Acts and resolutions of the General Assembly of the State of Georgia 2005, volume 1, book 1

COMPILER'S NOTE
General and Local Acts and Resolutions of the 2004 Extraordinary Session of the General Assembly of Georgia will be found in Volume I beginning at page ES3. The Extraordinary Session convened on May 3, 2004, and adjourned sine die on May 7, 2004. The proclamation of the Governor convening the General Assembly ofGeorgia in Special Session will be found on page ES I.
General Acts and Resolutions of the 2005 Regular 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, consolidated governments, and municipalities filed in the Office of the SecretaryofState between May I, 2004, and April 30, 2005, are printed in Volume II beginning at page 4165.
There are no numbered pages between page 1533, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be prepared simultaneously. Volume I has been divided into two books because of the number of pages in the volume. Page numbers will run consecutively between the books in the volume.
Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the state auditor s report on funding of retirement bills; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed.
Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House or Senate Bill or Resolution number which it was given when it was introduced in the General Assembly. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor.

GEORGIA LAWS 2005
TABLE OF CONTENTS
VOLUME ONE
2004 Extraordinary Session ....................................... ES I Acts and Resolutions ofGeneral Application .......................... .
VOLUME TWO
Acts and Resolutions ofLocal Application ........................... 3501 County and Consolidated Government Home Rule Actions .............. 4165 Municipal Home Rule Actions .................................... 4203
VOLUME THREE
Acts by Numbers-Page References ................................... lA Bills and Resolutions-Act Number References .......................... SA Index-Tabular .................................................. I OA Index-General .................................................. 37A Population of Georgia Counties-Alphabetically ....................... 126A Population of Georgia Counties-Numerically ......................... 133A Population of Municipalities-Alphabetically .......................... 138A Population of Municipalities-Numerically ........................... 145A Population of Judicial Circuits ..................................... !52A Georgia Senate Districts, Alphabetically by County .................... 156A Georgia Senators, Numerically by District ........................... 15 8A Georgia House Districts, Alphabetically by County .................... 161A Georgia Representatives, Numerically by District ..................... 163A Status ofReferendum Elections .................................... I 72A Vetoes by the Governor .......................................... 335A Legislative Services Committee and Staff ............................ 349A

PROCLAMATIONS AND ACTS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2004
EXTRAORDINARY SESSION
May 3, 2004- May 7, 2004
COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

GEORGIA LAWS 2004 EXTRAORDINARY SESSION

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BY THE GOVERNOR OF THE STATE OF GEORGIA

A PROCLAMATION

CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN SPECIAL SESSION

BY THE GOVERNOR OF THE STATE OF GEORGIA

A PROCLAMATION

CONVENING THE GENERAL ASSEMBLY OF GEORGIA IN SPECIAL SESSION

WHEREAS:

Article V, Section II, Paragraph VII of the Constitution of the State of Georgia grants to the Governor the power to convene a special session of the General Assembly, stating and thereby limiting its purposes; and

WHEREAS: The Regular Session of the 2004 General Assembly adjourned sine die on April 7, 2004; and

WHEREAS:

The general appropriations bill for Fiscal Year 2005 that the General Assembly passed in regular session, House Bill 1181, violates Article III, Section IX, Paragraph IV(b) of the Constitution of the State of Georgia in that it would appropriate funds that the State could only collect upon the passage of House Bill 869, relating to indigent defense funding, which the General Assembly did not pass; and

WHEREAS:

The General Assembly has a constitutional duty to pass a general appropriations bill appropriating funds which do not, "in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of

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PROCLAMATIONS AND ACTS

the fiscal year together with an amount not greater than the total treasury receipts from existing revenue sources anticipated to be collected in the fiscal year. ... " Ga. Const. art. Ill, IX, '1fiV(b); and

WHEREAS: The Governor has determined that certain purposes warrant the convocation ofa special session; now

THEREFORE: By virtue of the power and authority that the Constitution of the State of Georgia confers upon me, I, Sonny Perdue, Governor of the State of Georgia, do hereby convene the General Assembly of this State in Special Session at ten o'clock (I 0:00) a.m. on Monday, May 3, 2004, for the purposes and only the purposes stated as follows:

I. To amend paragraph (I) of subsection (b) of Section 15-6-94 of the Official Code of Georgia Annotated, relating to membership on the General Superior Court Clerks' Cooperative Authority.
2. To enact, revise, repeal, or amend general law relating to the funding and provision of indigent defense services, including, without limitation, services provided under Chapter 12 of Title 17 of the Official Code of Georgia Annotated.
3. If necessary, to receive an amended estimate of the State funds available for appropriation in Fiscal Year 2005 to reflect any new revenue sources created by action of the General Assembly under No. 2, above, and any change in anticipated revenue collections.
4. To enact, revise, repeal, or amend local laws.

This 23rd day ofApril 2004.

sl Sonny Perdue GOVERNOR

ATTEST sl John K. Watson EXECUTIVE SECRETARY

GEORGIA LAWS 2004 EXTRAORDINARY SESSION

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COURTS- CRIMINAL PROCEDURE- LAW ENFORCEMENT- PENAL INSTITUTIONSINDIGENT DEFENSE; PUBLIC DEFENDERS;
FEES AND FUNDING.

No. 4EX (House Bill No. HB lEX).

AN ACT

To amend Title 15, Title 17, Title 35, and Title 42 of the Official Code of Georgia Annotated, relating respectively to courts, criminal procedure, law enforcement officers and agencies, and penal institutions, so as to change provisions relating to funding for various programs including local victim assistance programs and indigent defense; to provide for the collection and remittance of fees and funds; to change the membership of the Georgia Superior Court Clerks' Cooperative Authority; to change provisions relating to priorities of distributions of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into superior courts; to provide that the Criminal Justice Coordinating Council shall certify victim assistance programs; to require that victim assistance funds be paid only to certified programs; to provide for certain reports; to provide for certain disbursements; to provide for certain reserve funds; to provide that the Georgia Superior Court Clerks' Cooperative Authority shall act as the collecting and remitting agent for the centralized collection and remittance of certain court costs and fees and certain additional penalties and bonds in criminal cases; to prescribe certain new additional court costs and fees and penalties and bond surcharges in criminal cases and provide for the disposition thereof; to provide for application fees for persons applying for indigent defense services and provide for the disposition thereof, to provide for intent with respect to availability of certain funds for appropriation fur indigent defense purposes; to state legislative findings; to defme terms; to provide for court clerks and other officials to remit funds to the authority and provide measures for accountability therefor; to authorize the authority to prescribe forms and procedures for reporting in connection with collections by the authority; to provide for remittances by the authority and certain reporting with respect thereto; to change provisions relating to the qualifications of members of the Georgia Public Defender Standards Council; to change provisions relating to the Georgia Public Defender Standards Council's standards; to create a General Oversight Committee for the Georgia Public Defender Standards Council and provide for members, duties, annual reporting, allowances, and performance audits; to provide for immunity for certain persons for certain matters; to provide for changes relating to the council assuming the responsibilities of the furmer Georgia Indigent Defense Council, funding, and personnel; to provide for matters for certain counties that were operating under "The Georgia Criminal Justice Act"; to provide fur requirements as to actions by superior courts where there are more than two judges in a county or circuit; to provide for arrangements for indigents in criminal proceedings; to provide for compensation of assigned counsel generally;

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PROCLAMATIONS AND ACTS

to provide for compensation of nonprofit legal aid agencies; to provide for the office of public defender and the appointment, term, and qualifications thereof; to provide for matters related to competence of attorneys assigned as counsel to defend indigent persons; to provide for assignment and duties of substitute attorneys; to provide for standards for determination of indigency; to provide for recovery of payment or reimbursement from defendants receiving legal assistance or benefits; to provide for maintenance of records and reports by public defenders and legal aid agencies; to provide for financing of costs of indigent defense programs by counties and private contributions; to provide for applicability; to provide for a specific repealer; to change provisions relating to the qualifications of members of the public defender selection panel; to change provisions relating to the salary of the circuit public defender; to change provisions relating to the Georgia Public Defender Standards Council's budget and support from the Administrative Office of the Courts; to change provisions relating to appointment of assistant public defenders and their salary; to change provisions relating to appointment of an investigator; to change provisions relating to employment of supplemental personnel and compensation; to change provisions relating to classification of personnel; to change certain provisions regarding requirements of such alternate delivery systems; to create the State Victim Services Commission; to provide for its composition, membership, filling ofvacancies, powers, duties, and responsibilities; to provide for meetings; to provide for the obtaining of certain information; to provide for certain reviews and investigations; to provide for the commission to make certain recommendations; to make numerous conforming amendments; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking subsection (a) of Code Section 15-6-77.4, relating to additional filing fees in divorce cases, and inserting in its place a new subsection to read as follows:
'(a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-6-77.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget, the Legislative Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter:

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SECTION 2. Said Title 15 is further amended by striking paragraph (I) of subsection (b) ofCode Section 15-6-94, relating to the Georgia Superior Court Clerks' Cooperative Authority, and inserting in its place a new paragraph to read as fullows:
'(b)(I) The authority shall consist often members as follows: (A) The two members who are not required to be superior clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia appointed as provided by prior Jaw shall continue to serve out the terms for which they were appointed. Upon the expiration of the terms of these members one such position shall cease to exist and the successors to the other such position shall be appointed by the executive board of The Council of Superior Court Clerks of Georgia; (B) The two members appointed by the executive board of The Council of Superior Court Clerks of Georgia who are and shall be superior court clerks appointed as provided by prior Jaw shall continue to serve and their successors shall likewise be superior court clerks appointed by the executive board of The Council of Superior Court Clerks of Georgia; (C) The one member appointed by the Governor who is and shall be a county commissioner appointed as provided by prior Jaw shall continue to serve and his or her successors shall likewise be county commissioners appointed by the Governor; (D) The two members appointed by the Governor who are not required to be county commissioners appointed as provided by prior law shall serve out the terms for which they were appointed; and upon the expiration of such terms and thereafter a successor to one such member shall be a superior court clerk appointed by the Governor and a successor to the other such member shall be appointed by the Governor; (E) One member who shall be a superior court clerk appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule; (F) One member who shall be a superior court clerk appointed by the Speaker of the House of Representatives; (G) One member who shall be a superior court judge appointed by the Chief Justice ofthe Supreme Court of Georgia; and (H) One member appointed by the Governor.
All members shall serve for terms of three years each and until their successors are appointed and qualified. All acts performed by the authority prior to April I, 1994, shall have the same force and effect as ifthis paragraph had been in effect since the creation of the authority.'

SECTION 3. Said Title 15 is further amended by striking Code Section 15-6-95, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into superior court, and inserting in lieu thereof the following:

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PROCLAMATIONS AND ACTS

'15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below:
(1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers" Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks" Retirement Fund ofGeorgia; (3) The amount provided fur in Chapter 16 of Title 4 7 for the Sheriffs" Retirement Fund ofGeorgia; (4) The amounts provided under subparagraphs (a)(l)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(l)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (7) The surcharge provided for in Chapter 21 of this title for jail construction and sta:ffmg; (8) The surcharge provided for in cases of driving under the influence for purposes of state crime victim compensation under Code Section 15-21-112; (9) The balance of the fine shall be paid to the county; ( 10) After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-1 00 and 15-21-1 01 for the Drug Abuse Treatment and Education Fund:

SECTION 4. Said Title 15 is further amended by striking Code Section 15-9-60.1, relating to additional marriage license fees, and inserting in its place a new Code section to read as follows:
'15-9-60.1. In addition to any fees required in Code Section 15-9-60 for receiving marriage applications, issuing marriage licenses, and recording relative thereto, the judge of the probate court shall charge an additional fee of $15.00 for issuing a marriage license. No amount of this additional fee shall be paid into the Judges of the Probate Courts Retirement Fund of Georgia provided for in Chapter 11 of Title 47 or be used for the purpose of calculating retirement benefits fur judges of the probate courts. Each judge of the probate court shall collect the additional fees for issuing marriage licenses as provided in this Code section and shall pay such moneys over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit

GEORGIA LAWS 2004 EXTRAORDINARY SESSION

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such report and accounting to the Office of Planning and Budget, the Legislative Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.'

