,000,000
Is 838,037,8931

$ 85,313,235

$

0

~

85,313,2351

Section 40. Provisions Relative to Section 3, Judicial Branch.
The appropriations in Section 3 (Judicial) of this Act are for the cost ofoperating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (decisions) of the appellate courts to the Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts; cost of operating the Court of Appeals of the State of Georgia, including salaries and retirement contributions for judges and employees of the Court; cost of operating the Superior Courts of the State of Georgia, including the payment of Judges' salaries, the payment of mileage authorized by law and such other salaries and expenses as may be authorized by law; for the payment of salaries, mileage and other expenses as may be authorized by law for District Attorneys, Assistant District Attorneys and District Attorneys Emeritus; for the cost of staffing and operating the Prosecuting Attorneys' Council created by

1036

GENERAL ACTS AND RESOLUTIONS, VOL. I

Code Section 15-18-40, the Sentence Review Panel created by Code Section 17-10-6, the CoWlcil 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 Chainnan of the Judicial CoWlcil; cost of operating the CoWlcil 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 CoWlcil created by Code Section 15-1 0-132; cost of operating the Judicial CoWlcil of the State of Georgia, the Administrative Office of the Courts, the Board of Court Reporting of the Judicial CoWlcil, the Georgia Courts Automation Commission and the Office of Dispute Resolution, and fur payments to the CoWlcil of Magistrate Court Judges, the CoWlcil of Probate Court Judges and the CoWlcil of State Court Judges.

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

Provided, that the department shall provide a consolidated report to the General Assembly by December 31, 2004 of all vehicles purchased or newly leased during Fiscal Year 2004.
Notwithstanding any provision ofthe 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 below 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 2004 SESSION

1037

Ifa local assistance grant below states an ineligible purpose, the intended purpose is eligible activity ofthe 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 ofproperty 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

City of

Funding for operating expenses for Silver Haired

Milledgeville Legislature

City of

Funding for the Civil War Naval Museum in the

Columbus

City ofColumbus

+-'C'flity~o+-f--- Ftmding for the Attgmta Mini Theater after seht'Jol

-AA'"tt"~~'~gtt~s:tltar--- pmgrmn

Warren

County

Funding for indirect cost in Warren County

McDuffie

County

Funding for equalization in McDuffie County

Amount

$ 15,000

$ 87,500

b a Y' <

$--

se,eee

-~sa '"C

~

$ 50,000

$ 100,000

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 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 SFY 2005 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 SFY 2005 shall not exceed 13.1 %.

1038

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$2,342.73. 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, $1,5 00,000 is intended for reliefin 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 ofneed shall apply:

Number in Asst. Group
2 3 4 5 6

Standards of Need $235
356 424 500 573 621

Maximum Monthly Amount $ 155 235 280 330 378 410

GEORGIA lAWS 2004 SESSION

1039

7

672

444

8

713

470

9

751

496

10

804

530

II

860

568

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

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

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

Section 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) ofthe 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) ofthe Social Security Act.

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

1040

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 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.

<If';:~ m~ey 'E

Sooo:'t mnr~fspaoePkyodrrteyfifbie-Jilterdeaessdltrti~,eemfmhtshittmplaelmtdtt'p~eln~famtspgheree~sneg'emrmi4tepnhm:s1o:nnt~mm~t~ifetd~elslslln~btbl~~t~lrwmeierbdttip~itiu:erns~pgr'~eamsnsetarslslatsM tetittmtsJlr,m m~~r:etthdm~emme~bs0eje.tmeht.mm6cla$dAs5sf5.i4,~T50m0h:70ews5m~n~rbe5k,ysmifbdduer

>"" v, 'V7)e- mtFBaphpneampnyts1:~t1p~aatmtp.eip- leeF1lYnMmttitmrtMm~pft":ti:hATstGAt:.etsmldm>w:pte~i:Smarmfpt"pa~Ctre~hO<ttsetl~:melttHM~idak;~e,enmae?mi.'llf:lt~ndbp1nmlaleml~1"tf:yeretxdm:(en)ht:e~Jloeme n~detibrb$Ab",1nn1'C5de~agawoep.e~tmemttmaekf,mntr":rwm:tBmtSednersttkr.lltmgttheF"rbebpmlg,eertB'ep~f'gtAuuettrgmrtal!pspp:.~tlah,tstes.'iel.hyesFeam~e~0e.feyg:emraTtmtl4httn~:ieerseft

- a 11ft!!. md R"t"Jekdme Cnmnies.

'

'

Section 50.

Provisions Relative to Section 30, Department of Reenue.

For purposes ofhomeowner tax reliefgrants 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, 2004.

GEORGIA I.AWS 2004 SESSION

1041

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 fimding for a rental agreement with the Development Authority of Clayton Cow1ty for the Department ofArchives 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. 2005.

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 not to exceed the amount of Motor Fuel Tax Revenues actually paid into the Fiscal Division ofthe Department ofAdministrative 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 fimds 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 I st of each fiscal year to determine the collection of Motor Fuel Tax in the inlmediately preceding year less refimds, 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 refimds, 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

I 042

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 ofair transportation equipment.

It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation.
Provided further, that from the amount equal to all money derived from motor fuel taxes for the proceeding fiscal year, there is appropriated the sum $25,893,450 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 $300,000,000; the amount ofthe highest debt service shall not exceed the amount of this appropriation; and the maximum maturities of the issue shall not exceed two hundred forty months. The General Assembly has determined that the obligations of the issue will be self-liquidating over the life of the issue.
Section 54.
In addition to all other appropriations for the State fiscal year ending June 30, 2005, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation ofregional farmers' markets in the Department ofAgriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the

GEORGIA IAWS 2004 SESSION

1043

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 ofHmnan 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 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

I 044

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 refimd authorized by law, which is required to make refimd 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 fimds.

Section 59.

In accordance with the requirements of Article IX, Section VI, Paragraph Ia of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or appropriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other fimds 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 2004 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between

GEORGIA LAWS 2004 SESSION

1045

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 Subconnnittees 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 Connnittees 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, connnission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director ofthe Budget.

(b.) (1.) For purposes of this Section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications.

(b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures ofno more than 102% ofthe stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes ofthe 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 ofthe annual operating budget.

Section 61.

Wherever in this Act the terms "Budget Unit O~ject 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 Connnittee 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.

1046

GENERAL ACTS AND RESOLUTIONS, VOL. I

Section 62.

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~f ~ F~ f""' ~

sammTnhtbmeerteisnis 6 of

shuapeb1Y>18m'tPdhs'e6-pwunt.paltlrtti6ralatusiMcx::"<fi h

6
fFederltl grmrt ftmds . lim<h aoailoble;,' soul spedfie

~ ~egomg......., ~ ~0cD I~="~'e"n'"<titme ftm~d; >

p.. '
rn 1:-
v'-
J..

be mu<rilabte" Assanbt,. Thl

.,;, A<>.

0

-op<;atuiS...

oftlri

of the

nnl= "" omeh Sta1< funds : alnrt. fin the

sball not1a'Pr1y <t6e -poropje<ctWgremdrt b] ooCt c.axp.np!gr 6iatphteGiraeetunedperoianl

Section 63. Provisions Relative to Section 39, State of Georgia General Obligation Debt Sinking Fund.
From the appropriation designated "State General FWlds (New)", $14,087,040 is specifically appropriated for the purpose of financing educational facilities for coWlty and independent school systems through the State Board of Education through the issuance ofnot more than $161,920,000 in principal amoWlt of General Obligation Debt, the instruments of which shall have maturities not in excess oftwo hWldred and forty months.
From the appropriation designated "State General FWlds (New)", $2,984,330 is specifically appropriated for the purpose of financing educational facilities for COWlty and independent school systems through the State Board of Education through the issuance of not more than $13,205,000 in principal amoWlt of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General FWlds (New)," $224,870 is specifically appropriated for the purpose of financing projects and facilities for the Department 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 $995,000 in principal amoWlt of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.
From the appropriation designated "State General FWlds (New)," $8,452,485 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 ofland, 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 $97,155,000 7in principal amoWlt of General Obligation Debt, the

GEORGIA LAWS 2004 SESSION

1047

instrwnents of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $5,729,820 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 ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $65,860,000 in principal amount of General Obligation Debt, the instrwnents of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $4,785,000 is specifically appropriated for the purpose of financing projects and facilities for the Board ofRegents ofthe University System ofGeorgia, by means ofthe acquisition, construction, development, extension, enlargement, or improvement ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in cmmection therewith, through the issuance of not more than $55,000,000 in principal amount of General Obligation Debt, the instrwnents of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $78,300 is specifically appropriated for the purpose of financing projects and facilities for the Board ofRegents ofthe University System ofGeorgia, by means ofthe acquisition, construction, development, extension, enlargement, or improvement ofland, 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 $900,000 in principal amount of General Obligation Debt, the instrwnents of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $421,950 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 ofland, 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 $4,850,000 in principal amount of General Obligation Debt, the instrwnents of which shall have maturities not in excess of two hundred and forty months.

I 048

GENERAL ACTS AND RESOLUTIONS, VOL. I

From the appropriation designated "State General Funds (New)," $4,452,200 is spa:ifically appropriated for the purpose of financing proja:ts and facilities for the Board of Regents of the University System of Georgia, by means ofthe acquisition, construction, development, extension, enlargement, or improvement ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, na:essary or useful in conna:tion therewith, through the issuance of not more than $19,700,000 in principal amount of General Obligation Debt, the instruments ofwhich shall have maturities not in excess ofsixty months.

From the appropriation designated "State General Funds (New)," $2,260,000 is spa:ifically appropriated for the purpose of financing proja:ts and facilities for the Department of Ta:hnical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, na:essary or useful in conna:tion therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments ofwhich shall have maturities not in excess ofsixty months.

From the appropriation designated "State General Funds (New)," $420,360 is spa:ifically appropriated for the purpose of financing proja:ts and facilities for the Department of Ta:hnical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, na:essary or useful in conna:tion therewith, through the issuance of not more than $1,860,000 in principal amount of General Obligation Debt, the instruments ofwhich shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)," $2,260,000 is spa:ifically appropriated for the purpose of financing proja:ts and facilities for the Department of Ta:hnical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, na:essary or useful in conna:tion 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 ofsixty months.

From the appropriation designated "State General Funds (New)," $1,695,000 is spa:ifically appropriated for the purpose of financing proja:ts and facilities for the Department of Ta:hnical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, na:essary or useful in conna:tion therewith, through the issuance of not

GEORGIA LAWS 2004 SESSION

1049

more than $7,500,000 in principal amoWit of General Obligation Debt, the instrwnents of which shall have maturities not in excess ofsixty months.

From the appropriation designated "State General FWids (New)," $74,820 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 ofland, 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 $860,000 in principal amoWit of General Obligation Debt, the instrwnents of which shall have maturities not in excess of two hWidred and forty months.

From the appropriation designated "State General FWids (New)," $1,447,506 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 ofland, 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 $16,638,000 in principal amoWit of General Obligation Debt, the instrwnents of which shall have maturities not in excess of two hWidred and forty months.

From the appropriation designated "State General FWids (New)," $926,600 is specifically appropriated for the purpose of financing projects and facilities for the Georgia 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 $4,100,000 in principal amoWit of General Obligation Debt, the instrwnents of which shall have maturities not in excess ofsixty months.