SECTION 5. Said Title 15 is further amended by striking Article 4 of Chapter 21, the "Peace Officer and Prosecutor Training Fund Act of 1983," and inserting in its place a new article to read as follows:

'ARTICLE 4

15-21-70. This article shall be koown as and may be cited as the 'Peace Officer, Prosecutor, and Indigent Defense Funding Act.'

15-21-71. This article is enacted in part pursuant to the authority of Article III, Section IX, Paragraph VI, subparagraph (d) of the Constitution of Georgia, which provision authorizes additional penalty assessments in criminal and traffic cases and provides that the proceeds derived therefrom may be used for the purpose of providing training to law enforcement officers and prosecuting officials.

15-21-72. It is the intent of this article to provide funding fur the training of law enforcement and prosecutorial officers and to make funds available for funding state indigent defense programs.

15-21-73. (a)(1) In every case in which any state court, probate court, juvenile court, police, recorder's, or mayor's court, municipal court, magistrate court, or superior court in this state shall impose a fine, which shall be construed to include costs, for any criminal or quasi-criminal offense against a criminal or traffic law, including civil traffic violations and violations of local criminal ordinances, of this state or political subdivision thereof, there shall be imposed as an additional penalty a sum equal to: (A) The lesser of $50.00 or 10 percent of the original fme; plus (B) An additional! 0 percent of the original fine. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or political subdivision thereof, an additional sum equal to: (A) The lesser of $50.00 or 10 percent of the original amount of bail or bond; plus (B) The lesser of an additional $50.00 or 10 percent of the original amount of bail or bond shall be posted. In every case in which any state court, probate court, municipal

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PROCLAMATIONS AND ACTS

court, magistrate court, recorder's court, mayor's court, or superior court shall order the forfeiture of bail or bond, the additional amounts provided for in this paragraph shall be paid over as provided in Code Section 15-21-74. (b) Such sums shall be in addition to that amount required by Code Section 47-1 7-60 to be paid into the Peace 0 fficers Annuity and Benefit Fund or Code Section 47-11-51 concerning the Judges of the Probate Courts Retirement Fund of Georgia and any other amounts provided for by law.

15-21-74. The sums provided for in Code Section 15-21-73 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fmes and forfeited bonds and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the last day of the month there following, to be deposited by the authority into the general treasury. The authority shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the Legislative Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.

15-21-75. Reserved.

15-21-76. Reserved.

15-21-77. (a) An amount equal to the net proceeds derived under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73 in the immediately preceding year shall be appropriated to fund law enforcement or prosecutorial officers' training, or both, and activities incident thereto, including, but not limited to, payment or repayment to the state treasury for capital outlay, general obligation bond debt service, administrative expenses, and any other expense or fund application which the General Assembly may deem appropriate. This subsection shall not preclude the appropriation of a greater amount for this purpose. (b) It is the intent of the General Assembly that all funds derived under subparagraphs (a)(l)(B) and (a)(2 )(B) of Code Section 15-21-73 shall be made available through the general appropriations process and maybe appropriated for purposes of funding indigent defense. (c) Where the Georgia Public Defender Standards Council has approved an alternative delivery system as set forth in Code Section 17-12-36, the council shall pay from funds available to the council an amount of funds equal to the amount that would have been allocated to the circuit for the minimum salary of the circuit public defender, the assistant circuit public defenders, the investigator, and the administrative staff, exclusive of benefits, if the circuit was not operating an alternative delivery system.'

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SECTION 6. Said Title 15 is further amended by striking Code Sections 15-21-113 and 15-21-114, relating to collection and remittance of additional penalties in driving under the influence cases for the Georgia Crime Victims Emergency Fund, and inserting in their place the following:
'15-21-113. The sums provided for in Code Section 15-21-112 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fmes and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Georgia Crime Victims Compensation Board, to be deposited into the Georgia Crime Victims Emergency Fund. The authority shall, on a quarterly basis, make a report and accounting ofall funds collected pursuant to this article and shall submit such report and accounting to the Office of Planning and Budget, the Legislative Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.

15-21-114. Reserved.'

SECTION 7. Said Title 15 is further amended by striking Code Section 15-21-132, relating to assessment and collection of victim assistance funds, and inserting in lieu thereof the following:
'15-21-132. (a) The sums provided for in Code Section 15-21-131 shall be assessed and collected by the court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Georgia Superior Court Clerks' Cooperative Authority by the end of the month after the collection. The net proceeds shall be distributed by such authority as follows:
(1) If the county where the fme was imposed operates or participates in any victim assistance program certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the governing authority of the county for disbursement to those victim assistance programs; or (2) If the county where the fine was imposed does not operate or participate in any victim assistance program certified by the Criminal Justice Coordinating Council, then the moneys shall be paid over to the district attorney of the judicial circuit in which the county is located fur the purpose of defraying the costs of victim assistance activities carried out by the district attorney's office. Such funds shall be paid over in the same manner as other county funds paid for operations of the district attorney's office and shall be in addition to rather than in lieu of any other such funds. All such funds shall be paid to the recipients by the last day of the month in which the funds are received; provided, however, that the governing authority of the county shall be authorized to hold as reserve funds an amount not to exceed 5

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percent of the funds received by the governing authority in the preceding calendar year. (b) The Georgia Superior Court Clerks' Cooperative Authority shall receive and distribute the funds collected pursuant to this Code section to the county governing authorities and shall submit a financial report to the Criminal Justice Coordinating Council each month stating the amount collected and the amount disbursed to each county governing authority no later than the last day of the month following the month in which the funds were collected. (c) The county governing authority receiving funds shall submit a financial report to the Criminal Justice Coordinating Council semiannually stating the recipients that directly received funds during such reporting period no later than the last day of the month following the reporting period in which the funds were collected in order to allow coordination of local, state, and federal funding sources for similar services. The Criminal Justice Coordinating Council shall report annually to the General Assembly the county governing authorities that failed to submit semiannual reports during the previous calendar year. (d) All recipients of funds pursuant to this Code section shall submit an annual report to the Criminal Justice Coordinating Council. Such report shall include, but not be limited to, the total amount of funds received from each county governing authority, the purposes for which the funds were expended, and the total number of victims served in each county for which the funds were received. A copy of each recipient's annual report shall also be submitted to each county governing authority from which funds were received pursuant to this Code section. (e) The Criminal Justice Coordinating Council shall promulgate rules governing the certification of victim assistance programs. The rules shall provide for the certification of programs which are designed to provide substantial assistance to victims of crime in understanding and dealing with the criminal justice system as it relates to the crimes committed against them. It is the intention of the General Assembly that certification shall be liberally granted so as to encourage local innovations in the development of victim assistance programs. (f) The Criminal Justice Coordinating Council shall promulgate rules governing the revocation of certification of victim assistance programs. Such rules shall provide for the decertification of programs previously certified by the Criminal Justice Coordinating Council that are no longer in compliance with the rules promulgated by the Criminal Justice Coordinating Council pursuant to this Code section. (g) Moneys arising from fines imposed pursuant to Code Section 15-21-131 shall not be paid to any victim assistance program that has not been certified by the Criminal Justice Coordinating Council or to any program that has been decertified by such council.'

SECTION 8. Said Title 15 is further amended by striking Code Section 15-21-133, relating to payment of additional sums, and inserting in lieu thereof the following:

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'15-21-133. Reserved.'

SECTION 9. Said Title 15 is further amended by striking Code Sections 15-21-150 and 15-21-151, relating to collection and remittance of additional penalties in driving under the influence cases for the Brain and Spina11njury Trust Fund, and inserting in their place the following:
'15-21-150. The sums provided fur in Code Section 15-21-149 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fmes and shall be paid over by the last day of the following month to the Georgia Superior Court Clerks' Cooperative Authority for remittance to the Brain and Spinal Injury Trust Fund Commission created in Code Section 15-21-143, to be deposited into the Brain and Spinal Injury Trust Fund.

15-21-151. Reserved.'

SECTION 10. Said Title 15 is further amended by adding a new Chapter 21 A to read as fullows:

'CHAPTER 21A

15-21 A-1. (a) The General Assembly finds that over the years, at various times, there have been enacted into the law and Constitution of this state numerous provisions relating to court costs, fees, and criminal penalty and bond surcharges for various stated purposes and that additional costs, fees, and surcharges may be added in the future. Because of the seriatim nature of these enactments, little or no consideration has been given to the interaction of the enacting provisions. There exists a lack of fiscal data concerning such fees. State law has in some cases provided insufficient guidance fur local officials with respect to the priority and manner of distribution of such costs, fees, and surcharges. There exists a need for a centralized agency to act as the collecting and remitting agent for such costs, fees, and surcharges in order to provide for uniform practices and fiscal accountability with respect to such collection and remittance. (b) It is the intent of this chapter to meet the needs identified in subsection (a) of this Code section and to provide for certain new fees and surcharges in order that funds may be made available for appropriation and may be appropriated for purposes of indigent defense.

15-21A-2. As used in this chapter, the term 'authority' means the Georgia Superior Court Clerks' Cooperative Authority established pursuant to Code Section 15-6-94.

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PROCLAMATIONS AND ACTS

15-21A-3. (a) As used in this Code section the term 'court' means all trial courts within this state including, but not limited to, superior, juvenile, state, magistrate, probate, municipal, and special courts, whether called mayor's courts, recorder's courts, police courts, civil courts, traffic courts, or miscellaneous courts or any other trial court created in this state under any other name. (b) The authority shall act as collecting and remitting agent with respect to the costs, fees, and surcharges for certain costs, fees, or surcharges by any clerk of court or other officer or agent of any court. The authority in performing this function shall receive and disburse such funds only in the capacity of a custodial trustee, and such funds shall not in the process of receipt and disbursement become funds of the authority. The costs, fees, and surcharges subject to this Code section are:
(I) The additional divorce case filing fee under Code Section 15-6-77.4 and the additional marriage license fee under Code Section 15-9-60.1; (2) The surcharge on fines and bonds imposed for the training of law enforcement and prosecutorial officers and for indigent defense purposes under Code Section 15-21-73; (3) The additional penalties imposed in cases of driving under the influence for purposes of state crime victims compensation under Code Section 15-21-112; (4) The additional penalties imposed in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-21-149; (5) Fees collected by the courts under Code Section 42-8-34; and (6) Local victim assistance funds collected pursuant to Article 8 ofChapter 21 of this title.

15-21A-4. (a)( I) Each clerk of any court or any other officer or agent of any court receiving any funds subject to this chapter on or after July I, 2004, shall remit all such funds to the authority by the end of the month following the month in which such funds are received. (2) The chief judge of superior court for each county shall have the authority to require compliance with paragraph (I) of this subsection by any court within the county. If any court is more than 60 days delinquent or is habitually delinquent in remitting any funds or reports required under this Code section or Code Section 15-21A-6, the authority shall notify the chiefjudge ofsuperior court of the county in which the court is located.
(b) The authority shall prescribe uniform procedures and forms for the reporting and remittance of all funds subject to Code Section 15-21A-3; and all clerks or other officers or agents remitting such funds shall use the prescribed procedures and forms in reporting and remitting funds to the authority. (c) The authority shall prescribe uniform rules, procedures, and forms relative to the partial or installment collection and remittance of funds subject to Code

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Section 15-21A-3. Any funds held by any court or unit oflocal government on July 1, 2004, consisting of previously collected partial or installment payments shall be subject to the rules, procedures, and forms so prescribed and shall be remitted to the authority to the extent provided for in such rules and procedures. (d) The authority shall remit all funds collected to the designated receiving entities or general fund of the state treasury within 60 days of receiving such funds.

15-21A-5. (a) The authority shall be entitled to retain from the funds received by the authority under Code Section 15-21A-3 and 15-21A-6 an amount equal to I percent of such funds, but in no event more than $500,000.00 per fiscal year, to reimburse the authority for its costs in administering this chapter. The net proceeds, after deduction of such administrative costs, from the funds received by the authority under Code Section 15-21 A-3 shall be remitted by the authority as follows:
( 1) The net proceeds received pursuant to paragraph (I) of subsection (b) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; (2) The net proceeds received pursuant to paragraph (2) of subsection (b) of Code Section 15-21A-3 shall be remitted to the general fund of the state treasury; (3) The net proceeds received pursuant to paragraph (3) of subsection (b) of Code Section 15-21A-3 shall be remitted to the Georgia Crime Victims Compensation Board to be deposited into the Georgia Crime Victims Emergency Fund; (4) The net proceeds received pursuant to paragraph (4) of subsection (b) of Code Section 15-21A-3 shall be remitted to the Brain and Spinal Injury Trust Fund Commission for deposit into the Brain and Spinal Injury Trust Fund; (5) The net proceeds received pursuant to paragraph (5) of subsection (b) of Code Section 15-21 A-3 shall be remitted to the general fund of the state treasury; and (6) The net proceeds received pursuant to paragraph (6) of subsection (b) of Code Section 15-21 A-3 shall be remitted pursuant to Code Section 15-21-132 for local victim assistance. (b) The net proceeds received pursuant to Code Section 15-21A-6 shall be remitted to the general fund of the state treasury. (c) Any interest earned on funds subject to this chapter while in the custody of the authority shall be remitted to the general fund of the state treasury.

15-21 A-6. (a) In addition to all other legal costs there shall be charged to the filing party and collected by the clerk an additional filing fee of $15.00 in each civil action or case filed in the superior, state, probate, recorder's, mayor's, and magistrate courts except that municipalities, counties, and political subdivisions shall be

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exempt from such fee. Without limiting the generality of the foregoing, such ree shall apply to all adoptions, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature. Any matter which is docketed upon the official dockets of the enumerated courts and to which a number is assigned shall be subject to such fee, whether such matter is contested or not. (b) Any person who applies for or receives legal defense services under Chapter 12 ofTitle 17 shall pay the entity providing the services a single fee of $50.00 for the application for, receipt of, or application for and receipt of such services. The application fee may not be imposed if the payment of the fee is waived by the court. The court shall waive the fee if it fmds that the applicant is unable to pay the fee or that hardship will result if the fee is charged. (c) Each clerk of court, each indigent defense program, or any other officer or agent of any court receiving any funds subject to this Code section shall collect the additional fees provided in this Code section and shall pay such moneys over to the authority by the last day of the month after the month of collection, to be deposited by the authority into the general fund of the state treasury. (d) It is the intent of the General Assembly that all funds derived under this Code section shall be made available through the general appropriations process and may be appropriated for purposes of funding indigent defense. (e) A public entity other than an entity providing legal defense services under Chapter 12 of Title 17 may charge, in addition to any other fee or surcharge authorized by law, a $50.00 application ree unless waived by the court for inability to pay or hardship. Any such fee shall be retained by the entity providing the services or used as otherwise provided by law and shall not be subject to payment to the authority or deposit into the state treasury.

15-21A-7. (a) As used in this Code section the term 'court' means all trial courts within this state including, but not limited to, superior, juvenile, state, magistrate, probate, municipal, and special courts, whether called mayor s courts, recorders courts, police courts, civil courts, traffic courts, or miscellaneous courts or any other trial court created in this state under any other name. (b) The authority shall develop a reporting and accounting system that employs controls necessary to determine the accuracy of the fme and fee collections and disbursement by each clerk of court or other officer or agent of any court receiving any fines and fees. No later than 60 days after the end of the last day of each month, each such clerk or agent shall report to the authority on a reporting system prescribed by the authority. Any entity doing business with such clerk or agents and all agencies of the state shall cooperate in providing on a timely basis any information or data requested by the authority in a format prescribed by the authority by regulation. (c) The authority shall, on a quarterly basis, make a detailed report and accounting of all fines and fees collected and remitted by any court and shall submit such report and accounting to the General Oversight Committee for the

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Georgia Public Defender Standards Council, the Office of Planning and Budget, the ChiefJustice ofthe Supreme Court of Georgia, the Legislative Budget Office, and the Senate Budget Office no later than 60 days after the last day of the preceding quarter.

15-21 A-8. Any clerk of court or any other officer or agent receiving any funds subject to this chapter who knowingly fails to pay over any such funds to the authority as required by this chapter, after receiving notice from the authority that such funds are delinquent, shall be guilty of a misdemeanor, except that if the amount of funds knowingly not paid over is $10,000.00 or more then such person shall be guilty of a relony and punished by imprisonment for not less than one nor more than ten years. The offense created by this Code section shall not merge with any other offense.'

SECTION 11. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (c) of Code Section I 7-12-3, relating to the membership of the Georgia Public Defender Standards Council, and inserting in lieu thereofthe following:
'(c) In making these appointments, the appointing authorities shall seek to identify and appoint persons who represent a diversity of backgrounds and experience and shall solicit suggestions from the State Bar of Georgia, state and local bar associations, the Georgia Association of Criminal Defense Lawyers, the councils representing the various categories of state court judges in Georgia, and the Prosecuting Attorneys' Council of the State of Georgia, as well as from the pub lie and other interested organizations and individuals within the state. The appointing authorities shall not appoint a prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys' Council of the State of Georgia to serve on the council.'

SECTION 12. Said Title 17 is further amended by adding a new subsection to Code Section 17-12-8, relating to approval of the Georgia Public Defender Standards Council of programs for representation of indigents and development of standards, to read as follows:
'(c) The initial minimum standards promulgated by the council pursuant to this Code section and which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be submitted by the council to the General Assembly at the regular session for 2005 and shall become efrective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming Jaw without such approval. The power of the council to promulgate such initial minimum standards shall be deemed to be dependent upon such

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ratification; provided, however, the mm1mum standards promulgated by the council shall be utilized as a guideline prior to ratification. Any subsequent amendments or additions to the initial minimum standards promulgated by the council pursuant to this Code section and which are determined by the General Oversight Committee for the Georgia Public Defender Standards Council to have a fiscal impact shall be ratified at the next regular session of the General Assembly and shall become effective only when ratified by joint resolution of the General Assembly and upon the approval of the resolution by the Governor or upon its becoming law without such approval.'

SECTION 13. Said Title 17 is further amended by inserting a new Code section to read as follows:
'17-12-10.1. (a) There is created the General Oversight Committee for the Georgia Public Defender Standards Council which shall be composed of eight persons: three members of the House of Representatives appointed by the Speaker of the House of Representatives, three members of the Senate appointed by the Senate Committee on Assignments or such person or entity as established by Senate rule, and one member of the House of Representatives and one member of the Senate appointed by the Governor. The members of such committee shall be selected within ten days after the convening of the General Assembly in each odd-numbered year and shall serve until their successors are appointed. (b) The Speaker of the House of Representatives shall appoint a member of the committee to serve as chairperson and the Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint one member of the committee to serve as vice chairperson during each even-numbered year. The Senate Committee on Assignments or such person or entity as established by Senate rule shall appoint a member of the committee to serve as chairperson and the Speaker of the House of Representatives shall appoint one member to serve as vice chairperson during each odd-numbered year. Such committee shall meet at least six times each year and, upon the call of the chairperson, at such additional times as deemed necessary by the chairperson. (c) It shall be the duty of such committee to review and evaluate the following:
(I) Information on new programs submitted by the council; (2) Information on standards proposed by the council; (3) The strategic plans for the council; (4) Program evaluation reports and budget recommendations of the council; (5) The fiscal impact of fees and fines on counties; (6) The reports submitted pursuant to Code Section 15-21 A-7 in order to identify, among other things, opportunities to reduce or consolidate fees, fines, and surcharges; and (7) Such other information or reports as deemed necessary by such committee. (d) The council shall cooperate with such committee and provide such information or reports as requested by the committee for the performance of its functions.

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(e) Notwithstanding subsection (c) of Code Section 45-12-78, the council shall submit its budget estimate to the director of the Office of Planning and Budget prior to submitting its budget estimate to the Judicial Council of Georgia. The council" s budget estimate included in the Governor s budget report as provided in subsection (d) of Code Section 45-12-78 shall be as submitted by the Judicial Council of Georgia; provided, however, that the Governor shall be authorized to analyze the council" s budget estimate and include such analysis as a part of the Governor's budget report. (f) The committee shall make an annual report of its activities and fmdings to the membership of the General Assembly and the Governor within one week of the convening of each regular session of the General Assembly. The chairperson of the committee shall deliver written executive summaries of such report to the members of the General Assembly prior to the adoption of the General Appropriations Act each year. (g) The members of the committee shall receive the allowances authorized for legislative members of legislative committees. The funds necessary to pay such allowances shall come from funds appropriated to the House of Representatives and the Senate. (h) The committee shall be authorized to request that a performance audit of the council be conducted.'

SECTION 14. Said Title 17 is further amended by adding a new Code section to read as follows:
'17-12-10.2. The members of the council as created by this article, the members of the circuit public defender selection panel created by Article 2 of this chapter, and other policy-making or administrative personnel acting in a policy-making or administrative capacity shall not be subject to civil liability resulting from any act or failure to act in the implementation and carrying out of the purposes of this article and Article 2 of this chapter.'

SECTION 15. Said Title I 7 is further amended by striking subsection (b) of Code Section 17-12-11, relating to the council assuming the responsibilities of the former Georgia Indigent Defense Council, funding, and personnel, and inserting in lieu thereof the following:
'(b) At least 90 percent of all state appropriated funds to the former Georgia Indigent Defense Council or the Georgia Public Defender Standards Council for grants to counties shall be distributed to counties for the January I, 2004, through December 3!, 2004, time period, based upon previous year expenditures for the provision of defense services at the local level.

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SECTION 16. Said Title 17 is further amended by adding a new article to read as follows:

"ARTICLE !A

17-12-19.1. As used in this article, the term:
(I) 'County governing authority' means the judge of the probate court, board of county commissioners, or other authority in a county which by law has the duty to levy taxes and provide funds for the operation of the courts in the county. (2) 'Court concerned' means a court having, or anticipated as having, with respect to crime, jurisdiction over a proceeding in which an indigent person is a party or over the detention of an indigent person. When a superior court has prescribed an arrangement under paragraph (I) of subsection (a) of Code Section 17-12-19.3, it shall also be a 'court concerned.' (3) 'Criminal proceedings' means any proceedings in which a person is charged with a violation of a local ordinance or state law; and, because of the violation, the person may be incarcerated in any jail or other penal institution in this state. (4) 'Defending attorney' means an assigned attorney, an attorney attached to the staff of a nonprofit legal aid agency, a public defender, or an attorney attached to the staff of a public defender. (5) 'Indigent person' means a person who is unable, without undue hardship, to employ the legal services of an attorney or to defray the necessary expenses of!ega! representation, determined as provided for in this article.

17-12-19.2. When there are more than two judges of the superior court in a county or circuit, any action required under this article, in the form of a rule of the court, must be taken by at least a majority of the judges of that court. Where there are only two judges, the action must be concurred in by both judges.