From the appropriation designated "State General FWids (New)," $1,740,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 in principal amoWit of General Obligation Debt, the instrwnents of which shall have maturities not in excess oftwo hWidred and forty months.

From the appropriation designated "State General FWids (New)," $2,453,400 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,

1050

GENERAL ACTS AND RESOLUTIONS, VOL. I

buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $28,200,000 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)," $565,500 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 $6,500,000 in principal amount ofGeneral Obligation Debt, the instruments ofwhich shall have maturities not in excess oftwo hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,252,800 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 $14,400,000 in principal amount ofGeneral Obligation Debt, the instruments ofwhich shall have maturities not in excess oftwo hundred and forty months.

From the appropriation designated "State General Funds (New)," $8,700,000 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 $100,000,000 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)," $4,520,000 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 $20,000,000 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)," $384,200 is specifically appropriated for the purpose of financing projects and facilities for the

GEORGIA LAWS 2004 SESSION

1051

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)," $1,356,000 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess ofsixty months.

From the appropriation designated "State General Funds (New)," $472,410 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 $5,430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess oftwo hundred and forty months.

From the appropriation designated "State General Funds (New)," $1,219,740 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 $14,020,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess oftwo hundred and forty months.

From the appropriation designated "State General Funds (New)," $205,660 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 $910,000 in principal amount ofGeneral Obligation Debt, the instruments ofwhich shall have maturities not in excess of sixty months.

1052

GENERAL ACTS AND RESOLUTIONS, VOL. I

From the appropriation designated "State General FWlds (New)," $111,795 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 collllection therewith, through the issuance of not more than $1,285,000 in principal amoWlt of General Obligation Debt, the instruments of which shall have maturities not in excess oftwo hWldred and forty months.

From the appropriation designated "State General FWlds (New)," $1,786,530 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, 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 $7,905,000 in principal amoWlt of General Obligation Debt, the instruments ofwhich shall have maturities not in excess of sixty months.

From the appropriation designated "State General FWlds (New)," $1,376,340 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections, 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 collllection therewith, d1rough the issuance of not more than $15, 820, 000 in principal amoWlt of General Obligation Debt, the instruments ofwhich shall have maturities not in excess of two hWldred and forty months.

From the appropriation designated "State General FWlds (New)," $174,000 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 collllection therewith, through the issuance of not more than $2,000,000 in principal amoWlt of General Obligation Debt, d1e instruments ofwhich shall have maturities not in excess oftwo hWldred and forty months.

From the appropriation designated "State General Funds (New)," $33,900 is specifically appropriated for the purpose of financing projects and facilities for dle Department of Agriculture, by means ofilie acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, boili real and personal, necessary or useful in connection therewith, through the issuance of not more ilian $150,000 in

GEORGIA lAWS 2004 SESSION

1053

principal amoWlt of General Obligation Debt, the instrwnents of which shall have maturities not in excess of sixty months.

From the appropriation designated "State General Funds (New)," $96,050 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, t:X}uipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $425,000 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 FWlds (New)," $1,993,170 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, t:X}uipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $22,910,000 in principal amoWlt of General Obligation Debt, the instrwnents of which shall have maturities not in excess oftwo hundred and forty months.

From the appropriation designated "State General Funds (New)," $29,928 is specifically appropriated fur 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, property, highways, buildings, structures, t:X}uipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $344,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and furty months.

From the appropriation designated "State General FWlds (New)," $1,377,993 is specifically appropriated fur 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, property, highways, buildings, structures, t:XJuipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,839,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hWldred and forty months.

From the appropriation designated "State General Funds (New)," $365,400 is specifically appropriated for the purpose of financing projects and facilities for the

1054

GENERAL ACTS AND RESOLUTIONS, VOL. I

Board of Regents, University Systen1 of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in com1ection therewith, through the issuance of not more than $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

From the appropriation designated "State General Funds (New)," $24,099 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement ofland, 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 $277,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and furty months.

From the appropriation designated "State General Funds (New)," $1,805,250 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents, University System of Georgia, by means of the acquisition, construction, development, extension, enlargement, or improvement ofland, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instfUlllents 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 to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the East Coweta County Public Library for that library, 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 to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Forsyth County Public Library for that library, 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 oftwo hundred and forty months.

GEORGIA lAWS 2004 SESSION

1055

From the appropriation designated "State General Funds (New)," $1,655,784 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 ofland, 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 $19,032,000 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)," $31,640 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $140,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess ofsixty months.

From the appropriation designated "State General Funds (New)," $163,850 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public Safety 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 $725,000 in principal amount of General Obligation Debt, the instruments ofwhich shall have maturities not in excess ofsixty months.

From the appropriation designated "State General Funds (New)," $73,080 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Bartow County Public library for that library, through the issuance of not more than $840,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess oftwo hundred and forty months.

Fte.m the lll'PIOI'fillti:e.n designated "State Genetlll Funds (Nel'll)," $41,760 is speeitielllry appropriated fur the pttrpe.se e.ftinaneing l'feljeets llOd faeilities fur the De.md e.fR:egents e.fthe Univetsi:ty System e.fGemgia by memtS e.fthe aeqnisitie.n,
renstt netieln, devele.pment; extension, enlmgement; m iml'l e. vement e.flltlld; 1'\laters,
pte.petty, highl'llays, buildings, sttnetttres, equipment e.t fiteilities, both teal ltDd petse.nal, neeessary or meftd: in renneetie.n thetewith, thre.ttgh the issnlltlee e.fne.t IOOte thltD $480,000 in ptineiplll ame.nnt e.f Genetlll Obligation Debt; the

1056

GENERAL ACTS AND RESOLUTIONS, VOL. I

instr tmtents of whieh shall have mlttm ities not in exeess of two htmd.t ed and 'fut
Hn"h 1\lt nth.~

From the appropriation designated "State General FWlds (New)," $217,500 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the South Bibb CoWlty Public Library for that library, through the issuance of not more than $2,500,000 in principal amoWlt of General Obligation Debt, the instruments of which shall have maturities not in excess oftwo hWldred and forty months.

;:;

"~o8CI-"'rJ-~'

>

V)

From the llpf'J!Optiation designltted "State Genam Funds (New)," $43,500 is
speeifiemry llpf'J!Optillted to the Bo8rd of R:egents of the Univetsity Systetn of Geotgia to provide publie libt~~ry faeilities by gtllftt to the governing bomd of the '%eeler County Pttblie Libtmy for thltt libr~~ry, through the issu1111ee of not more thmt $500,000 in J'lineipm ~tmount ofGenerlll Obligation Debt; the instnnnents of whit.h .~111111 h11o t. 11111t111 itit -~ 11ot ill 1Ut.t..~.~ of two lmnth rrl1111M ft 11-h 1111111th.~

From the appropriation designated "State General FWlds (New)," $174,000 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 $2,000,000 in principal amoWlt of General Obligation Debt, the instruments ofwhich shall have maturities not in excess oftwo hWldred and forty months.

From the appropriation designated "State General FWlds (New)," $121,800 is specifically appropriated for the purpose of financing projects .and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amoWlt of General Obligation Debt, the instruments of which shall have maturities not in excess oftwo hWldred and for forty months.

From the llpf'JIOI"Jtilttion desigmrted "Stltte Genam Ftmds (New)," $97,875 is
speeifieaJ:ly lll'l'rOpriltted Wt the purpose offittlltleittg J'ledeefs llftd facilities mt the 13 ;:; Bomd ofR:egents oftbe Univetsity System of Georgia by mellfts of the ~teqttisition-; -@ 5) ~ eonstrttetion, development; extension-; enlmganent, or improvemart oflzmd; wltters; > .;., propetty, highways, buildings, Stlttetmes, tx}ttipmrnt Or facilities, both rem and
personn:l, neeessmy 01 nseftd in eormeetion thaewitb, thtough the issttllftee ofnt'7t
n1o1 t. tl111n Si I 12'i AAA i11 111 i11t.i11lll lll,onnt of C1eJ1fJ 11l Ohlil!'lltion Debt the

GEORGIA l.AWS 2004 SESSION

I057

in~t:tnments of whieh shall have mlttltl:iti~ not in exe~~ of two lmnduxi and for
forty nronth~.

Section 64. Salary Adjustments.

The General Assembly has distributed and included in the agency appropriations listed above funding for the following purposes: 1.) To provide a general salary adjustment of 2%, not to exceed $I,600 per employee on an annual basis, for employees of the Judicial, Legislative and Executive branches, with the amount of the appropriation for this purpose calculated according to an effective date of January I, 2005. The proposed salary adjustment for Executive branch employees will be in conformance with the compensation and performance management plans promulgated by the State Personnel Board or as otherwise provided by law. 2.) To provide for a cost-of-living adjustment of 2% for each state official whose salary is set by Code Sections 45-7-3, 45-7-4, 45-7-20 and 45-7-2I and for discretionary increases of 2% for other department heads and officers whose salary is not set by statute. The amount of the appropriation for this purpose is calculated according to an effective date ofJanuary I, 2005. 3.) To provide a cost-of-living adjustment of2% for members of the General Assembly. The amount of the appropriation for this purpose is calculated according to an effective date ofJanuary I, 2005. 4.) To provide for a 2% increase in the state base salary on the local teacher salary schedule of the State Board of Education. This proposed 2% salary improvement is in addition to the salary increases awarded to certificated personnel through normal progression on the teacher salary schedule of the State Board of Education. The amount of the appropriation for this purpose is calculated according to an effective date ofJanuary I, 2005. 5.) To provide for a 2% increase for local school bus drivers and lunchroom workers with the amount of the appropriation fur this purpose calculated according to an effective date of July I, 2004. 6.) In lieu of all other numbered items, to provide a 2% funding level for merit increases for Regents faculty and non-academic personnel, with the amount of the appropriation for this purpose calculated to commence with Spring semester, 2005, for Regents faculty and calculated to commence January I, 2005, for non-academic personnel. In lieu of all other numbered items, to provide a 2% salary increase for public librarians with the amount ofthe appropriation for this purpose calculated according to an effective date of January I, 2005. 7.) In lieu of all other numbered items, to provide for a 2% salary increase for teachers with the Department of Technical and Adult Education with the amount of the appropriation for this purpose calculated according to an effective date of January I, 2005, and to provide fur a 2% salary increase for support personnel, with the amount of the appropriation for this purpose calculated according to an effective date of January I, 2005. 8.) To provide for the addition of an L-6 longevity factor to the teacher salary schedule for Public School Teachers with 2I or more years of experience with the amount of the

1058

GENERAL ACTS AND RESOLUTIONS, VOL. I

appropriation for this purpose calculated according to an effective date of January 1, 2005.

Section 65.

Provided however, the resulting appropriations above are reduced accordingly in the amount of $179,349,990 for the purpose of extending the final pay period in State Fiscal Year 2005 into the following fiscal year.

Section 66. TOTAL STATE FUND APPROPRIATIONS

State Fiscal Year 2005

ij 16,376,321,1311

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 oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

ALCOHOL- LAW ENFORCEMENT- SPECIAL AGENTS AND ENFORCEMENT OFFICERS; DISABIUTY; WEAPONS AND BADGES.
No. 784 (House Bill No. 158).
AN ACT
To amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources, so as to provide that certain

GEORGIA lAWS 2004 SESSION

1059

conservation rangers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide that certain members of the Unifonn Division who leave such division as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the division; to provide that when an agent of the Georgia Bureau of Investigation leaves the bureau as a result of a disability arising in the line of duty, such agent shall be entitled as part of such agent's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the director of the Bureau of Investigation; to amend Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, so as to provide that certain special agents and enforcement officers of said department who leave such department as a result of a disability arising in the line of duty may retain their weapons and badges upon leaving the department; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION I. Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, is amended by inserting a new subsection to be designated subsection (e) to read as follows:
"(e) As used in this subsection the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When a special agent or enforcement officer leaves the department as a result of a disability arising in the line of duty, such special agent or enforcement officer shall be entitled as part ofsuch officer s compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner."