17-12-19.3. (a) All courts of this state having jurisdiction of proceedings of a criminal nature shall, by rule of court, provide for the representation of indigent persons in criminal proceedings in such court. After ascertaining that the defendant is in fuct indigent, it shall provide this representation by:
(I) An arrangement whereby a judge of the court concerned will assign attorneys on an equitable basis through a systematic, coordinated defender plan under delegation to and supervision of the clerk or deputy clerk of the superior court, the clerk or deputy clerk of the court concerned, or of an administrator appointed by the superior court for such purpose; (2) An arrangement whereby a nonprofit legal aid agency or agencies will be assigned to provide the representation; or

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(3) An arrangement whereby a combination of the above arrangements indicated in paragraphs (1) and (2) of this subsection will provide the representation. (b) Until the superior court in a county has by rule prescribed an appropriate arrangement, any court concerned may assign attorneys to provide the representation. In this event, any court concerned may, by its own rule, prescribe an arrangement whereby attorneys will be assigned on an equitable basis through a systematic, coordinated plan under delegation to and supervision of the clerk or deputy clerk of that court. (c) Any arrangement under subsection (a) of this Code section may be made applicable to one, or more, or all counties within the same superior court circuit when promulgated by a rule of the superior court of the circuit. (d) If the superior court in a county for any reason does not provide for an arrangement prescribed in subsection (a) of this Code section, the county governing authority may perform the functions ascribed to the superior court in this Code section.

17-12-19.4. (a) When a superior court prescribes an arrangement under Code Section 17-12-19.3 which involves the assignment of attorneys, it shall prescribe the compensation of the defending attorneys whom it assigns as provided for in this article and approve the expenses necessarily incurred by them in the defense of indigents under this article. The county governing authority shall recommend the limits for attorney fees for the several courts in the county that may be prescribed by the courts for the defense of indigents and such investigation expenses as may be necessary and approved by the court. (b) Notwithstanding subsection (a) of this Code section, in extraordinary circumstances the trial court may approve the payment of such additional compensation in excess of the limits prescribed in subsection (a) of this Code section as the trial court may determine and find to be necessary to provide for compensation for protracted representation. (c) The county governing authority shall pay assigned attorneys the amounts prescribed in this Code section from public funds available for the operation of the courts in the county.

17-12-19.5. (a) When a nonprofit legal aid agency is involved in providing legal services to an indigent person under this article, the court concerned may allow to the legal aid agency an amount equivalent to the compensation and direct expenses otherwise allowable to an assigned attorney. In this event the county governing authority shall pay to the legal aid agency the amount so determined from public funds available for the operation of the courts in the county.

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(b) The county governing authority may, in lieu of compensation allowable under subsection (a) of this Code section, contract with a nonprofit legal aid agency on an annual basis for rendering all or part of the legal services contemplated under this article.

17-12-19.6. (a) In addition to the arrangements authorized under Code Section 17-12-19.3, the superior court of a county, with the concurrence of the county governing authority, may establish and maintain an office of public defender to provide indigent persons with the representation contemplated under this article. (b) If an office of public defender is established for a county, the superior court of that county shall appoint a person to serve as public defender for a term of two years. The public defender must be licensed to practice law in this state and must be competent to counsel and defend a person charged with a crime. During his or her incumbency the public defender may not engage in the practice of criminal law other than in the discharge of the duties of his or her office unless he or she is approved in writing to practice criminal law by the senior judge of the superior court of his or her judicial circuit. The superior court, with the concurrence of the county governing authority, shall determine whether the public defender is to be employed on a full-time or a part-time basis and shall determine his or her compensation. (c) If an office of public defender is established, the public defender may employ, in the manner and at the compensation prescribed by the superior court and concurred in by the county governing authority, as many assistant public defenders, clerks, investigators, stenographers, and other persons as may be necessary for carrying out his or her responsibilities under this article. A person employed under this subsection serves at the pleasure of the public defender, unless his or her position is under a civil service system in which he or she may be removed only for cause. (d) If an office of public defender is established, the county governing authority shall provide appropriate facilities, including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail, necessary for carrying out the public defender's responsibilities under this article or shall grant the public defender an allowance in place of such facilities. (e) If an office of public defender is established, his or her compensation, expenses and allowances, and the expense necessary to establish, maintain, and support his or her office shall be paid by the county governing authority out of public funds available for the operation of the courts in the county. (f) The superior court of a circuit, with the concurrence of the county governing authority of two or more counties within the same circuit, may establish and maintain a joint office of public defender under this Code section; or a single governing authority may contract with a public defender of another county within the same circuit for the services of his or her office to serve as the public defender, provided the superior court of the circuit and the governing authority of the county concur in the contract.

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17-12-19.7. No person may be assigned the primary responsibility of representing an indigent person unless he or she is authorized to practice law in this state and is otherwise competent to counsel and defend a person charged with a crime. Competence shall be determined by the court concerned at the first court proceeding after the assignment of counsel. A person authorized to practice legal aid under Chapter 20 of Title 15 is competent to represent an indigent person, provided that in any trial a person authorized to practice law in this state is also present.

17-12-19.8. At any stage of the criminal proceedings, including appeal or other post-conviction proceedings, the court concerned may fur good cause assign a substitute attorney. The substitute attorney shall have the same functions with respect to the indigent person as the attorney for whom he or she is substituted. If the substitute attorney is not employed in the office of the public defender or in a nonprofit legal aid agency serving under this article, the court shall prescribe reasonable compensation for him or her and approve the expenses necessarily incurred by him or her in the defense of the indigent person, as provided in Code Section 17-12-4.

17-12-19.9. (a) When a superior court prescribes an arrangement for providing representation under this article, it may also prescribe a standard to govern the determination of indigency by all courts concerned within the county. The superior court may prescribe the requirements for a proper showing of material fuctors relating to ability to pay for legal services and the proper form and authentication thereof. In establishing an indigency standard, the superior court shall consider such factors as income, property owned, expenses, outstanding obligations, and the number and ages of dependents. Release on bail shall not necessarily preclude a person from being considered indigent, nor shall it be necessary that a person be destitute or a pauper to be considered indigent. (b) In a proceeding to determine indigency under this Code section, any person who makes a fulse statement, under oath, concerning any material fuctor related to his, her, or another's ability to pay fur legal services commits the crime of perjury. (c) To the extent that a person covered under this Code section is able to provide for the employment of an attorney, the other necessary services and facilities of representation, and court costs, the court concerned may order him or her to provide for this payment or reimbursement.

17-12-19.10. (a) The county may recover payment or reimbursement, as the case may be, from each person who has received legal assistance or another benefit under this article:
(I) To which he or she was not entitled;

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(2) With respect to which he or she was not an indigent person when he or she received it; or (3) With respect to which he or she has failed to make payment or reimbursement ordered under subsection (c) of Code Section 17-12-19.9 and for which he or she refuses to pay or reimburse. (b) An action must be brought within four years after the date on which the aid was received. (c) The county may recover payment or reimbursement, as the case may be, from each person, other than a person covered by subsection (a) of this Code section, who has received legal assistance under this article and who, on the date on which the action is brought, is financially able but refuses to pay or reimburse the county for the assistance according to the standards of ability to pay applicable under this article. The action must be brought within four years after the date on which the benefit was received.

17-12-19.11. (a) A defending attorney shall keep appropriate records respecting each indigent person whom he or she represents under this article. (b) The public defender, legal aid agency, or person administering a court prescribed defender plan shall submit an annual report to the county governing authority, which report shall show the number of persons represented under this article, the crimes involved, the outcome of each case, and the expenditures (totaled by kind) made in carrying out the responsibilities imposed by this article. A copy of the report shall also be submitted to each court having criminal jurisdiction in the county or counties which the program serves.

17-12-19.12. (a) For each fiscal year, the county governing authority in each county shall include in its annual budget for the operations of the courts in the county an additional amount to finance the costs and expenses necessary for the implementation ofthis article. (b) The county governing authority in each county may accept private contributions fur the support of the administration of this article.

17-12-19.13. This article applies only to counties that were operating local indigent defense programs under former Article I of this chapter, 'The Georgia Criminal Justice Act,' as it existed immediately prior to December 31, 2003, for representation in the courts of this state, except that it does not prohibit a defending attorney from representing an indigent person in a federal court of the United States if:
(I) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction ofthis state; or (2) Representation is under an approved plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. 3006A).

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17-12-19.14. This article shall be repealed in its entirety on December 31, 2004:
SECTION 17. Said Title 17 is further amended by striking subsection (a) of Code Section 17-12-20, relating to the public defender selection panel for each judicial circuit, and inserting in lieu thereof the following:
'(a) There is created in each judicial circuit in the state a circuit public defender selection panel to be composed of five members. The membership shall be composed of one member each appointed by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court of Georgia, and the chiefjudge ofthe superior court of the circuit. Members of the circuit public defender selection panel shall be individuals with significant experience working in the criminal justice system or who have demonstrated a strong commitment to the provision of adequate and effective representation of indigent defendants. A prosecuting attorney as defined in paragraph (6) of Code Section 19-13-51, any employee of a prosecuting attorney's office, or an employee of the Prosecuting Attorneys' Council of the State of Georgia shall not serve as a member of the circuit public defender selection panel after July 1, 2005. Members of the circuit public defender selection panel shall reside in the judicial circuit in which they serve. The circuit public defender selection panel members shall serve for a term of five years. Any vacancy for an appointed member shall be filled by the appointing authority.'
SECTION 18. Said Title 17 is further amended by striking subsection (a) of Code Section 17-12-25, relating to the salary of the circuit public defender, and inserting in lieu thereof the following:
'(a) Each circuit public defender shall receive an annual salaryof$87 ,593.58 and cost-of-living adjustments as may from time to time be granted to employees of the executive, judicial, and legislative branches of government from state funds.'
SECTION 19. Said Title 17 is further amended by striking Code Section 17-12-26, relating to the budget of the council and support from the Administrative Office of the Courts, and inserting in lieu thereof the following:
'17-12-26. (a) The council shall prepare and submit to the Judicial Council ofGeorgia an annual proposed budget necessary for fulfilling the purposes of this article in accordance with Code Section 45-12-7 8. The budget request shall be based on the previous year s expenditures and budget requests submitted by each circuit public defender, the multicounty public defender office or its successor, and the office of the mental health advocate. The council's total budget request for funding for the operations ofthe circuit public defender offices and the council's programs shall not exceed the amount of funds collected for indigent defense

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pursuant to Code Sections 15-21-73 and 15-21A-6. For fiscal years beginning prior to July I, 2006, such funds collected fur indigent defense may be estimated by the council based on actual monthly collections received prior to the council's budget request submission. The council is also authorized to seek, solicit, apply for, and utilize funds from any public or private source to use in fulfilling the purposes of this article. (b) The budget of the council shall include the budget of all circuit public defenders and other offices and entities, including conflict defender offices and appointed attorneys providing indigent defense representation under the authority of this article and the multicounty public defender office and the office of the mental health advocate.
(c)(!) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the council pursuant to this Code section shall be paid out of funds as may be appropriated by the General Assembly. (2) On or before June I of each year, the council shall establish and furnish to each circuit public defender and the state auditor the travel budget fur each judicial circuit based on the amount appropriated by the General Assembly for travel. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the circuit public defender of each judicial circuit, the geographic size and the caseload of each circuit, and other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each circuit public defender, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust the travel budget as may be necessary to carry out the purposes of this subsection. (4) Neither the circuit public defender nor any personnel compensated by the state pursuant to the provisions of this article shall be reimbursed from state funds for any expenses for which the person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse expenses which may be incurred by the person in the performance of his or her official duties to the extent the expenses are not reimbursed by the state as provided in this Code section.'