SECTION2. Code Section 27-1-16 of the Official Code of Georgia Annotated, relating to the establishment of a unit of conservation rangers within the Department of Natural Resources, is amended inserting a new subsection (c) to read as follows:
"(c) As used in this subsection the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When a conservation ranger leaves the department as a result of a disability arising in the line of duty, such conservation ranger shall be entitled as part of such officer s compensation to retain his or her weapon and badge in accordance with regulations promulgated by the commissioner.

1060

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION3. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by inserting a new Code Section 35-2-49.1 to read as follows:
'35-2-49.1. (a) As used in this Code section the term 'disability' means a disability that prevents an individual from working as a law enforcement officer. (b) When a member ofthe Uniform Division of the Department of Public Safety leaves the Uniform Division as a result of a disability arising in the line of duty, such member ofthe Unifom1 Division shall be entitled as part of such officer's compensation to retain his or her weapon and badge in accordance witll regulations promulgated by tile commissioner.n

SECTION4. Said title is further amended by adding at tile end of Code Section 35-3-11, relating to the applicability to agents of tile Georgia Bureau of Investigation of rules of the State Personnel Board and state merit system, a new subsection (c) to read as fullows:
'(c) As used in this subsection, the term 'disability' means a disability tllat prevents an individual from working as a law enforcement officer. When an agent of tile bureau leaves the bureau as a result of a disability arising in tile line of duty, such agent shall be entitled as part of such agenf s compensation to retain his or her weapon and badge pursuant to regulations promulgated by tile director.

SECTIONS. Code Section 48-11-19 of tile Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue, is amended by inserting a new subsection (d) to read as follows:
'(d) As used in this subsection tile term 'disability' means a disability that prevents an individual from working as a law enforcement officer. When a special agent or enforcement officer leaves the department as a result of a disability arising in the line of duty, such special agent or enforcement officer shall be entitled as part of such officer s compensation to retain his or her weapon and badge in accordance with regulations promulgated by tile commissioner.

SECTION6. All laws and parts oflaws in conflict witll this Act are repealed.

Approved May 17, 2004.

GEORGIA LAWS 2004 SESSION

1061

RETIREMENT- TEACHERS; EMPLOYMENT FOLLOWING RETIREMENT.

No. 785 (House Bill No. 366).

AN ACT

To amend Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses"benefits under the Teachers Retirement System ofGeorgia, so as to provide that a teacher who was retired on a service retirement on December 3I, 2003, may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected; to define certain terms; to provide that such teacher s prior service shall be used in determining salary; to provide for an employer s contribution; to provide that no such teacher shall receive additional retirement credits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 7 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses benefits under the Teachers Retirement System of Georgia, is amended by striking in its entirety Code Section 47-3-127.1, relating to the employment ofretired teachers as full-time teachers, the period of such employment, and automatic termination, and inserting in lieu thereof the following:
"47-3-127.1. (a) As used in this Code section, the term:
(I) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade I2 employed by the public schools who has as his or her primary responsibility the academic instruction of students in a classroom. (2) 'Retired teacher' means a member of this retirement system who was retired on a service retirement on December 3I, 2003. (b)( I) A local school system may employ a retired teacher as a full-time classroom teacher, principal, superintendent, counselor, or librarian and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a member who retired as a principal may not be employed as a principal in the same school in which he or she was so employed prior to his or her retirement, and a member who retired as a school superintendent may not be employed as a school superintendent by the same

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GENERAL ACTS AND RESOLUTIONS, VOL. I

school system in which such person was so employed prior to his or her retirement. (2) The salary paid to any retired teacher employed under this Code section shall be conunensurate with the position and the individual's qualifications. Teachers paid under this Code section shall be reported to the state at the certificate and experience level at which the teacher is assigned. No such retired teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. (3) A public school system employing a retired teacher subject to this subsection shall pay all employer contributions to this retirement system as otherwise provided in this chapter; provided, however, that no such retired. teacher shall receive any further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. (c) Any other provision of this article to the contrary notwithstanding, a retired teacher may return to service as a classroom teacher, principal, superintendent, counselor, or librarian and such member's benefits under this article shall not be affected. Any such retired teacher so employed shall not be considered an active member of this retirement system and shall not accrue any additional benefits or further creditable service as a result of such employment and shall in all ways be considered by this retirement system solely as a retired teacher. The provisions of this subsection shall not become a part of the employment contract and shall be subject to future legislation:

SECTION2. This Act shall become effective on July 1, 2004, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 2004, as required by subsection (a) of Code Section 47-20-50.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

GEORGIA lAWS 2004 SESSION

1063

MOTOR VEHICLES- VEHICLE OPERATION FEES; RESTRICTED UCENSE PlATES.

No. 789 (House Bill No. 1087).

AN ACT

To amend Article 7 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, so as to change certain provisions relating to fees for operation of vehicles; to change cert.ain provisions relating to restricted license plates for vehicles; 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 2 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle license fees and classes, is amended in Code Section 40-2-151, relating to annual license fees for operation of vehicles and fee for permanent licensing of cert.ain trailers, by striking paragraph (3) of subsection (a) of said Code section and inserting in its place the following:
'(3)(A) For each private truck in accordance with the owner declared gross vehicle weight, as follows:
(i) Less than 14,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 (ii) 14,000 to 18,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.00 (iii) 18,001 to 26,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.00
(iv) 26,001 to 30,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45.00 (v) 30,001 to 36,000 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70.00 (vi) 36,001 to 44,000 lbs. . ............................. 115.00
(vii) 44,001 to 54,999 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190.00 (viii) 55,000 to 63,280 lbs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300.00 (ix) 63,281 lbs. to maximum permitted ..................... 400.00 (B) Subparagraph (A) ofthis paragraph notwithstanding: (i) A straight truck which is not a truck-tractor shall not be classified higher than $75.00; (ii) A straight truck hauling fertilizer or agricultural products shall not be classified higher than $3 1.00; and (iii) A truck-tractor hauling fertilizer, milk, or crops as defined in paragraph (7 .1) of Code Section 1-3-3 shall not be classified higher than $220.00;'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION2. Said article is further amended in Code Section 40-2-152, relating to fees for apportionable vehicles and restricted license plates for vehicles, by striking subsection (t) of said Code section and inserting in its place the following:
"(t) A truck or a truck-tractor hauling fertilizer, milk, or crops as defined in paragraph (7.I ) of Code Section I-3-3 shall be issued a restricted license plate with the fee computed in accordance with Code Section 40-2-151:

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

PENAL INSTITUTIONS - SEXUAL OFFENDER REGISTRY; APPUCABIUTY; NOTIFICATION
OF DISCHARGE AND EXONERATION.
No. 790 (House Bill No. 1093).
AN ACT
To amend Code Section 42-l-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 persons sentenced pursuant to Article 3 of Chapter 8 of Title 42, relating to first offenders; to change certain definitions; to provide for the clerk of court to notifY certain persons of a defendant's order of discharge and exoneration pursuant to Article 3 of Chapter 8 ofTitle 42; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 42-l-12 of the Official Code of Georgia Annotated, relating to the state sexual offender registry, is amended by striking paragraphs (3) and (4) of subsection (a) and inserting in lieu thereof the following:
'(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. 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

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this title, relating to first offenders, shall be subject to the registration requirements ofthis Code section for the period oftime prior to the defendant's discharge after completion of his or her sentence or upon the defendant being adjudicated guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to hitve 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 ofthis Code section upon the defendant's discharge.
(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 ofthe 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, 200 I, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory ofthe 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 ofminors engaged in sexually explicit conduct; or (xi) Any conduct which, by its nature, is a sexual offense against a minor.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(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. (D) For purposes of this paragraph, 'criminal offense against a victim who is a minor' shall not include conduct which, by its nature, is a sexual offense against a victim who is 13 years of age or older when the defendant enters a first offender plea pursuant to Article 3 of Chapter 8 ofthis title:

SECTION2. Said Code section is further amended by adding a new subsection (n) to the end of the Code section to read as follows:
"(n) Within ten days ofthe filing of a defendant's discharge and exoneration of guilt pursuant to Article 3 of Chapter 8 of this title, the clerk of court shall transmit the order of discharge and exoneration to the Georgia Bureau of Investigation and any sheriff maintaining records required under this Code section.

SECTION3. This Act shall become effective on July I, 2004, and shall apply to sentences imposed on or after July I, 2004.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

AGRICULTURE- FARMERS' MARKETS; INSPECTION; UCENSURE.
No. 79I (House Bill No. II86).
AN ACT
To amend Article 2 of Chapter I 0 of Title 2 of the Official Code of Georgia Annotated, relating to farmers markets, so as to define a term relative to farmers' markets; to change certain provisions relating to a license required to sell in farmers' markets and consent to inspection ofproperty; to change certain provisions relating to suspension or revocation of registration, license, or permit, procedure, and enforcement of laws, regulations, or orders; to change certain provisions relating to prohibited acts; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2004 SESSION

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 10 of Title 2 of the Official Code of Georgia Annotated, relating to farmers' markets, is amended in Code Section 2-10-52, relating to definitions, by inserting a new paragraph to read as follows:
"(4.1) 'License' means revocable written permission from the Commissioner on a form prescribed by him or her whereby a person or entity has limited authority to enter the property of a farmers' market to offer for sale and sell sundry items at such market. Such a license is a mere privilege and does not confer upon the licensee any title, interest, or estate in any such market, its premises, or any space thereof"

SECTION2. Said article is further amended by striking Code Section 2-10-59, relating to a license required to sell in farmers markets and consent to inspection of property, and inserting in lieu thereof the following:
n(a) In order that the department may better manage the farmers' markets authorized by this article and to thereby facilitate the use of such farmers markets by the citizens of this state, all persons and their employees, agents, and designees desiring to sell or to offer for sale any items at any farmers' market which charges a gate fee must first obtain a license for this purpose from the Commissioner. A license may be refused, suspended, or revoked in accordance with Code Section 2-10-60. (b) By applying for a license or by operating under such license, the applicant or licensee, as the case may be, gives express consent for authorized representatives of the Commissioner to enter upon and inspect all property owned, leased, rented, controlled, or used at the farmers' market by the applicant or licensee. (c) The license required by this Code section is in addition to all other applicable licensing laws and shall not constitute an exemption or waiver thereof (d) Any person who enters upon the premises of a farmers market to sell or offer for sale any items at such market without the license required by subsection (a) of this Code section, if applicable, shall be subject to removal immediately from the fanners market.