SECTION 20. Said Title 17 is further amended by striking Code Section 17-12-27, relating to appointment of assistant public defenders, salary, and promotions, and inserting in lieu thereof the following:
'17-12-27. (a) Subject to the provisions ofthis Code section, the circuit public defender in each judicial circuit is authorized to appoint:

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

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(f) Any assistant public defender appointed pursuant to this Code section may be promoted to the next highest job at any time the attorney meets the minimum qualifications for such job, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the job from which the attorney is to be promoted. When an assistant public defender is promoted to the next highest job, the assistant public defender shall enter the higher job at an annual salary greater than the annual salary the assistant public defender was receiving immediately prior to the promotion. (g) All full-time state paid employees of the office of the circuit public defender shall be state employees in the unclassified service of the State Merit System of Personnel Administration with all benefits of such appointed state employees as provided by law. (h) Notwithstanding the provisions of subsection (g) of this Code section, an employee of a local public defender office who was an employee of the office on June 30, 2004, and who becomes a circuit public defender or an employee of a circuit public defender office before July I, 2005, may elect, with the consent of the former employer and the consent of the council, to remain an employee of the entity for which the employee worked as a local public defender; and such entity shall be his or her employer for all purposes, including, without limitation, compensation and employee benefits. The right to make an election pursuant to this subsection shall expire on July 1, 2005. The council shall reimburse the appropriate entity for compensation, benefits, and employer contributions under the federal Social Security Act, but the total payment from the council to the entity on behalf of the employee shall not exceed the amount otherwise payable to or for the employee under the circumstance where the employee had bepome a state employee.'

SECTION 21. Said Title 17 is further amended by striking subsections (d) and (e) of Code Section 17-12-28, relating to appointment of investigator, and inserting in lieu thereof the following:
'(d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary range established pursuant to Code Section 17-12-30. The salary range for the investigator appointed pursuant to this Code section shall be not less than $30,828.00 nor more than 70 percent of the compensation of the circuit public defender from state funds.
(e)( I) Except as otherwise provided in this subsection, an investigator appointed pursuant to this Code section shall be appointed initially to the entry grade of the job on the state-wide pay ranges. (2) Any person who is employed in a nonstate paid investigator's position within the office of the circuit public defender may be transferred to a state paid position. Such transfer shall be to the job and salary range commensurate with the education and experience of the employee. (3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator

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pursuant to this Code section without a break in service may be appointed to an annual salary at least equal to the annual salary the person received on the last day of employment immediately preceding said appointment. (4) Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or authority thereof may be appointed to the salary that gives the officer credit for experience as a full-time certified peace officer.'

SECTION 22. Said Title 17 is further amended by striking subsection (b) of Code Section 17-12-29, relating to employment ofsupplemental personnel and compensation, and inserting in lieu thereof the following:
'(b) Personnel appointed pursuant to this Code section shall be compensated based on a salary range developed in accordance with Code Section 17-12-30.'

SECTION 23. Said Title 17 is further amended by striking subsection (c) of Code Section 17-12-30, relating to classification of personnel, and inserting in lieu thereof the following:
'(c)( I) The council shall establish salary ranges for each state paid position authorized by this article or any other provision of law. Salary ranges shall be similar to the state-wide and senior executive ranges adopted by the State Merit System of Personnel Administration and shall provide for minimum, midpoint, and maximum salaries not to exceed the maximum allowable salary. In establishing the salary ranges, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary ranges to include across-the-board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The circuit public defender shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the job to which the person is appointed and the appropriate salary range. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be increased at the first of the calendar month following the annual anniversary of the person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay range. (4) Any reduction in salary shall be made in accordance with the salary range for the position and the policies, rules, or regulations adopted by the council. (5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services or the Administrative Office of the Courts, as determined by the council, as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services or the Administrative Office of the Courts, authorize employees compensated pursuant to this Code section to participate in

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voluntary salary deductions as provided by Article 3 of Chapter 7 ofTitle 45. (6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the circuit public defender, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article.'

SECTION 24. Said Title 17 is further amended by striking paragraph ( 1) of subsection (a) of Code Section 17-12-36, relating to establishment of alternate indigent defense delivery systems, as enacted by Ga. L. 2003, p. 191, and inserting in lieu thereof the following:
'(I) The delivery system: (A) Has a full-time director and staff and had been fully operational for at least two years on July 1, 2003; or (B) Is administered by the county administrative office of the courts or the office of the court administrator of the superior court and had been fully operational for at least two years on July I, 2003 ;'.

SECTION 25. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by adding a new Chapter 6 to read as follows:

'CHAPTER 6

35-6-1. There is created the State Victim Services Commission. Such commission shall be responsible for developing a comprehensive state plan for assisting men, women, and children who are victims of crime through the distribution of the fme surcharges imposed for local victim assistance programs.

35-6-2. (a) The State Victim Services Commission shall consist of 15 members as follows:
( 1) The executive director of the Prosecuting Attorneys Council of Georgia or his or her designee; (2) The president of the Georgia Sheriffs' Association or his or her designee; (3) The executive director of the Criminal Justice Coordinating Council or his or her designee; (4) The chairperson of the Georgia Commission on Family Violence or his or her designee; (5) The executive director of the Georgia Coalition Against Domestic Violence or his or her designee; (6) The executive director of the Association County Commissioners of

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Georgia or his or her designee; (7) The executive director of the Children's Advocacy Centers of Georgia or his or her designee; (8) The executive director of the Georgia Superior Court Clerks' Cooperative Authority or his or her designee; (9) The executive director of the Georgia Association of Homes and Services for Children or his or her designee; (10) The executive director ofthe Georgia Municipal Association or his or her designee; (II) The executive director of the Georgia Network to End Sexual Assault or his or her designee; (12) A district attorney appointed by the Prosecuting Attorneys' Council of Georgia; (13) One member appointed by the Governor; (14) One member appointed by the Lieutenant Governor; and (15) One member appointed by the Speaker of the House of Representatives. (b) The term of appointment shall be three years for initial members appointed in accordance with the provisions of paragraphs (13) and (15) of subsection (a) of this Code section. The term of appointment shall be two years for initial members appointed in accordance with the provisions of paragraphs ( 12) and ( 14) of subsection (a) of this Code section. The letter of appointment shall set out the term for which each member is appointed. Thereafter, each member shall be appointed for a term of two years, and no member may serve more than two consecutive terms. All vacancies shall be filled for the unexpired term by an appointee of the original appointing official. (c) The commission shall elect a chairperson, vice chairperson, and a secretary \from among its members for terms of two years, and any member shall be eligible fur successive election to such office by the commission. (d) The commission shall hold regular meetings at such times and such places as it may deem necessary or convenient to enable the commission to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this chapter. Special meetings may be called by the chairperson or a majority of the members of the commission. (e) A quorum for transacting business shall be determined by the members of the commission. (f) The members of the commission shall serve without compensation or expense reimbursement.

35-6-3. (a) The State Victim Services Commission shall have the following powers and duties:
(1) To review the financial reports submitted pursuant to Code Section 15-21-13 2 concerning local victim assistance programs;

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PROCLAMATIONS AND ACTS

(2) To assess the degree of compliance of the courts in collecting and forwarding funds authorized to be collected pursuant to Article 8 of Chapter 21 ofTitle 15; (3) To review and determine the extent to which county governing authorities collect funds from the courts and distribute such funds to victim services programs; (4) To assess the extent to which such funds are utilized by such victim services programs to provide direct services to victims of crimes; (5) To recommend changes in legislation that will ensure compliance in the collection, distribution, and use of victim assistance funds as needed; and (6) To recommend as necessary and advisable rules and regulations for the collection and distribution of funds by court officers pursuant to Article 8 of Chapter 21 ofTitle 15. (b) The commission may establish a victim services ombudsman program, provided that funds are appropriated by the General Assembly for such purpose or the commission receives sufficient funds from private grants or donations to fund such program.

35-6-4. (a) The state auditor is authorized and directed to assist the State Victim Services Commission in the discharge of its duties set furth in this chapter. (b) Any victim assistance program, including programs operated by public officers, that receives funds pursuant to Article 8 of Chapter 21 of Title 15 shall make available to the State Victim Services Commission, the state auditor, or such other persons as the State Victim Services Commission may designate all books and records of all receipts, income, and expenditures of such funds. The commission and its designees shall be authorized to inspect and make abstracts of records of services provided to victims of crimes by any victim assistance program, including programs operated by public officers, that receives funds pursuant to Article 8 of Chapter 21 of Title 15, provided that the commission and its designees shall not disclose the content of individually identifiable records that contain infOrmation that is privileged or confidential under the laws of this state or federal law.'

SECTION 26. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking subsection (d) of Code Section 42-8-34, relating to determination and disposition of probation, and inserting in its place a new subsection to read as follows:
'(d)( 1) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fme or order of restitution imposed by the court, there shall be imposed a probation fue as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision, and in addition, a one-time fee of$50.00 where such

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defendant was convicted of any felony. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating fuctors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement fucility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. Any fees collected by the court under this paragraph shall be remitted not later than the last day of the month after such fee is collected to the Superior Court Clerks Cooperative Authority for deposit into the general fund of the state treasury. (2) In addition to any other provision of law, any person convicted of a violation of Code Section 40-6-391 or subsection (b) of Code Section 16-13-2 who is sentenced to probation or a suspended sentence by a municipal, magistrate, probate, recorder's, mayor s, state, or superior court shall also be required by the court to pay a one-time fee of $25.00. The clerk of court, or if there is no clerk the person designated to collect fines, fees, and forfeitures for such court, shall collect such fee and remit the same not later than the last day of the month after such fee is collected to the Georgia Superior Court Clerks' Cooperative Authority for deposit into the general fund of the state treasury.'

SECTION 27. (a) Sections I through 16, Sections 25 and 26, this section, and Section 2 8 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (b) Section 17 of this Act shall become effective on January I, 2005; provided, however, that for purposes of the appointment of the members of the circuit public defender selection panels in conformity with Section I 7 of this Act as may be necessary or appropriate to prepare for and phase in full implementation of Article 2 of Chapter 12 ofTitle 17 ofthe Official Code of Georgia Annotated as enacted by Ga. L. 2003, p. 191, Section 17 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. (c) Sections 18 through 24 of this Act shall become effective on January I, 2005.

SECTION 28. All laws and parts of laws in conflict with this Act are repealed.

Approved June 15, 2004.

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PROCLAMATIONS AND ACTS

CITY OF GRIFFIN- LEASE OF MUNICIPAL PROPERTY.

No. lEX (House Bill No. HB 3EX).

AN ACT

To authorize the City ofGrifim 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 fur the termination of any such lease; to provide fur related matters; to provide an effective date; to provide for a contingency; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. (a) The City of Griffin is authorized to lease or enter into a contract for a valuable consideration for the operation and management, and renewals and extensions thereof, of any real or personal property owned by the City of Griffm 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 50l(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 fur 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 effect of authorizing alienation oftitle 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 City of Griffin 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 indemnifY the City of Griffin and hold it harmless from any claim, suit, or demand made by such person. As an additional condition

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of any such lease or management contract, the lessee or contractee shall provide to and maintain with the City of Griffin 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 City of Griffin that the lessee or contractee has in force and effect the liability insurance required by this subsection which the City of Griffin shall retain on file. As a further condition of any lease or management contract, the lessee or contractee shall agree to indemnify the City of Griffin 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 City of Gri:flm for the lease or management contract shall not be deemed a charge within the meaning of Article 2 ofChapter 3 ofTitle 51 ofthe O.C.G.A. (b) The City of Griffin shall have the right unilaterally to terminate such lease after giving three months' notice of its intention to do so. (c) Any lease entered into as provided in subsection (a) of this section 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 City of Griffin 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. (d) Any lease entered into as provided in subsection (a) of this section shall be for the fair market value of the property; provided, however, that improvements made by the tenant to the leased property and donated to the City of Gri:flm or an authority of the City of Gri:flm shall be valued and may apply as rent on a prorated basis and that, at the expiration or termination of such lease, such improvements shall remain and shall be the property of the City of Gri:flm or an authority of the City ofGri:flm, as applicable.