SECTION3. Said article is further amended by striking Code Section 2-10-60, relating to suspension or revocation of registration, license, or permit, procedure, and enforcement of laws, regulations, or orders, and inserting in lieu thereof the following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'2-1 0-60. Any other provision of this title or Article 1 of Chapter 13 of Title 50 to the contrary notwithstanding:
( 1) When the Commissioner, either through investigation or otherwise, has determined that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by any provision of this article or rule promulgated in support of this article governing activities for which registration with or a license or permit from the department is required, whether or not such person has so registered or obtained such a license or permit, the Cmmnissioner may issue an administrative order, if he or she deems it to be in the public interest or necessary for the protection ofthe citizens of this state, prohibiting such person from continuing such act, practice, or transaction or suspending or revoking any such registration, license, or permit held by such person. The administrative order shall be final and effective ten days after issuance. The administrative order and notice of right to a hearing shall be served in person by the Commissioner or his or her agent or by certified mail or statutory overnight delivery, return receipt requested. The person or persons to whom the administrative order is issued may within ten days of issuance petition the department for a hearing. A petition for hearing shall be deemed filed on the date the department receives such petition, or when mailed by first class mail, proper postage attached, properly addressed directly to the department, whichever date first occurs. The petitioner shall simultaneously serve a copy of such petition by certified mail, overnight mail, or personal service upon the Attorney General. If the person timely petitions the department for a hearing, the administrative order shall be stayed pending any administrative hearing until a final decision is rendered by the Commissioner. The administrative hearing shall be the forum in which the licensee may demonstrate that at the time of any alleged violation the licensee was in full compliance with the law; (2) If the Commissioner has reasonable cause to believe that an act, practice, or transaction is occurring or is about to occur, and that such act, practice, or transaction would constitute an imminent peril to the public safety or welfare requiring emergency action, the Commissioner may issue an emergency order to be effective immediately. The emergency order shall contain findings to such effect and reasons for the determination, along with notice of right to a hearing. The person or persons to whom the emergency order is issued may within five days of issuance petition the department for a hearing on the administrative order. If such person timely petitions the department for a hearing, the administrative order shall be stayed pending any administrative hearing until a final decision is rendered by the Commissioner;

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(3) Upon a timely request for hearing, the Commissioner shall schedule a hearing and appoint or designate a hearing officer to conduct the hearing for the taking of evidence and the issuance of a decision; (4) Except where in conflict with the express provisions of this Code section and the reasonable implication of such provisions, the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' relating to contested cases shall be applicable to the actions of the Commissioner taken pursuant to this Code section and to the conduct and judicial review of any hearings held as a result thereof; (5) The Commissioner may institute actions or other legal proceedings in any superior court of proper venue as may be required for the enforcement of any law or regulation governing activities for which registration with or a license or permit from the department is required; (6) The Commissioner may prosecute an action in any superior court ofproper venue to enforce any order made by him or her pursuant to this Code section; and (7) In cases in which the Commissioner institutes an action or other legal proceeding or prosecutes an action to enforce his or her order, the superior court may, among other appropriate relie( issue a temporary restraining order or a preliminary, interlocutory, or permanent injunction restraining or enjoining persons and those in active concert with them from engaging in any acts, practices, or transactions prohibited by orders of the Commissioner or any law or regulation governing activities for which registration with or a license or permit from the department is required. In any such action, it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law:

SECTION4. Said article is further amended by striking Code Section 2-10-62, relating to prohibited acts, and inserting in lieu thereof the following:
"2-1 0-62. (a) It shall be unlawful for any person on a farmers market to:
(I) Engage in deceptive or dishonest trade practices; (2) Do any act or use any language insulting to another tenant or customer; intimidate a shopper into purchasing his or her products; attempt to fix the price of products of any other farmer, vendor, or merchant; or circulate false reports tending to upset or destroy the operation ofthe market; (3) Use any profane, abusive, or discourteous language on the market; (4) Break, deface, or destroy any part of a building upon the market; interfere with electrical fixtures or wiring; or do any act tending to destroy the physical properties ofthe market;

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(5) Move any cull agricultural products from any farmers' market for any purpose other than use as garbage or livestock feed or for dumping; (6) Sell, offer, or expose for sale any products not meeting the requirements ofthe laws ofthis state relating to weights and measures; (7) Use any false pack; (8) Sublet any stall or space without the express written approval of the Commissioner; (9) Fail or refuse to ren10ve any vehicle or property upon direction of the farmers' market manager; (I 0) Erect any facility or structure upon a farmers' market without the express written approval ofthe Commissioner; or (II) Sell or offer for sale any items at a farmers' market without the license required by subsection (a) ofCode Section 2-10-5 9, if applicable. (b) Any person who violates any provision of this Code section shall be guilty of a misdemeanor."

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

Approved May 17, 2004.

CRIMES -DRUG TRAFFICKING; ECSTACY.
No. 792 (House Bill No. 1441).
AN ACT
To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new offense relative to trafficking in 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, commonly known as ecstacy; 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:

GEORGIA lAWS 2004 SESSION

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SECTION 1. Article 2 of Chapter I3 of Title I6 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, is amended by adding a new Code section to the article to read as follows:
'I6-13-31.1. Any person who knowingly sells, manufactures, delivers, brings into this state, or has possession of 28 grams or more of 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine, or any mixture containing 3,4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine as described in Schedule L in violation of this article commits the felony offense of trafficking in 3, 4-methylenedioxyamphetamine or 3, 4-methylenedioxymethamphetamine and, upon conviction thereof; shall be punished as follows:
(I) If the quantity of such 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 three years but not more than 30 years and shall pay a fine ofnot less than $25,000.00 nor more than $250,000.00; (2) If the quantity of such 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 five years but not more than 30 years and shall pay a fine ofnot less than $50,000.00 nor more than $250,000.00; and (3) Ifthe quantity of such substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of I 0 years but not more than 30 years and shall pay a fine of not less than $I 00,000.00 nor more than $250,000.00." To strike subsection (t) of Code Section 16-13-32.6 to insert in lieu thereof a new subsection (t) to read as follows:

SECTIONlA. (t) The General Assembly hereby adopts and incorporates into this Code section all drug-free commercial zones which have been adopted by municipal or county ordinance and entered in the register of the Department of Community Affairs as provided for in subsection (d) ofthis Code section on or before March I0, 2004.

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CRIMES -VEHICLES ENGAGED IN COMMERCIAL TRANSPORTATION; PENALTIES.

No. 793 (House Bill No. I456).

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 aggravated assault; to change certain provisions relating to penalties for various theft offenses under Code Sections I6-8-2 through 16-8-9; to change certain provisions relating to anned robbery, robbery by intimidation, and taking a controlled substance from a phannacy in the course of committing such offense; 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 in Code Section 16-5-2I, relating to aggravated assault, by inserting a new subsection to read as follows:
'(f I) Any person who connnits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated tx~.uipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five years nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. For purposes of this subsection, the term 'vehicle' includes without limitation any railcar:

SECTION2. Said title is further amended in Code Section 16-8-12, relating to penalties for violations of Code Sections 16-8-2 through 16-8-9, by striking "or" at the end of paragraph (6), striking the period at the end of paragraph (7) and inserting"; or" in lieu thereof, and adding a new paragraph in subsection (a) to read as follows:
'(8) If the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, senritrailer, container, or other associated txJ.uipment, or the cargo being transported therein or thereon, by imprisonment for not less than three years nor more than ten years, a fine not less than

GEORGIA lAWS 2004 SESSION

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$5,000.00 nor more than $50,000.00, or both such fine and imprisonment. For purposes of this paragraph, the term 'vehicle' includes without limitation any railcar:

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

REVENUE~CORPORATE
ATTRACTIONS; SALES TAX EXEMPTION.
No. 794 (House Bill No. 1528).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide for an exemption with respect to sales of certain tangible personal property to, or used in the construction of, certain corporate attractions; to provide for procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking "or" at the end of paragraph (76), by striking the period at the end of paragraph (77) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (77) to be designated paragraph (78) to read as follows:
'(78)(A) Notwithstanding any provision of Code Section 48-8-63 to the contrary, from the effective date of this paragraph until December 31, 2007, sales oftangible personal property to, or used in or for the new construction of an eligible corporate attraction. (B) As used in this paragraph, the term: 'corporate attraction' means any tourist attraction facility constructed on or after the effective date of this paragraph dedicated to the history and products of a corporation which costs exceeds $50 million, is greater than 60,000 square feet of space, and has

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GENERAL ACTS AND RESOLUTIONS, VOL. I

associated facilities, including but not limited to parking decks and landscaping owned by the same owner as the eligible corporate attraction. (C) Any person making a sale of tangible personal property for the purpose specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with an exemption determination letter issued by the commissioner certifYing that the purchaser is entitled to purchase the tangible personal property without paying the tax."

SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

LABOR- EMPLOYMENT SECURITY BENEFITS; ALTERNATIVE BASE PERIOD; CONTRIBUTION RATE.
No. 796 (House Bill No. 1555).
AN ACT
To amend Chapter 8 of Title 34 ofthe Official Code of Georgia Annotated, relating to employment security, so as to provide for the lifting of the sunset provision of the alternative base period; to extend the suspension of the surcharge on the employer contribution rate based upon the State-wide Reserve Ratio; 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 lifting the sunset on the alternative base period by striking Code Section 34-8-21, relating to the definition of "base period," and inserting in lieu thereof the following:

GEORGIA LAWS 2004 SESSION

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"34-8-21. (a) Except as provided in subsection (b) of this Code section, as used in this chapter, the term 'base period' means the first four of the last five completed calendar quarters innnediately preceding the first day of an individual's benefit year; provided, however, that, in the case of a combined wage claim under Code Section 34-8-80, the base period shall be that applicable under the unemployment compensation law ofthe paying state. (b) If an individual does not have sufficient wages to qualify for benefits under the definition ofbase period in subsection (a) ofthis Code section, then his or her base period shall be calculated using the last four completed quarters innnediately preceding the first day ofthe individual's benefit year. Such base period shall be known as the 'alternative base period.' Applicants shall receive written notice of the alternative base period. Implementation of the alternative base period shall commence on January 1, 2003. Implementation of the alternative base period under this subsection shall be under such terms and conditions as the Commissioner may prescribe by rules and regulations. All benefit payments made under this subsection shall be paid exclusively from amounts credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the federal Social Security Act, as amended by the Job Creation and Worker Assistance Act of 2002 (P.L. 107-147)."

SECTION2. Said chapter is further amended by striking subparagraph (d)(4)(B) ofCode Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in lieu thereof 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 (t) ofCode 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:
Ifthe 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

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GENERAL ACTS AND RESOLUTIONS, VOL. I

0.75 percent

1.25 percent

75 percent

Under 0.75 percent

100 percent

provided, however, that for the period of January I through December 31, 2005, 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."

SECTION3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION4. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

LOCAL GOVERNMENT- MUNICIPAL PROPERTY; LEASES FOR RECREATION PURPOSES.
No. 797 (House Bill No. 1565).
AN ACT
To amend Code Section 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, so as to provide that the General Assembly may by local Act authorize a municipal corporation to lease municipal property for up to five years with options to renew for three additional five-year periods to a nonprofit corporation for certain purposes related to recreation; to provide restrictions; to provide for insurance coverage and indemnity; to provide for the termination of any sum lease; 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 36-37-6 of the Official Code of Georgia Annotated, relating to the disposition of municipal property generally, is amended by inserting at the end thereofthe following:
'(j)(1) Notwithstanding any provision of this Code section or any other law to the contrary, the General Assembly by local Act may authorize the governing authority of any municipal corporation to lease or enter into a contract for a valuable consideration for the operation and management, and renewals and extensions thereo( of any real or personal property comprising fairgrounds, ballfields, golf courses, swimming pools, or other like property used primarily for recreational purposes for a period not to exceed five years to a nonprofit corporation which is qualified as exempt from taxation under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 that will covenant to use and operate the property for annual regional fair purposes or to continue the recreational purpose to which the property was formerly used and intended on a nondiscriminatory basis for the use and benefit of all citizens of the community; provided, however, that nothing in this subsection shall have the affect of authorizing alienation of title to such property in derogation of rights, duties, and obligations imposed by prior deed, contract, or like document of similar import or that would cause the divesting of title to property dedicated to public use and not subsequently abandoned; and provided further, that the lessee or contractee under a management contract shall not mortgage or pledge the property as security for any debt or incur any encumbrance that could result in a lien or claim of lien against the property. The lease or management contract may provide for options to renew such lease or management contract for not more than three renewal periods and each such renewal period shall not be greater than the original length of such lease or management contract. As a condition of any lease or management contract, the lessee or contractee shall provide and maintain in force and effect throughout the term of such lease or management contract sufficient liability insurance, in an amount not less than $1 million per claim, no aggregate, naming the municipality as a named insured, shall assume sole responsibility for or incur liability for any injury to person or property caused by any act of omission of such person while on the property, and shall agree to indenmify the municipality and hold it harmless from any claim, suit, or demand made by such person. As an additional condition of any such lease or management contract, the lessee or contractee shall provide to and maintain with the municipality a current copy of the liability insurance policy, including any changes in such policy or coverages as such changes occur, and shall provide proof monthly in writing to the municipality that the lessee or contractee has in force and effect the liability insurance required by this paragraph which the municipality shall retain on file. As a further condition of any lease or management contract, the lessee or

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contractee shall agree to indenmify the municipality and hold it harmless from any claim, suit, or demand arising out of any improvements to the property or any indebtedness or obligations incurred by the lessee or contractee in making any such improvements to such property. When the lessee or contractee charges any person to enter or go upon the land for the purpose of attending the annual regional fair or for attending or participating in recreational purposes, the consideration received by the municipal corporation for the lease or management contract shall not be deemed a charge within the meaning of Article 2 of Title 51. (2) Any governing authority entering into a lease as provided in paragraph (1) of this subsection shall have the right unilaterally to terminate such lease after giving three months' notice of its intention to do so. (3) Any lease entered into as provided in paragraph (1) ofthis subsection shall be automatically terminated upon conviction of the lessee or contractee for any offense involving the conduct of unlawful activity. In such event, any improvements to the property made by the lessee shall be forfeited. The municipality shall not be liable in any manner or subject to suit for any indebtedness or other obligations of the lessee or contractee associated with any such improvements to the property and shall take such improvements free and clear of any such indebtedness or other obligations:

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

STATE GOVERNMENT- DEPARTMENT OF TECHNICAL AND ADULT
EDUCATION; WRITE OFF AMOUNTS.
No. 798 (House Bill No. 1582).
AN ACT
To amend Code Section 50-16-18 of the Official Code of Georgia Annotated, relating to writing off small amounts due to the state, so as to provide that the Department of Technical and Adult Education may write off amounts up to $3,000.00; to provide an automatic repeal; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

GEORGIA LAWS 2004 SESSION

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SECTION 1. Code Section 50-16-18 of the Official Code of Georgia Annotated, relating to writing off small amooots due to the state, is amended by striking in its entirety subsection (b) and inserting in lieu thereofthe following:
'(b) All state agencies and departments, in order to preserve public fimds, are authorized to develop appropriate standards, in conjooction with the Department of Audits and Accooots, 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 amooot unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education, in which case the obligation or charge in favor ofthe institution Wider the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education may be $3,000.00 or any lesser amooot. 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 ooquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amooot 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 or the Department of Technical and Adult Education, has been deemed to be oocollectable, the proper individual making such determination shall transmit a 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 or judicially the accooot 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 oocollectable accooots 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.

SECTION2. This Act shall be repealed in its entirety on Jooe 30, 2006.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

KEITH KALIAND MEMORIAL HIGHWAY; DESIGNATE.

No. 801 (House Resolution No. 132).

A RESOLUTION

Designating the Keith Kalland Memorial Highway; and for other purposes.

WHEREAS, Keith Kalland will be long remembered by Atlantans and the countless commuters who valued the daily traffic reports from this wonderful voice in the sky; and

WHEREAS, he was known as the "King of Alternates" given his extraordinary knowledge of all the possible roadways that drivers might use to avoid the tremendous traffic snarls confronting metro commuters at all hours of the day; and

WHEREAS, his wonderful wit and clever lines always seemed to ease the irritation of most drivers as they dealt with the "ubiquitous ladder in the road" hazards and the constant reminder that "You have all weekend to get home"; and

WHEREAS, in addition to his marvelous traffic reports, Keith was a dedicated volunteer for the March of Dimes, Muscular Dystrophy Association, and American Diabetes Association; and this very popular guy was a dear father to two very fortunate sons, Robbie and Jolm, and he found time to give back to his community and state in many meaningful ways.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion ofl-20 South at Georgia Highway 138 South to Georgia Highway 20 South to Georgia Highway 212 be designated as the Keith Kalland Memorial Highway in memory of this highly respected traffic safety reporter, and the Department of Transportation is authorized and directed to erect and maintain signs so designating the highway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Kalland family and to the Commissioner ofTransportation.

Approved May 17, 2004.

GEORGIA LAWS 2004 SESSION

1081

REPEAL APPliCATIONS CAUJNG FOR CONSTITUTIONAL CONVENTIONS.

No. 802 (House Resolution No. 1343).

A RESOLUTION

Rescinding, repealing, canceling, voiding, nullifYing, and superseding any and all prior applications by the General Assembly heretofore made during any session thereof to the Congress of the United States of America to call a convention pursuant to the terms of Article V of the United States Constitution for proposing one or more amendments to that Constitution and urging the legislatures of other states to do the same; and for other purposes.

WHEREAS, the General Assembly of the State of Georgia, acting with the best of intentions, has, at various times and during various sessions, previously made applications to the Congress of the United States of America to call one or more conventions to propose either a single amendment concerning a specific subject or to call a general convention to propose an unspecified and unlimited number of amendments to the United States Constitution, pursuant to the provisions ofArticle V thereof; and

WHEREAS, the General Assembly during its 1952 Regular Session passed Resolution Act No. 53 (Ga. L. 1952, p. 472), applying to Congress for a constitutional convention for the limited purpose of proposing an amendment to the Constitution concerning treaty powers; and

WHEREAS, the General Assembly during its 1952 Regular Session passed Resolution Act No. 61 (Ga. L. 1952, p. 480), applying to Congress for a constitutional convention for the limited purpose of proposing an amendment to the Constitution concerning limiting taxation; and

WHEREAS, the General Assembly during its 1955 Regular Session passed Resolution Act No.2 (Ga. L. 1955, p. 4), applying to Congress for a constitutional convention for the limited purpose of proposing an amendment to the Constitution concerning the independence of state schools; and

WHEREAS, the General Assembly during its 1959 Regular Session passed Resolution Act No. 45 (Ga. L. 1959, p. 383), applying to Congress for a constitutional convention for the limited purpose of proposing an amendment to the Constitution concerning the independence of state schools; and

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WHEREAS, the General Assembly during its 1961 Regular Session passed Senate Resolution No. 39, applying to Congress for a constitutional convention for the limited purpose of proposing an amendment to the Constitution concerning the authority ofthe Supreme Court; and

WHEREAS, the General Assembly during its 1965 Regular Session passed Resolution Act No. 89 (Ga. L. 1965, p. 559), applying to Congress for a constitutional convention for the limited purpose of proposing an amendment to the Constitution concerning the independence of state schools; and

WHEREAS, the General Assembly during its 1967 Regular Session passed Resolution Act No. 96 (Ga. L. 1967, p. 894), applying to Congress for a constitutional convention for the limited purpose ofproposing an amendment to the Constitution concerning refi.mds of federal taxes to the states; and

WHEREAS, the General Assembly during its 1976 Regular Session passed Resolution Act No. 93 (Ga. L. 1976, p. 184), applying to Congress for a constitutional convention for the limited purpose of proposing an amendment to the Constitution concerning a federal balanced budget; and

WHEREAS, the General Assembly during its 1991 Regular Session passed House Resolution No. 105 (Ga. L. 1991, p. 2041), applying to Congress for a constitutional convention for the limited purpose ofproposing an amendment to the Constitution with respect to disrespectful actions involving the United States flag and the flags ofthe several states; and

WHEREAS, former Chief Justice of the United States Supreme Court Warren E. Burger, former Associate Justice of the United States Supreme Court Arthur J. Goldberg, and other leading constitutional scholars agree that such a convention may propose sweeping changes to the Constitution, any limitations or restrictions purportedly imposed by the states in applying for such a convention or conventions to the contrary notwithstanding, thereby creating an imminent peril to the well-established rights of the citizens and the duties of various levels of government; and

WHEREAS, the Constitution of the United States of America has been amended many times in the history of this nation and may be amended many more times without the need to resort to a constitutional convention, and has been interpreted for more than two hundred years and has been found to be a sound document which protects the lives and liberties ofthe citizens; and

GEORGIA IAWS 2004 SESSION

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WHEREAS, there is no need for and there is in fact great danger in a new constitution or in opening the Constitution to sweeping changes, the adoption of which would only create legal chaos in this nation and only begin the process of another two centuries oflitigation over its meaning and interpretation.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the General Assembly does hereby rescind, repeal, cancel, void, nullity, and supersede, to the same effect as if they had never been passed, any and all prior applications by the General Assembly to the Congress ofthe United States of America to call a convention to propose amendments to the Constitution of the United States of America, pursuant to the terms of Article V thereof, regardless of when and regardless of whether such applications were for a more limited convention to propose one or more amendments regarding one or more specific subjects and purposes or for a general convention to propose an unlimited number of amendments upon an unlimited number of subjects.

BE IT FURTHER RESOLVED that the General Assembly hereby specifically repeals Resolution Act No. 53 (Ga. L. 1952, p. 472), passed during the 1952 Regular Session of the Georgia General Assembly; Resolution Act No. 61 (Ga. L. 1952, p. 480), passed during the 1952 Regular Session of the Georgia General Assembly; Resolution Act No. 2 (Ga. L. 1955, p. 4), passed during the 1955 Regular Session of the Georgia General Assembly; Resolution Act No. 45 (Ga. L. 1959, p. 383), passed during the 1959 Regular Session of the Georgia General Assembly; Senate Resolution No. 39, passed during the 1961 Regular Session of the Georgia General Assembly; Resolution Act No. 89 (Ga. L. 1965, p. 559), passed during the 1965 Regular Session of the Georgia General Assembly; Resolution Act No. 96 (Ga. L. 1967, p. 894), passed during the 1967 Regular Session of the Georgia General Assembly; Resolution Act No. 93 (Ga. L. 1976, p. 184), passed during the 1976 Regular Session of the Georgia General Assembly; and House Resolution No. 105 (Ga. L. 1991, p. 2041), passed during the 1991 Regular Session ofthe Georgia General Assembly.

BE IT FURTHER RESOLVED that the General Assembly urges the legislatures of each and every state that has applied to Congress to call a convention for either a general or limited constitutional convention to repeal and withdraw such applications.