SECTION 2. This Act shall become effective on July I, 2004, provided that House Bill No. 1565 passed by the General Assembly during its 2004 Regular Session authorizing the General Assembly by local law to authorize municipalities to enter into the type of leases contemplated by this Act becomes effective on or before such date. Otherwise, this Act shall stand repealed as of such date and shall be of no force and effect.

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

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PROCLAMATIONS AND ACTS

Notice is given that there will be introduced at the 2004 special session of the General Assembly of Georgia a bill to authorize the City of Griff"m to lease municipal property for up to five years with options to renew fur 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 such lease; to provide for related matter; to provide an effective date; to provide for a contingency; and for other purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John P. Yates, who on oath deposes and says that he is the Representative from District 85, Post I and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County on May I, 2004, and that the notice requirements of Code Section 2 8-1-14 have been met.

s/ JOHN P. YATES John P. Yates Representative, District 85, Post I
Sworn to and subscribed before me, this 3rd day of May, 2004.
s/ DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)
Approved May 17, 2004.

GLASCOCK COUNTYTREASURER; COMPENSATION.
No. 2EX (House Bill No. HB 4EX).
AN ACT
To amend an Act fixing the salary of the Treasurer of Glascock County, approved August 4, 1917 (Ga. L. 1917, p. 363), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3736), so as to change the compensation ofthe

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treasurer of said county; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. An Act fixing the salary of the Treasurer of Glascock County, approved August 4, 1917 (Ga. L. 1917, p. 363), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3736), is amended by striking Section I and inserting in lieu thereof a new Section I to read as fullows:

'SECTION I. The Treasurer of Glascock County shall be paid a salary of $3,600.00 per annum for his or her services as such treasurer and he or she shall not receive any fees or other compensation from said office. Such salary shall be paid in monthly or quarterly installments pro rata, as may be agreed upon by said treasurer and the County Commissioners of Glascock County, or said treasurer may waive his or her right to have such salary paid monthly or quarterly and instead receive said salary at the end of the year at his or her option.'

SECTION 2. This Act shall become effective on January I, 2005.

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

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the 2004 special session of the General Assembly of Georgia a bill to amend an Act fixing the salary of the Treasurer of Glascock County, approved August 4, 1917 (Ga. L. 1917, p. 363), as amended, particularly by an Act approved March 31, 1976 (Ga. L. 1976, p. 3736) so as to change the compensation of the treasurer of said county; to provide an effective date; to repeal conflicting laws; and for other purposes.

This 26 day of April, 2004.

Sistie G. Hudson State Representative, District 95

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sistie Hudson, who on oath deposes and says that she is the Representative from District 95 and fur1her deposes and says that the attached

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PROCLAMATIONS AND ACTS

Notice of Intention to Introduce Local Legislation was published in the News and Farmer/Jefferson Reporter which is the official organ of Glascock County on April 29, 2004, and that the notice requirements ofCode Section 28-1-14 have been met.

s/ SISTIE HUDSON Sistie Hudson Representative, District 95

Sworn to and subscribed before me, this May 3, 2004

sl SUSAN GORDON Susan Gordon Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2005 (SEAL)

Approved May 17, 2004.

CITY OF POWDER SPRINGS REDEVELOPMENT POWERS; REFERENDUM.
No. 3EX (House Bill No. HB SEX).
AN ACT
To authorize the City of Powder Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; 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. The City ofPowder Springs shall be and is authorized to exercise all redevelopment and other powers under Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended. The intention of this Act is to authorize the City of Powder Springs to undertake and carry out community redevelopment, to create tax allocation districts, to issue tax allocation bonds, and to incur other obligations within the meaning of and as fully permitted under the

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provisions of Article IX, Section II, Paragraph VII(b) of the Constitution of the State of Georgia of 1983, as amended, and to authorize the City of Powder Springs to exercise redevelopment powers as fully as the "Redevelopment Powers Law" may now or hereafter permit and not to limit any redevelopment powers permitted under the "Redevelopment Powers Law."

SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Powder Springs shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Powder Springs for approval or rejection. The election superintendent shall conduct that election on the date of the November, 2004, general election and shall issue the call and conduct that election as provided by general law. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cobb County. The ballot shall have written or printed thereon the words:
"YES ( ) Shall the Act be approved which authorizes Powder Springs to exercise redevelopment powers under the 'Redevelopment Powers
NO ( ) Law,' as it may be amended from time to time?"
All persons desiring to vote for approval of the Act shall vote "Yes," and all persons desiring to vote for rejection of the Act shall vote ''No." If more than one-half of the votes cast on such question are for approval of the Act, then Section I of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section I of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Powder Springs. It shall be the election superintendent" s duty to certify the result thereof to the Secretary of State.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION

Notice is given that there will be introduced at the 2004 special session of the General Assembly of Georgia a bill to authorize the City of Powder Springs to exercise all redevelopment and other powers under Article IX, Section II, Paragraph

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PROCLAMATIONS AND ACTS

VII(b) of the Constitution and Chapter 44 of Title 36 of the O.C.G.A., the "Redevelopment Powers Law," as amended; to provide for a referendum; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for ?ther purposes.

GEORGIA, FULTON COUNTY

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Wix, who on oath deposes and says that he is the Representative from District 33, Post I and further deposes and says that the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County on May I, 2004, and that the notice requirements of Code Section 28-1-14 have been met.

siDON WIX Don Wix Representative, District 33, Post I

Sworn to and subscribed before me, this 3rd day ofMay, 2004.

sl DEANA COKER Deana Coker Notary Public, Henry County, Georgia My Commission Expires Aug. 25,2007 (SEAL)

Approved May 17, 2004.

ACTS AND RESOLUTIONS OF THE
GENERAL ASSEMBLY
OF THE
STATE OF GEORGIA
2005
COMPILED AND PUBLISHED BY AU1HORITY OF THE STATE
Volume One Book One

GEORGIA LAWS 2005 SESSION
CIVIL PRACTICE- EVIDENCE- INSURANCEPROFESSIONS- TORTS- TORTS; HEALTHCARE;
REVISE SUBSTANTIALLY.
No. I (Senate Bill No. 3).
AN ACT
To amend Titles 9, 24, 33, 43, and 51 of the Official Code of Georgia Annotated, relating respectively to civil practice; evidence; insurance; professions and businesses; and torts, so as to provide for substantive and comprehensive revision of provisions regarding civil practice, evidentiary matters, and liability in tort actions in general and actions related to health care in particular; to provide for legislative findings; to change provisions relating to venue in actions with joint defendants; to provide that the courts ofthis state may under certain circumstances decline to decide cases under the doctrine of furum non conveniens; to change provisions relating to affidavits accompanying charges of professional malpractice; to provide for defendants access to plaintiffs' health information in medical malpractice cases; to provide for offers for judgment and the effect thereof; to provide new procedures for damages for frivolous claims and defenses; to provide that certain statements of apology or similar statements by health care providers shall not be admitted as evidence in civil actions; to change provisions relating to opinions of experts in civil cases; to create provisions regarding expert opinions in certain malpractice civil actions; to change provisions relating to reporting of medical malpractice judgments and settlements; to provide for investigations and remedial actions with respect to physicians' fitness to practice under certain circumstances; to change provisions relating to establishment of liability and standard of care in certain actions relating to emergency health care; to change provisions relating to agency liability of hospitals; to change provisions relating to apportionment of award according to degree of fault; to create provisions relating to apportioning damages in certain malpractice actions; to limit noneconomic damages in certain actions relating to health care; to provide for payment over time of certain future damages in certain actions; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting Jaws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds that there presently exists a cnsts affecting the provision and quality of health care services in this state. Hospitals and other health care providers in this state are having increasing difficulty in locating liability insurance and, when such hospitals and providers are able to locate such insurance, the insurance is extremely costly. The result of this crisis is the potential for a diminution of the availability of access to health care services and a resulting

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GENERAL ACTS AND RESOLUTIONS, VOL. I

adverse impact on the health and well-being of the Citizens of this state. The General Assembly further fmds that certain civil justice and health care regulatory reforms as provided in this Act will promote predictability and improvement in the provision of quality health care services and the resolution of health care liability claims and will thereby assist in promoting the provision of health care liability insurance by insurance providers. The General Assembly further finds that certain needed reforms affect not only health care liability claims but also other civil actions and accordingly provides such general reforms in this Act.

SECTION 2. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-10-31, relating to actions against certain codefendants residing in different counties, and inserting in its place new Code Sections 9-10-31 and 9-10-31.1 to read as follows:
'9-1 0-31. (a) The General Assembly fmds that Paragraph IV of Section II of Article VI of the Georgia Constitution permits a trial and entry of judgment against a resident of Georgia in a county other than the county of the defendant's residence only if the Georgia resident defendant is a joint obligor, joint tort-feasor, joint promisor, copartner, or joint trespasser. (b) Subject to the provisions of Code Section 9-10-31.1, joint tort-feasors, obligors, or promisors, or joint contractors or copartners, residing in different counties, may be subject to an action as such in the same action in any county in which one or more of the defendants reside. (c) In any action involving a medical malpractice claim as defined in Code Section 9-9-60, a nonresident defendant may require that the case be transferred to the county of that defendant's residence if the tortious act upon which the medical malpractice claim is based occurred in the county of that defendant's residence. (d) If all defendants who reside in the county in which an action is pending are discharged from liability before or upon the return of a verdict by the jury or the court hearing the case without a jury, a nonresident defendant may require that the case be transferred to a county and court in which venue would otherwise be proper. If venue would be proper in more than one county, the plaintiff may elect from among the counties in which venue is proper the county and the court in which the action shall proceed. (e) Nothing in this Code section shall be deemed to alter or amend the pleading requirements of Chapter 11 of this title relating to the filing of complaints or answers.

9-10-31.1. (a) If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a furum outside this state or in a different county of proper venue within this state, the court shall decline to adjudicate the

GEORGIA LAWS 2005 SESSION

3

matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall dismiss the claim or action. As to a claim or action that would be more properly heard in a different county of proper venue within this state, the venue shall be transferred to the appropriate county. In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of furum non conveniens, the court shall give consideration to the following fuctors:
(1) Relative ease of access to sources of proof; (2) Availability and cost of compulsory process for attendance of unwilling witnesses; (3) Possibility of viewing of the premises, if viewing would be appropriate to the action; (4) Unnecessary expense or trouble to the defendant not necessary to the plaintiff's own right to pursue his or her remedy; (5) Administrative difficulties fur the furum courts; (6) Existence oflocal interests in deciding the case locally; and (7) The traditional deference given to a plaintiff's choice of forum. (b) A court may not dismiss a claim under this Code section until the defendant files with the court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, all the defendants waive the right to assert a statute of limitations defense in all other states ofthe United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed.'

SECTION 3. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking Code Section 9-11-9 .I, relating to affidavits in professional malpractice cases, and inserting in its place a new Code section to read as follows:

'9-11-9.1. (a) In any action for damages alleging professional malpractice against a professional licensed by the State of Georgia and listed in subsection(d) of this Code section or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection(d) of this Code section, the plaintiff shall be required to file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the fuctual basis for each such claim. (b) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed on or before the close of discovery, that said affidavit is defective, the plaintiff's complaint is subject to dismissal for failure to state a claim, except that the plaintiff may cure the alleged defect by amendment pursuant to Code Section

4

GENERAL ACTS AND RESOLUTIONS, VOL. I

9-11-15 within 30 days of service of the motion alleging that the affidavit is defective. The trial court may, in the exercise of its discretion, extend the time for filing said amendment or response to the motion, or both, as it shall determine justice requires. (c) If a plaintiff filils to file an affidavit as required by this Code section and the defendant raises the failure to file such an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, such complaint shall not be subject to the renewal provisions of Code Section 9-2-61 after the expiration of the applicable period of limitation, unless a court determines that the plaintiff had the requisite affidavit within the time required by this Code section and the failure to file the affidavit was the result of a mistake. (d) The professions to which this Code section applies are:
(I) Architects; (2) Audiologists; (3) Attorneys at law; (4) Certified public accountants; (5) Chiropractors; (6) Clinical social workers; (7) Dentists; (8) Dietitians; (9) Land surveyors; (10) Medical doctors; (11) Marriage and family therapists; (12) Nurses; (13) Occupational therapists; (14) Optometrists; ( 15) 0 steopathic physicians; (16) Pharmacists; (17) Physical therapists; (18) Physicians assistants; (19) Professional counselors; (20) Professional engineers; (21) Podiatrists; (22) Psychologists; (23) Radiological technicians; (24) Respiratory therapists; (25) Speech-language pathologists; or (26) Veterinarians.'

SECTION 4. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting a new Code Section 9-11-9.2 to read as fullows:
'9-11-9.2. (a) In any action for damages alleging medical malpractice against a professional licensed by the State of Georgia and listed in subsection (d) of Code Section

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9-11-9.I, against a professional corporation or other legal entity that provides health care services through a professional licensed by the State of Georgia and listed in subsection (d) of Code Section 9-11-9.I , or against any licensed health care facility alleged to be liable based upon the action or inaction of a health care professional licensed by the State of Georgia and listed in subsection (d) of Code Section 9-11-9 .I, contemporaneously with the filing of the complaint, the plaintiff shall be required to file a medical authorization form. Failure to provide this authorization shall subject the complaint to dismissal. (b) The authorization shall provide that the attorney representing the defendant is authorized to obtain and disclose protected health information contained in medical records to facilitate the investigation, evaluation, and defense of the claims and allegations set forth in the complaint which pertain to the plaintiff or, where applicable, the plaintiffs decedent whose treatment is at issue in the complaint. This authorization includes the defendant's attorney's right to discuss the care and treatment of the plaintiff or, where applicable, the plaintiffs decedent with all of the plaintiffs or decedent's treating physicians. (c) The authorization shall provide for the release of all protected health information except information that is considered privileged and shall authorize the release of such infOrmation by any physician or health care fucility by which health care records of the plaintiff or the plaintiffs decedent would be maintained.'

SECTION 5. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by inserting in place of Code Section 9-11-6 8, which is reserved, a new Code Section 9-11-68 to read as follows:
'9-11-68. (a) At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may serve upon the other party, but shall not file with the court, a written offer, denominated as an offer under this Code section, to settle a tort claim for the money specified in the offer and to enter into an agreement dismissing the claim or to allow judgment to be entered accordingly. Any offer under this Code section must:
(I) Be in writing and state that it is being made pursuant to this Code section; (2) Identify the party or parties making the proposal and the party or parties to whom the proposal is being made; (3) Identify generally the claim or claims the proposal is attempting to resolve; (4) State with particularity any relevant conditions; (5) State the total amount of the proposal; (6) State with particularity the amount proposed to settle a claim for punitive damages, if any; (7) State whether the proposal includes attorney's fees or other expenses and whether attorney's fees or other expenses are part of the legal claim; and

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(8) Include a certificate of service and be served by certified mail or statutory overnight delivery in the form required by Code Section 9-11-5. (b) When the complaint sets forth a tort claim for money, if the offeree rejects or does not accept the offer and the judgment finally obtained by the offeree was not at least 25 percent more fuvorable than the last ofrer, the offeree shall pay the offeror's reasonable attorney's fees and costs incurred after the rejection of the last offer. (c) Any ofrer made under this Code section shall remain open for 30 days unless sooner withdrawn by a writing served on the offeree prior to acceptance by the offeree, but an offeror shall not be entitled to attorney's fees and costs under subsection (b) of this Code section to the extent an offer is not open for at least 30 days (unless it is rejected during that 30 day period). A counteroffer shall be deemed a rejection but may serve as an offer under this Code section if it is specifically denominated as an offer under this Code section. Acceptance or rejection of the offer by the offeree must be in writing and served upon the offeror. An offer that is neither withdrawn nor accepted within 30 days shall be deemed rejected. The fuct that an ofrer is made but not accepted does not preclude a subsequent offer. Evidence of an offer is not admissible except in proceedings to enfurce a settlement or to determine reasonable attorney's fees and costs under this Code section. (d) Upon motion made within 30 days of the entry of the judgment or after voluntary or involuntary dismissal, the court shall determine the following: (I) If the offer of judgment was 25 percent more favorable than the monetary award, the court shall award reasonable attorney's fees and costs and the court shall set off such reasonable attorney's fees and costs against any award; and (2) If a party is entitled to costs and tees pursuant to the provisions of this Code section, the court may determine that an offer was not made in good faith in an order setting forth the basis for such a determination. In such case, the court may disallow an award ofattorney's fees and costs. (e) Upon motion by the prevailing party at the time that the verdict or judgment is rendered, the moving party may request that the finder of fact determine whether the opposing party presented a frivolous claim or defense. In such event, the court shall hold a separate bifurcated hearing at which the finder of fuct shall make a determination of whether such frivolous claims or defenses were asserted and to award damages, if any, against the party presenting such frivolous claims or defenses. Under this subsection: (I) Frivolous claims shall include, but are not limited to, the following:
(A) A claim, defense, or other position that lacks substantial justification or that is not made in good faith or that is made with malice or a wrongful purpose, as those terms are defined in Code Section 51-7-80; (B) A claim, defense, or other position with respect to which there existed such a complete absence of any justiciable issue of law or fact that it could not be reasonably believed that a court would accept the asserted claim, defense, or other position; and

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(C) A claim, defense, or other position that was interposed for delay or harassment; (2) Damages awarded may include reasonable and necessary attorney's fees and expenses of litigation; and (3) A party may elect to pursue either the procedure specified in this subsection or the procedure specified in Code Section 9-15-14, but not both."

SECTION 6. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by inserting after 24-3-37 a new Code Section 24-3-37.1 to read as
follows: '24-3-37.1. (a) The General Assembly fmds that conduct, statements, or activity constituting voluntary offers of assistance or expressions of benevolence, regret, mistake, error, sympathy, or apology between or among parties or potential parties to a civil action should be encouraged and should not be considered an admission of liability. The General Assembly further fmds that such conduct, statements, or activity should be particularly encouraged between health care providers and patients experiencing an unanticipated outcome resulting from their medical care. Regulatory and accreditation agencies are in some instances requiring health care providers to discuss the outcomes of their medical care and treatment with their patients, including unanticipated outcomes, and studies have shown such discussions foster improved communications and respect between provider and patient, promote quicker recovery by the patient, and reduce the incidence of claims and lawsuits arising out of such unanticipated outcomes. The General Assembly therefore concludes certain steps should be taken to promote such conduct, statements, or activity by limiting their admissibility in civil actions. (b) As used in this Code section, the term: (l) 'Health care provider' means any person licensed under Chapter 9, 1OA, 11, llA, 26, 28, 30, 33, 34, 35, 39, or44 of Title 43 or any hospital, nursing home, home health agency, institution, or medical facility licensed or defined under Chapter 7 of Title 31. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (2) 'Unanticipated outcome' means the outcome of a medical treatment or procedure, whether or not resulting from an intentional act, that differs from an expected or intended result of such medical treatment or procedure. (c) In any claim or civil action brought by or on behalf of a patient allegedly experiencing an unanticipated outcome of medical care, any and all statements, affirmations, gestures, activities or conduct expressing benevolence, regret, apology, sympathy, commiseration, condolence, compassion, mistake, error, or a general sense of benevolence which are made by a health care provider or an employee or agent of a health care provider to the patient, a relative of the patient, or a representative of the patient and which relate to the unanticipated

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outcome shall be inadmissible as evidence and shall not constitute an admission ofliability or an admission against interest.'

SECTION 7. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking Code Section 24-9-67, relating to expert opinion evidence, and inserting in its place new Code Sections 24-9-67 and 24-9-67.1 to read as follows:
'24-9-67. In criminal cases, the opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the fucts as proved by other witnesses.

24-9-67.1. (a) The provisions of this Code section shall apply in all civil actions. The opinion of a witness qualified as an expert under this Code section may be given on the fucts as proved by other witnesses. The fucts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing or trial. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect. (b) If scientific, technical, or other specialized knowledge will assist the trier of fact in any cause of action to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if:
(I) The testimony is based upon sufficient facts or data which are or will be admitted into evidence at the hearing or trial; (2) The testimony is the product of reliable principles and methods; and (3) The witness has applied the principles and methods reliably to the facts of the case. (c) Notwithstanding the provisions of subsection (b) of this Code section and any other provision oflaw which might be construed to the contrary, in professional malpractice actions, the opinions of an expert, who is otherwise qualified as to the acceptable standard of conduct of the professional whose conduct is at issue, shall be admissible only if, at the time the act or omission is alleged to have occurred, such expert: (I) Was licensed by an appropriate regulatory agency to practice his or her profession in the state in which such expert was practicing or teaching in the profession at such time; and

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(2) In the case of a medical malpractice action, had actual professional knowledge and experience in the area of practice or specialty in which the opinion is to be given as the result of having been regularly engaged in:
(A) The active practice of such area of specialty of his or her profession for at least three of the last five years, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in performing the procedure, diagnosing the condition, or rendering the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; or (B) The teaching of his or her profession for at least three of the last five years as an employed member of the faculty of an educational institution accredited in the teaching of such profession, with sufficient frequency to establish an appropriate level of knowledge, as determined by the judge, in teaching others how to perform the procedure, diagnose the condition, or ren.der the treatment which is alleged to have been performed or rendered negligently by the defendant whose conduct is at issue; and (C) Except as provided in subparagraph (D) of this paragraph:
(i) Is a member of the same profession; (ii) Is a medical doctor testifying as to the standard ofcare of a defendant who is a doctor of osteopathy; or (iii) Is a doctor of osteopathy testifying as to the standard of care of a defendant who is a medical doctor; and (D) Notwithstanding any other provision of this Code section, an expert who is a physician and, as a result of having, during at least three of the last five years immediately preceding the time the act or omission is alleged to have occurred, supervised, taught, or instructed nurses, nurse practitioners, certified registered nurse anesthetists, nurse midwives, physician's assistants, physical therapists, occupational therapists, or medical support staff, has knowledge ofthe standard of care of that health care provider under the circumstances at issue shall be competent to testify as to the standard of that health care provider. However, a nurse, nurse practitioner, certified registered nurse anesthetist, nurse midwife, physician's assistant, physical therapist, occupational therapist, or medical support staff shall not be competent to testify as to the standard of care of a physician. (d) Upon motion of a party, the court may hold a pretrial hearing to determine whether the witness qualifies as an expert and whether the expert's testimony satisfies the requirements of subsections (a) and (b) of this Code section. Such hearing and ruling shall be completed no later than the final pretrial conference contemplated under Code Section 9-11-16. (e) An affiant must meet the requirements of this Code section in order to be deemed qualified to testify as an expert by means of the affidavit required under Code Section 9-11-9 .I. (f) It is the intent of the legislature that, in all civil cases, the courts of the State of Georgia not be viewed as open to expert evidence that would not be admissible in other states. Therefore, in interpreting and applying this Code section, the

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courts of this state may draw from the opinions of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993); General Electric Co. v. Joiner, 522 U.S. 136 (1997); Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137 (1999); and other cases in federal courts applying the standards announced by the United States Supreme Court in these cases:

SECTION 8. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (b) ofCode Section 33-3-27, relating to reports of medical malpractice judgments and settlements, and inserting in its place a new subsection (b) to read as fullows:
'(b) Every insurer providing medical malpractice insurance coverage in this state shall notifY in writing the Composite State Board of Medical Examiners when it pays a judgment or enters into an agreement to pay an amount to settle a medical malpractice claim against a person authorized by law to practice medicine in this state. Such judgments or agreements shall be reported to the board regardless of the do liar amount. Such notice shall be sent within 30 days after the judgment has been paid or the agreement has been entered into by the parties involved in the claim."