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 presiding officers of both houses of the legislatures of each state in the Union, the President of the United States Senate, the Speaker of the United States House of

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Representatives, each member of the Georgia Congressional delegation, and the Administrator of General Services.

Approved May 17, 2004.

MOTOR VEHICLES -TRAFFIC-CONTROL DEVICE PREEMPTION EMITTERS.
No. 803 (House Bill No. 1113).
AN ACT
To amend Article 1 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, so as to prohibit the use, possession with the ability to use, sale, and purchase of traffic-control device preemption emitters or similar devices by any person other than law enforcement, fire department, or emergency personnel; to provide for criminal 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 6 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions regarding uniform rules of the road, is amended by adding a new Code section at the end thereof; to be designated Code Section 40-6-17, to read as follows:
'40-6-17. (a) As used in this Code section, the term 'traffic-control device preemption emitter' means a mobile infrared transmitter or any other similar device which transmits an infrared beam, radio wave, or other signal used for the purpose of changing, altering, disabling, or disrupting the normal signal sequence of a traffic-control device. (b) It shall be unlawful for any person other than law enforcement, fire department, or emergency personnel to use, possess with the ability to use, sell, or purchase a traffic-control device preemption emitter. (c) Any person who violates subsection (b) of this Code section shall be guilty of a misdemeanor.

GEORGIA IAWS 2004 SESSION

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SECTION2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

SOCIAL SERVICESDAY-CARE FACIUTY INSURANCE.
No. 805 (Senate Bill No. 24).
AN ACT
To amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal of license, penalties, and violations, so as to provide that the Department of Human Resources recommend insurance coverage to the owner of any day-care center, family day-care home, group day-care facility, group day-care home, or child learning center; to provide that any such facility which is not covered by liability insurance shall post that fact in a conspicuous place in the facility; to provide for notice to the parent or guardian of each child under the care of the facility; to provide that each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing and inspection of child welfare agencies and child care facilities, standards, revocation or refusal oflicense, penalties, and violations, is amended by inserting at the end thereof the following:
"(t) The department shall recommend in writing to the owner of any facility operated as a day-care center, family day-care home, group day-care facility, or group day-care home or any child learning center licensed by the Office of School Readiness that such facility carry liability insurance coverage sufficient

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GENERAL ACTS AND RESOLUTIONS, VOL. I

to protect the facility's clients. Any such facility which after receiving such recommendation is not covered by liability insurance shall post that fact in a conspicuous place in the facility and shall notifY the parent or guardian of each child under the care of the facility in writing. Such notice shall be in at least one-half inch letters. Each such parent or guardian must acknowledge receipt of such notice in writing and a copy of such acknowledgment shall be maintained on file at the facility at all times while the child attends the facility and for 12 months after the child's last date of attendance. Failure to do so may subject the owner of the facility to a civil fine of$1,000.00 for each such infraction."

SECTION2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

PURPLE HEART HIGHWAY; DESIGNATE.
No. 806 (House Resolution No. 398).
A RESOLUTION
To dedicate a portion of State Route 232 in Columbia County as the "Purple Heart Highway"; and for other purposes.
WHEREAS, veterans of the armed forces of the United States have established an outstanding record ofvalor and service during periods of conflict; and
WHEREAS, the exceptional leadership, courage, and commitment demonstrated by those who have served their country in times of war have created a proud and noble heritage; and
WHEREAS, those veterans who have been wounded in the line of duty are recognized for their extraordinary valor, sacrifice, and service to their country through the award ofthe Purple Heart; and
WHEREAS, it is only fitting that the contributions of these brave men and women who have received the Purple Heart be properly recognized; and

GEORGIA lAWS 2004 SESSION

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WHEREAS, the A. James Dyess Military Order of the Purple Heart, Chapter 425, and the CSRA Thomas L. Moore Chapter 544 of the Vietnam Veterans of America have requested that the portion of Georgia State Route 232 in Columbia County extending from its intersection with State Route I 04 to its intersection with State Route 47 be dedicated as the "Purple Heart Highway."

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia State Route 232 in Columbia County extending from its intersection with State Route I 04 to its intersection with State Route 47 be dedicated as the "Purple Heart Highway."

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the "Purple Heart 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 Board of Commissioners of Columbia County; the A. James Dyess Military Order ofthe Purple Heart, Chapter 425; and the CSRA Thomas L. Moore Chapter 544 of the Vietnam Veterans ofAmerica.

Approved May I7, 2004.

ROSA PROCTOR INTERSECTION DESIGNATED; PORTION OF BATTLEFIELD PARKWAY
DEDICATED IN MEMORY OF BAXTER SHAVERS; INTERSECTION NAMED IN HONOR OF ROBERT L. AND SALLY THOMPSON.
No. 807 (House Resolution No. 59I).
A RESOLUTION
Honoring Mrs. Rosa Proctor and designating the Rosa Proctor Intersection; dedicating a portion of the Battlefield Parkway in Catoosa County to the memory of Baxter Shavers; and for other purposes.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, when Rosa Proctor and her late husband Cary Proctor began looking for a place to build their first home in 193 5 in Milledgeville, Georgia, they settled on a 40 acre lot in what became the Pettigrew Road area; and

WHEREAS, after building the house, the Proctors set out to get a road for the area, which they accomplished by donating to the county the strip of land which they owned where the road was to be; and

WHEREAS, in 1939, a much needed bridge was built in the Pettigrew Road area to connect Georgia 49 to Georgia 22, which greatly improved traveling conditions for the residents in the area; and

WHEREAS, the wooden bridge, known as "little Fishing Bridge," was made possible by another donation oftheir land by Cary and Rosa Proctor; and

WHEREAS, over the ensuing 60 years, the wooden bridge had been worn out numerous times due to rain and traffic and its frequent closings had been a source of frustration for residents, including Mrs. Proctor, for many years; and

WHEREAS, in 2002, construction began on a $670,000.00 concrete bridge fimded by the Federal Highway Bridge Safety Program; and

WHEREAS, in order to get the right of way for the bridge, the county had to obtain land from five homeowners in the area, and like she and her husband had done twice before, Mrs. Proctor readily donated half an acre, free of charge; and

WHEREAS, the Pettigrew Road Bridge formally opened on July I, 2003, with 91 year-old Rosa Proctor as an honored guest; and

WHEREAS, Baxter Shavers, a deputy sheriff of Catoosa County, sacrificed his life in the line of duty in April 1978, in the attempt to apprehend an armed robbery suspect; and

WHEREAS, it is fitting and proper that the sacrifice of Baxter Shavers in the line of duty in protecting the citizens of Catoosa County and this state be recognized appropriately.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that in appreciation of her consistent generosity, foresight, and dedication to the public good, the intersection of SR 22 and Pettigrew Road in Milledgeville, Georgia, is hereby designated the Rosa Proctor Intersection.

GEORGIA LAWS 2004 SESSION

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BE IT FURTHER RESOLVED that the Battlefield Parkway, Georgia State Highway 2, from its intersection with U.S. Highway 27 to its intersection with U.S. Highway 41 in Catoosa CoWity be dedicated to the memory of Baxter Shavers.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain signs so identifYing the bridge and highway.

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 to Mrs. Rosa Proctor.

BE IT FURTHER RESOLVED that the intersection ofSR 13 9 (Mableton Parkway) and U.S. 78 (Veterans' Memorial Highway) shall be named in honor of the late Robert L. and Sally Thompson who were pioneers during this commWlity' s growth.

Approved May 17, 2004.

JOHN PELHAM MEMORIAL PARKWAY; DESIGNATE.
No. 808 (House Resolution No. 1190).
A RESOLUTION
Commending John Pelham and designating the John Pelham Memorial Parkway; and for other purposes.
WHEREAS, John Pelham, was born near Alexandria, Alabama, September 7, 183 8; and he was educated at the United States Military Academy at West Point, where he was known by his fellow cadets as a gentleman in the highest sense of the term; and
WHEREAS, he proved to be a very gifted soldier with a genius for terrain, and even today is still a model for the successful commander of Armor, that descendant of the old cavalry which also combines speed and power, and due to his achievements in the field of battle he was known as the most glorious of all artillerymen, "the gallant Pelham"; and
WHEREAS, John Pelham, who rose to the rank of Major was mortally woWided in battle on March 17, 1863, at the Battle ofKelly's Ford, Virginia; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, he was awarded the Medal of Honor as a result of his distinguished military career; and

WHEREAS, the City of Pelham, located in Mitchell County, Georgia, was named after him; and

WHEREAS, his selfless and heroic actions stand as a shining tribute to the strength of hwnan spirit and willpower, and it is abundantly fitting and proper that the outstanding accomplislunents of this remarkable and distinguished American be recognized appropriately.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend John Pelham for his efficient, effective, unselfish, and dedicated public service to the citizens of his country and state.
BE IT FURTHER RESOLVED that the portion of State Highway 300 which passes through the city limits of the City of Pelham be designated as the John Pelham Memorial Parkway.
BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the John Pelham Memorial Parkway.

Approved May 17, 2004.

PURPLE HEART HIGHWAY; DESIGNATE.
No. 809 (House Resolution No. 1191 ).
A RESOLUTION
Designating the Purple Heart Highway; and for other purposes.
WHEREAS, members of the armed forces ofthe United States have defended and continue to defend our nation against those who transgress and act against our national interests and seek to tarnish the principles of freedom; and
WHEREAS, countless soldiers, sailors, airmen, and marines have been wounded and have given their lives in defense ofthe United States; and

GEORGIA LAWS 2004 SESSION

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WHEREAS, the Purple Heart medal is awarded to those service members who have been killed or wmmded in the line of duty; and

WHEREAS, these recipients of the Purple Heart medal deserve the thanks, recognition, and respect of all Harris County citizens for their service and devotion to our county, state, and nation; and

WHEREAS, it is abundantly fitting and proper that the many achievements, accomplishments, and contributions of the recipients of tl1e Purple Heart medal be appropriately recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the length of Georgia Highway 354 beginning just west of Pine Mountain at Highway 18 and continuing east through Pine Mountain Valley to the intersection of Highway 116 is designated as the Purple Heart Highway, and the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Purple Heart Highway.

BE IT FURTHER RESOLVED that the Clerk ofthe House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the Chipley Historical Center of Pine Mountain.

Approved May 17, 2004.

BURKE i::r VETERANS
PARKWAY; DESIGNATE.
No. 810 (House Resolution No. 1262).
A RESOLUTION
Honoring the Military Veterans of Burke County and designating the Burke i::r
Veterans Parkway; and for other purposes.
WHEREAS, many residents of Burke County have served their country with honor and distinction as members ofthe United States armed forces; and
WHEREAS, it is fitting and proper that the outstanding accomplishments and sacrifices ofthese distinguished Americans be recognized appropriately.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the Military Veterans of Burke County for their gallant service to their country and state.

BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the 121 Bypass around the eastern side of the City of Waynesboro be designated the Burke fr Veterans Parkway.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized
and directed to place and maintain appropriate markers designating the Burke i::r
Veterans Parkway.

BE IT FURTHER RESOLVED that the Clerk ofthe House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation.

Approved May 17,2004.

BOARD OF COMMUNITY AFFAIRS; RATIFY TRANSPORTATION PLANNING.
No. 811 (House Resolution No. 1308).
A RESOLUTION
Ratifying the action of the Board of Community Affairs incorporating certain portions of certain counties into the Atlanta Regional Commission for certain purposes only; to provide for an effective date; and for other purposes.
WHEREAS, Code Section 50-8-82 of the O.C.G.A. provides for the creation of metropolitan area planning and development commissions (MAPDC's) in certain areas of this state, and the Atlanta Regional Commission (ARC) is one such MAPDC; and
WHEREAS, Code Section 50-8-83 of the O.C.G.A. provides that a MAPDC shall be, for its area, a regional development center as defined in and with all the powers, duties, and obligations of a regional development center set forth in Article 2 of Chapter 8 ofTitle 53 of the O.C.G.A.; and

GEORGIA LAWS 2004 SESSION

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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 ofthe General Assembly; and

WHEREAS, subsection (d) of Code Section 50-8-93 requires that MAPDC's meet federal comprehensive transportation planning laws, including but not limited to 23 U.S.C.A. 101 and 134, that require certain land areas to be placed into Metropolitan Planning Organizations (MPO's), all of which are conditions precedent to the receipt of federal funding for transportation purposes; and

WHEREAS, the United States decennial census of 2000 resulted in population density information placing portions of Barrow, Bartow, Coweta, Forsyth, Newton, Paulding, Spalding, and Walton Counties into the MPO for the current ten-county Atlanta Urbanized Area; and

WHEREAS, the Attorney General has determined that these eight counties may participate in the ARC for the limited purpose of transportation planning while remaining a member oftheir existing regional development center; and

WHEREAS, the Board of Community Affairs on February 4, 2004, adopted a resolution incorporating such portions of said eight counties into the MPO administered by the ARC, for transportation planning purposes only, pending ratification by the General Assembly; and

WHEREAS, the request for legislative ratification of said incorporation 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 incorporation.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Community Affairs' action to incorporate such portions of said eight counties into the MPO administered by the ARC, for transportation planning purposes only, adopted by said board on February 4, 2004, 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.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

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 17,2004.

BRUTON SMITH PARKWAY; DESIGNATE.
No. 812 (House Resolution No. 1341).
A RESOLUTION
Designating the Bruton Smith Parkway; and for other purposes.
WHEREAS, growing up on a modest farm near Oakboro, North Carolina, Bruton Smith parlayed his love for building things into a business empire, focusing on the motorsports and automotive industries; and
WHEREAS, Bruton Smith founded Speedway Motorsports, Inc., by consolidating his motorsports holdings in December, 1994, and in February, 1995, he made it the first ~otorsports company to trade on the New York Stock Exchange; and
WHEREAS, Speedway Motorsports owns and operates six premier motorsports facilities, including the Atlanta Motor Speedway; provides event food, beverage, and souvenir merchandising services through its Finish Line Events subsidiary; and manufactures and distributes smaller-scale, modified racing cars through its 600 Racing subsidiary; and
WHEREAS, Bruton Smith is a very active philanthropist who founded the Speedway Children's Charities in 1984, has raised more than $5 million for his causes, and received the prestigious NASCAR Award of Excellence in 1997 in recognition ofhis efforts on behalfof Speedway Children's Charities; and
WHEREAS, it is abundantly fitting and proper that the many achievements, accomplishments, and contributions of Bruton Smith in Henry County and in the State of Georgia be appropriately recognized.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Highway 20 from I-75 to the Atlanta Motor Speedway be designated as the Bruton Smith Parkway, and the Department of

GEORGIA LAWS 2004 SESSION

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Transportation is authorized and directed to place and maintain appropriate markers designating the Bruton Smith Parkway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to Bruton Smith.

Approved May 17, 2004.

REMBERT OLEN MCAFEE BRIDGE; DESIGNATE.
No. 813 (House Resolution No. 1349).
A RESOLUTION
Designating the Rembert Olen McAfee Bridge; and for other purposes.
WHEREAS, Mr. Rembert Olen McAfee was born in Gordon County on April 20, 1914, the son ofArthur McAfee and Annie Blalock McAfee, and he lived his entire life in the county ofhis birth, and he passed away on November 9, 2003; and
WHEREAS, Mr. McAfee farmed for 60 years, and his farm on the Coosawattee River was one ofthe largest and most productive farms in Gordon County; and
WHEREAS, he was a member of Oakman Baptist Church and was an Oakman School trustee, a member of Oakman Community Club, Ranger Community Club, Fairmount Ruritan, and the ASCS Committee and the Red Carpet Cattleman Association; and
WHEREAS, he generously donated to the public the land upon which the bridge over the Coosawattee River on U.S. Highway 411 was built; and
WHEREAS, Mr. McAfee was honest and straightforward in his dealings and he treated everyone with equal dignity, be he of high estate or low; and
WHEREAS, he left behind his beloved wife, Geneva Hunt McAfee, one son, three daughters nine grandchildren, eight step-grandchildren, nine great grandchildren, and 16 step-great grandchildren; and

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GENERAL ACTS AND RESOLUTIONSl VOL. I

WHEREAS, it is only right and proper that this great man be remembered and honored for his life in the community.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Coosawattee River on U.S. Highway 411 is designated the Rembert Olen McAfee Bridge, and the Department ofTransportation is authorized and directed to place and maintain appropriate markers designating the Rembert Olen McAfee 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 Mrs. Geneva Hunt McAfee and to the Department ofTransportation.

Approved May 17, 2004.

JUUEN B. RODDENBERY, SR. MEMORIAL DRIVE; DESIGNATE.
No. 814 (House Resolution No. 1373).
A RESOLUTION
Designating the Julien B. Roddenbery, Sr. Memorial Drive; and for other purposes.
WHEREAS, Julien B. Roddenbery, Sr., was a prominent businessman, philanthropist, and civic leader in the City of Cairo, Georgia, and Grady County whose substantial contributions to the community significantly improved the quality of life for his fellow citizens; and
WHEREAS, he was the chairman of the board of one of the largest pickle plants in the world employing up to 500 people and was recognized as one of the foremost industrial leaders in the South whose products were marketed and distributed throughout the United States; and
WHEREAS, he was a benefactor of the Roddenbery Memorial library and the Music and Band Building at Cairo High School and he was a contributor of scholarships for students in music, drama, and athletics and was an ardent supporter of music and recreation programs in the Grady County School System and a trustee of Cairo High School for 44 years; and

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WHEREAS, he served in World War I, was the oldest member of Cairo Masonic Lodge #2 99, a charter member of the First Kiwanis Club of Cairo, and a devoted member of the Cairo First Baptist Church and his exemplary public service is remembered with honor.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion ofSR38 known as 1st Avenue N.E. in the City of Cairo nmning from North Broad Street to US 84 is designated the Julien B. Roddenbery, Sr. Memorial Drive in remembrance of the public service of this distinguished Georgia citizen.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating the highway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation and to the Roddenbery family.

Approved May 17, 2004.

BILL CONN PARKWAY; DESIGNATE.
No. 815 (House Resolution No. 1440).
A RESOLUTION
Designating the Bill Conn Parkway; and for other purposes.
WHEREAS, Bill Conn was born on October 16, 1955, in Jones County and was educated in the Jones County public schools, Jonesco Academy, Georgia College, and the University of Georgia, and he was a realtor with Conn Realty, Inc., in Gray until his death on November 18, 1996, after battling cancer fur ten years; and
WHEREAS, Mr. Conn was instrumental in convincing local leaders of the importance and wisdom of creating a highway connecting State Route 11 and State Route 18 in Gray. The main purpose of the highway was to serve as a route for school buses transporting students to and from the public schools located on Cumslo Road. The plans that Mr. Conn prepared were presented to Georgia Commissioner of Transportation Hal Reeves and state highway engineer Charles Lewis by Gray Mayor Jimmy Roberts and State Representative Ken Birdsong, and

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GENERAL ACTS AND RESOLUTIONS! VOL. I

the concept became a priority of the Department ofTransportation, which obtained the right ofway and constructed the connector highway; and

WHEREAS, the highway conceived by Bill Conn has proven to be of extreme value to the traveling public; and

WHEREAS, it is only fitting and proper that this man of vision be honored by naming the highway in his honor.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway 18 Connector between State Route II and State Route 18 in Jones County be designated the "Bill Conn Parkway."

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the "Bill Conn Parkway."

BE IT FURTHER RESOLVED that the Clerk ofthe House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to Bill Conn s wife, Ms. Tina Conn, to his children, and to his mother, Ms. Joyce Conn.

Approved May 17, 2004.

MAX R. DAVEY BRIDGE; DESIGNATE.
No. 816 (House Resolution No. 1454).
A RESOLUTION
Designating the "Max R. Davey Bridge"; and for other purposes.
WHEREAS, news of the passing of Max R. Davey, late of Mcintyre, was received by the members of his community with deep regret by this body; and
WHEREAS, the life led by this distinguished gentleman of 78 years rendered his name dear to the hearts ofhis family and fellow citizens alike; and
WHEREAS, Mr. Davey was a former mayor and city councilman of Mcintyre; and

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WHEREAS, Mr. Davey was a native Canadian who, after receiving his mining engineering degree from the University of Toronto, made Mcintyre his home for the past 50 years and not only became a plant manager for the Engelhard Corporation but also president ofthe Georgia Mining Association; and

WHEREAS, his commitment to public service through elected office and various volunteer organizations such as the Red Cross made his community and this state a better place in which to live; and

WHEREAS, it is only fitting and proper that this man of vision be honored by naming a bridge in his honor.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the railroad tracks on the northbound lane of U.S. Highway 441 in the City of Mcintyre be designated the "Max R. Davey Bridge."

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating the "Max R. Davey Bridge."

BE IT FURTHER RESOLVED that the Clerk ofthe House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Max R. Davey.

Approved May 17,2004.

C. L. MAPP BRIDGE; DESIGNATE.
No. 817 (House Resolution No. 1455).
A RESOLUTION
Honoring the memory of Mr. C. L. Mapp and designating the "C. L. Mapp Bridge"; and for other purposes.
WHEREAS, Mr. C. L. Mapp was born in Mcintyre, Georgia, in 1920, and resided there until his death in September, 1992; and
WHEREAS, he was a member of the Usher Board of Brundage Mount Baptist Church and was the faithful employee of Engelhard Corporation, where he was a

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GENERAL ACTS AND RESOLUTIONSz VOL. I

guard in the local 237 wlion and a member of the board of directors of the Engelhard Employees Credit Union; and

WHEREAS, Mr. Mapp was among the first African American elected officials of the City of Mcintyre, serving for seven years on the Mcintyre city cmmcil and as mayor pro tempore; and

WHEREAS, he was 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 ofthis distinguished Georgian be appropriately recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Commissioner Creek on the northbound lane of U.S. Highway 44I in the City of Mcintyre be designated the "C. L. Mapp Bridge."

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating the "C. L. Mapp Bridge."

BE IT FURTHER RESOLVED that the clerk of the House of Representatives is authorized and directed to provide an appropriate copy of this resolution to the family of Mr. C. L. Mapp.

Approved May I7, 2004.

CHIEF J. A. FOUNTAIN BRIDGE; DESIGNATE.
No. 8I8 (House Resolution No. I456).
A RESOLUTION
Honoring the memory of Chief J. A. Fountain and designating the "Chief J. A. Fountain Bridge"; and for other purposes.
WHEREAS, Chief J. A. Fountain was born in Johnson County on April 6, I913, and lived in the City of Mcintyre from 1940 until his death on September 28, 1999; and

GEORGIA lAWS 2004 SESSION

1101

WHEREAS, he was a veteran of World War II and served on the Mcintyre city coWicil for one two-year term; and he served as the chief of police for over 33 years, during which time his acwnen as a law enforcement officer was legendary; and

WHEREAS, he was a person of magnanimous strengths with an Wlimpeachable reputation for integrity, intelligence, fairness, and kindness; and

WHEREAS, it is abWidantly fitting and proper that the outstanding accomplishments ofthis distinguished Georgian be appropriately recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the railroad tracks on the southboWid lane of U.S. Highway 441 in the City of Mcintyre be designated the "Chief J. A. FoWitain Bridge."

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating the "Chief J. A. FoWitain Bridge."

BE IT FURTHER RESOLVED that the clerk of the House of Representatives is authorized and directed to provide an appropriate copy of this resolution to the family ofChiefJ. A. FoWitain.

Approved May 17, 2004.

BOB FULTON MEMORIAL HIGHWAY; DESIGNATE.
No. 819 (House Resolution No. 1460).
A RESOLUTION
Designating the Bob Fulton Memorial Highway; and for other purposes.
WHEREAS, Mr. Bob Fulton served as a commissioner on the Fulton CoWity Board of Commissioners since 1995 and his substantial contributions to the community significantly improved the quality oflife for his fellow citizens; and

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GENERAL ACTS AND RESOLUTIONS, VOL. I

WHEREAS, he joined the board in January of 1995 and was serving his third term, representing more than 162,000 residents in north Fulton County, including the cities ofAlpharetta, Roswell, and Mountain Park; and

WHEREAS, a graduate of Auburn University and the University of Illinois with a doctorate in civil engineering, he was a professor of mechanical engineering at the Georgia Institute of Technology and was a member of the Atlanta-Fulton Water Resources Commission and the Atlanta-Fulton Public Library Board of Trustees; and

WHEREAS, Bob Fulton was devoted to his family, committed to community service and the arts, and his exemplary public service is remembered with honor.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of SR 120 between Old Milton Parkway and Parsons Road in north Fulton County is designated the Bob Fulton Memorial Highway in remembrance ofthe public service ofthis distinguished Georgia citizen.

BE IT FURTHER RESOLVED that the Department ofTransportation is authorized and directed to erect and maintain appropriate signs designating the highway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation and to the family ofthe late Mr. Bob Fulton.

Approved May 17, 2004.

FORREST "PREACHER" SAWYER MEMORIAL PARKWAY; DESIGNATE.
No. 820 (House Resolution No. 1469).
A RESOLUTION
Designating a section of Highway 81 from the Covington city limit (Washington Street) north to Monticello Street. as the Forrest "Preacher" Sawyer Memorial Parkway; and for other purposes.
WHEREAS, Mr. Forrest "Preacher" Sawyer, Sr., was one of the finest and proudest citizens ever to reside in Covington in Newton County; and

GEORGIA lAWS 2004 SESSION

1103

WHEREAS, Preacher Sawyer, as he was affectionately called, was born in the Spring Hill community and was educated in the Newton County school system; and

WHEREAS, after his schooling, Preacher Sawyer went to work at Bibb Manufacturing Company; and

WHEREAS, Preacher Sawyer entered the military in 1940 and ended his military career while stationed at Pearl Harbor, Hawaii; and

WHEREAS, Preacher Sawyer was active in church, civic organizations, and other service work. He was a founding member of the Newton County Voters League and an active member of the Southern Christian Leadership Conference (SCLC) and the American Association for Retired Persons (AARP); and

WHEREAS, it is a well-known fact in the community that if not for Preacher Sawyer s exceptional effort the Washington Street Community Center, which is a valuable resource in Newton County, would not be fimctioning today; and

WHEREAS, Preacher Sawyer served as an elected official on the Covington City Council from 1981 until 1993; and

WHEREAS, Preacher Sawyer lived an exceptional life of service to his community and state.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the section of Highway 81 from the Covington city limit (Washington Street) north to Monticello Street is designated as the Forrest "Preacher" Sawyer Memorial Parkway and the Department of Transportation is authorized to erect and maintain signs so designating said parkway.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the family of Forrest "Preacher" Sawyer, Sr., and to the Department of Transportation.

Approved May 17, 2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

JOHNNY WAYNE SPIVEY BRIDGE; DESIGNATE.

No. 821 (House Resolution No. 1472).

A RESOLUTION

Designating the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South as the Johnny Wayne Spivey Bridge; and for other purposes.

WHEREAS, Johnny Wayne Spivey was born December 6, 1946, and was the son of Otis and Berta Mae Spivey; and

WHEREAS, Johnny Wayne Spivey proudly and courageously served his country as a member ofthe United States military; and

WHEREAS, Johnny Wayne Spivey gave his life on July 29, 1967, during the course of his service to and defense of his country while stationed on the aircraft carrier USS Forrestal, and his heroism will never be forgotten.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the first bridge south of Willacoochee between Willacoochee and Lakeland on SR 135 South is designated as the Johnny Wayne Spivey Bridge and the Department of Transportation is authorized to erect and maintain signs so designating said 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 his family and to the Department ofTransportation.

Approved May 17, 2004.

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1105

RICKY L. CROCKETT BRIDGE; DESIGNATE.

No. 822 (House Resolution No. 1473).

A RESOLUTION

Designating the bridge between Broxton and Douglas on US 441 as the Ricky L. Crockett Bridge; and for other purposes.

WHEREAS, Staff Sergeant Crockett, a native of Broxton, Georgia, was a mechanic with the Army's 82nd Airborne Division, based in Fort Bragg, North Carolina; and

WHEREAS, he had served in the U.S. Army for 20 years and had been looking forward to his retirement this summer; and

WHEREAS, Staff Sergeant Crockett gave his life January 12, 2004, during the course ofhis service to and defense of his country while stationed in Baghdad, and his heroism will never be furgotten; and

WHEREAS, he leaves behind many loved ones, including his wife, Megan, and his 14-year old daughter, Marvise.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge between Broxton and Douglas on US 441 is designated as the Ricky L. Crockett Bridge and the Department of Transportation is authorized to erect and maintain signs so designating said bridge.

BE IT FURTHER RESOLVED that the Clerk ofthe House of Representatives is authorized and directed to transmit appropriate copies of this resolution to his wife, Megan Crockett, and to the Department of Transportation.

Approved May 17,2004.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

AARON COHN REGIONAL YOUTH DETENTION CENTER; DESIGNf-TE.

No. 823 (House Resolution No. 1530).

A RESOLUTION

Recognizing Honorable Aaron Cohn and designating the Aaron Cohn Regional Youth Detention Center; and for other purposes.

WHEREAS, Honorable Aaron Cohn serves with distinction and ability as presiding judge ofthe Juvenile Court ofthe Chattahoochee Judicial Circuit; and

WHEREAS, he was born on March 3, I9I6, in Colwnbus, Georgia, is a I932 graduate ofColwnbus High School, is a I938 graduate ofthe Lwnpkin School of Law of the University of Georgia, and was admitted to the practice oflaw in I938; and

WHEREAS, he served with valor as an officer in the United States Army from I940 until his retirement from the United States Army Reserve with the rank of Colonel after 27 years of both active and inactive service and was highly decorated for his leadership and service during World War II; and

WHEREAS, he was appointed as judge of the Juvenile Court of Colwnbus, Muscogee Cow1ty, Georgia, on January I, 1965, and has earned a well deserved reputation as a tireless advocate for the young people of Georgia; and

WHEREAS, he served as superintendent of the Sunday school and president of Temple Israel, chairman of the March of Dimes, coach for Little League baseball, a member of the executive board ofPop Warner football, president of the Colwnbus Tennis Association, chief voter registrar of Muscogee County, president of the Colwnbus Lawyers Club, president of the Muscogee Lions Club, president of the Council of Juvenile Court Judges, president of Junior Achievement of Colwnbus, a member of the executive board of the Chattahoochee Council of the Boy Scouts of America, a member of Goodwill Industries, and a member of the State Crime Commission; and

WHEREAS, few Georgians have had a greater impact on this state and its citizens than Honorable Aaron Cohn.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize and commend Honorable

GEORGIA LAWS 2004 SESSION

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Aaron Cohn for his lifetime of dedicated service to the State of Georgia and its citizens.

BE IT FURTHER RESOLVED that, in recognition of his lifetime of service, the regional youth detention center currently under construction in Midland, Georgia, is designated as the "Aaron Cohn Regional Youth Detention Center" and the Department of Juvenile Justice is authorized and directed to place and maintain appropriate signs so designating such facility.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Aaron Cohn and to the Department of Juvenile Justice.

Approved May 17, 2004.

HEALTH- SPINAL CORD DISABLED AND HEAD-INJURED PERSONS;
REGISTRATION AND REPORTING.
No. 824 (Senate Bill No. 582).
AN ACT
To amend Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-injured persons, so as to change certain provisions relating to registration and reporting procedures; to change certain provisions relating to duties of 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. Chapter 18 of Title 31 of the Official Code of Georgia Annotated, relating to treatment and rehabilitation of spinal cord disabled and head-i~jured persons, is amended by striking Code Section 31-18-3, relating to registration and reporting procedures, and inserting in its place the following:
'31-18-3. Except as otherwise provided, every public and private health and social agency and every physician authorized to practice medicine in this state shall report to

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GENERAL ACTS AND RESOLUTIONSl VOL. I

the Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the department, the name of any person such agency or physician has identified as being spinal cord disabled or head-injured. The report shall be made within 48 hours after identification of the spinal cord disabled or head-injured person. The report shall contain the name, age, address, type and extent of disability, and such other information concerning the disabled person as the Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the department, may require.

SECTION2. Said chapter is further amended by striking subsections (a) and (b) of Code Section 31-18-4, relating to duties of the Department of Human Resources, and inserting in their respective places the following:
'(a) The Brain and Spinal Injury Trust Fund Commission, which is administratively assigned to the department, shall establish procedures whereby a spinal cord disabled or head-injured person for whom a report is made under this chapter shall be referred with informed consent to appropriate public or private departments or agencies for treatment and rehabilitative services. (b) The Brain and Spinal Injury Trust Fund Commission shall maintain records of reports, notifications, and referrals made under this chapter. The Brain and Spinal Injury Trust Fund Commission shall produce an annual report relating to information and data collected pursuant to this chapter and shall make such report available upon request.'

SECTION3. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 17, 2004.

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

j j j j j j j j j j j j j j j j j

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RECOGNIZE MARRIAGE AS UNION OF MAN AND WOMAN.

Proposed Amendment to the Constitution

No. 841 (Senate Resolution No. 595).

A RESOLUTION

Proposing an amendment to fue Constitution so as to provide that this state shall recognize as marriage only the union of man and woman; to provide for submission ofthis amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I of the Constitution is amended by adding a new Section IV to read as follows:

"SECTION IV. MARRIAGE

Paragraph I. Recognition ofmarriage. (a) This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.
(b) No union between persons ofthe same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such relationship:

SECTION2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II ofthe Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that this state NO ( ) shall recognize as marriage only the union ofman and woman?"

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PROPOSED CONSTITUTIONAL AMENDMENTS

All persons desiring to vote in favor ofratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph ofthe Constitution, it shall become a part ofthe Constitution ofthis state.

Compiler's Note - This resolution was not approved by the Governor. Such approval is not required for proposed Constitutional Amendments by Article XII, Section I ofthe Constitution ofthe State of Georgia.