SECTION 9. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (i) of Code Section 43-34-37, relating to disciplinary actions involving physicians, and inserting in its place new subsections (i) and (j) to read as follows:
'(i) The board shall investigate a licensee's or permit holder's fitness to practice medicine if the board has received a notification, pursuant to Code Section 33-3-27, regarding that licensee or permit holder of a medical malpractice judgment or settlement in excess of $100,000:00 or a notification pursuant to Code Section 33-3-2 7 that there have been two or more previous judgments against or settlements with the licensee or permit holder relating to the practice of medicine involving an action for medical malpractice. Every licensee or permit holder shall notifY the board of any settlement or judgment involving the licensee or permit holder involving an action for medical malpractice. (j) The board shall conduct an assessment of a licensee's fitness to practice medicine if it has disciplined the licensee three times in the last ten years as a result of an action for medical malpractice. The assessment shall include an examination of the licensee s entire history with respect to the practice of medicine and a one day on-site visit to the licensee's current practice location. The assessment shall be completed within six months of the third disciplinary action. As a result of its fmdings the board may take any action it deems necessary to reduce medical errors and promote patient safety, including revocation, suspension, or limiting the licensee's license or requiring additional clinical training, additional continuing medical education, proctoring, or referral to appropriate rehabilitation fucilities. As used in this subsection, the term 'action

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for medical malpractice' shall have the same meaning as provided in Code Section 9-3-70. The board shall implement this subsection upon the effective date of a specific appropriation of funds for purposes of this subsection as expressed in a line item making specific reference to the full funding of this subsection in an appropriations Act enacted by the General Assembly.'

SECTION 10. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Code section immediately following Code Section 51-1-29.4, to be designated Code Section 51-1-29.5 to read as fullows:
'51-1-29.5. (a) As used in this Code section, the term:
(I) 'Afftliate' means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with a specified person, including any direct or indirect parent or subsidiary. (2) 'Claimant' means a person, including a decedent's estate, who seeks or has sought recovery of damages in a health care liability claim. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person are considered a single claimant. (3) 'Control' means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of the person, whether through ownership of equity or securities, by contract, or otherwise. (4) 'Court' means any federal or state court. (5) 'Emergency medical care' means bona fide emergency services provided after the onset of a medical or traumatic condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that the absence of immediate medical attention could reasonably be expected to result in placing the patient's health in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part. The term does not include medical care or treatment that occurs after the patient is stabilized and is capable of receiving medical treatment as a nonemergency patient or care that is unrelated to the original medical emergency. (6) 'Emergency medical services provider' means any person providing emergency medical care. (7) 'Health care' means any act or treatment performed or furnished, or that should have been performed or furnished, by any health care provider for, to, or on behalf of a patient during the patient's medical care, treatment, or confinement. (8) 'Health care institution' means:
(A) An ambulatory surgical center; (B) A personal care home licensed under Chapter 7 of Title 31; (C) An institution providing emergency medical services; (D) A hospice; (E) A hospital; (F) A hospital system;

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(G) An intermediate care facility for the mentally retarded; or (H) A nursing home. (9) 'Health care liability claim' means a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, health care, or safety or professional or administrative services directly related to health care, which departure from standards proximately results in injury to or death of a claimant. (I 0) 'Health care provider' means: (A) Any person, partnership, professional association, corporation, facility, or institution duly licensed, certified, registered, or chartered by the State of Georgia to provide health care, including but not limited to:
(i) A registered nurse; (ii) A dentist; (iii) A podiatrist; (iv) A pharmacist; (v) A chiropractor; (vi) An optometrist; or (vii) A health care institution; and (B) Any person who is: (i) An officer, director, shareholder, member, partner, manager, owner, or affiliate of a health care provider or physician; or (ii) An employee, independent contractor, or agent of a health care provider or physician acting in the course and scope of the employment or contractual relationship. (II) 'Hospice' means a facility licensed as such under the 'Georgia Hospice Law,' Article 9 of Chapter 7 ofTitle 31. ( 12) 'Hospital' means a facility licensed as such under Chapter 7 ofTitle 31. ( 13) 'Hospital system' means a system of hospitals located in this state that are under the common governance or control of a corporate parent. ( 14) 'Medical care' means any act defined as the practice of medicine under Code Section 43-34-20. (15) 'Nursing home' means a facility licensed as such under Chapter 7 of Title 31. (16) 'Pharmacist' means a person licensed as such under Chapter 4 ofTitle 26. (17) 'Physician' means an individual licensed to practice medicine in this state, a professional association organized by an individual physician or group of physicians, or a partnership or limited liability partnership formed by a group of physicians. ( 18) 'Professional or administrative services' means those duties or services that a physician or health care provider is required to provide as a condition of maintaining the physician's or health care provider's license, accreditation status, or certification to participate in state or fuderal health care programs. (b) Any legal term or word of art used in this chapter, not otherwise defined in this chapter, shall have such meaning as is consistent with the common law.

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(c) In an action involving a health care liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, no physician or health care provider shall be held liable unless it is proven by clear and convincing evidence that the physician or health care provider s actions showed gross negligence. (d) In an action involving a health liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department, the court shall instruct the jury to consider, together with all other relevant matters:
(!) Whether the person providing care did or did not have the patient's medical history or was able or unable to obtain a full medical history, including the knowledge of preexisting medical conditions, allergies, and medications; (2) The presence or lack of a preexisting physician-patient relationship or health care provider-patient relationship; (3) The circumstances constituting the emergency; and (4) The circumstances surrounding the delivery of the emergency medical care:

SECTION II. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding immediately following Code Section 51-2-5, a new Code Section 51-2-5 .I to read as follows:
'51-2-5.1. (a) As used in this Code section, the term:
(I) 'Health care professional' means a professional licensed as an audiologist, chiropractor, clinical social worker, dentist, dietitian, medical doctor, marriage and family therapist, registered professional or licensed practical nurse, occupational therapist, optometrist, osteopathic physician, pharmacist, physical therapist, physicians assistant, professional counselor, podiatrist, psychologist, radiological technician, respiratory therapist, or speech-language pathologist. (2) 'Hospital' means a :facility that has a valid permit or provisional permit issued by the Department of Human Resources under Chapter 7 ofTitle 31. (b) Notwithstanding the provisions of Code Section 51-2-5, no hospital which complies with the notice provisions of either subsection (c) or subsection (d) of this Code section shall be liable in a tort action for the acts or omissions of a health care professional unless there exists an actual agency or employment relationship between the hospital and the health care professional. (c) The hospital shall post a notice in the form and manner described herein. Such notice shall: (I) Be posted conspicuously in the hospital lobby or a public area of the hospital; (2) Contain print at least one inch high; and (3) Provide language substantially similar to the following:

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'Some or all of the health care professionals performing services in this hospital are independent contractors and are not hospital agents or employees. Independent contractors are responsible for their own actions and the hospital shall not be liable for the acts or omissions of any such independent contractors.' (d) The hospital shall have the patient or the patient's personal representative sign a written acknowledgment that contains language substantially similar to that set furth in paragraph (3) of subsection (c) ofthis Code section. (e) The notice required in this Code section shall be sufficient if it meets the requirements of either subsection (c) or subsection (d) ofthis Code section even if the patient or the patient's personal representative did not see or read such notice for any reason, including but not limited to medical condition or language proficiency. (f) Whether a health care professional is an actual agent, an employee, or an independent contractor shall be determined by the language of the contract between the health care professional and the hospital. In the absence of such a contract, or if the contract is unclear or ambiguous, a health care professional shall only be considered the hospital's employee or actual agent if it can be shown by a preponderance of the evidence that the hospital reserves the right to control the time, manner, or method in which the health care professional performs the services for which licensed, as distinguished from the right to merely require certain definite results. (g) If the court finds that there is no contract or that the contract is unclear or ambiguous as to the relationship between the hosp itaI and health care professional, the court shall apply the following: ( 1) Factors that may be considered as evidence the hospital exercises a right of control over the time, manner, or method of the health care professional's services include: the parties believed they were creating an actual agency or employment relationship; the health care professional receives substantially all the employee benefits received by actual employees of the hospital; the hospital directs the details of the health care professional's work step-by-step; the health care professional's services are terminable at the will of the hospital without cause and without notice; the hospital withholds, or is required to withhold, federal and state taxes from the remuneration paid to the health care professional for services to the patients of the hospital; and factors not specifically excluded in paragraph (2) of this subsection; and (2) Factors that shall not be considered as evidence a hospital exercises a right of control over the time, manner, or method of the health care professional's services include: a requirement by the hospital that such health care professional treat all patients or that any health care professional or group is obligated to staff a hospital department continuously or from time to time; the hospital's payment to the health care professional on an hourly basis; the provision of facilities or equipment by the hospital; the fact a health care professional does not maintain a separate practice outside the hospital; the source of the payment for the professional liability insurance premium for that

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health care professional; the fact that the professional fees for services are billed by the hospital; or any requirement by the hospital that such health care professional engage in conduct required to satisfy any state or federal statute or regulation, any standard of care, any standard or guideline set by an association of hospitals or health care professionals, or any accreditation standard adopted by a national accreditation organization.'

SECTION 12. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by striking Code Section 51-12-31, relating to recovery against joint trespassers, and Code Section 51-12-33, relating to apportionment of damages, and inserting in their respective places new Code sections to read as follows:
'51-12-31. Except as provided in Code Section 51-12-33, where an action is brought jointly against several persons, the plaintiff may recover damages for an injury caused by any of the defendants against only the defendant or defendants liable for the injury. In its verdict, the jury may specify the particular damages to be recovered of each defendant. Judgment in such a case must be entered severally.'

'51-12-33. (a) Where an action is brought against one or more. persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall determine the percentage of fault of the plaintiff and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault. (b) Where an action is brought against more than one person for injury to person or property, the trier of fact, in its determination of the total amount of damages to be awarded, if any, shall after a reduction of damages pursuant to subsection (a) of this Code section, if any, apportion its award of damages among the persons who are liable according to the percentage of fault of each person. Damages apportioned by the trier of fact as provided in this Code section shall be the liability of each person against whom they are awarded, shall not be a joint liability among the persons liable, and shall not be subject to any right of contribution. (c) In assessing percentages of fault, the trier of fact shall consider the fault of all persons or entities who contributed to the alleged injury or damages, regardless of whether the person or entity was, or could have been, named as a party to the suit.
(d)(!) Negligence or fault of a nonparty shall be considered if the plaintiff entered into a settlement agreement with the nonparty or if a defending party gives notice not later than 120 days prior to the date of trial that a nonparty was wholly or partially at fault. (2) The notice shall be given by filing a pleading in the action designating the nonparty and setting forth the nonparty's name and last known address, or the

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best identification of the nonparty which is possible under the circumstances, together with a brief statement of the basis for believing the nonparty to be at fault. (e) Nothing in this Code section shall eliminate or diminish any defenses or immunities which currently exist, except as expressly stated in this Code section. (f)( I) Assessments of percentages of :limit of nonparties shall be used only in the determination of the percentage of fault of named parties. (2) Where fault is assessed against nonparties pursuant to this Code section, fmdings of fault shall not subject any nonparty to liability in any action or be introduced as evidence ofliability in any action. (g) Notwithstanding the provisions of this Code section and any other provisions of law which might be construed to the contrary, the plaintiff shall not be entitled to receive any damages if the plaintiff is 50 percent or more responsible for the injury or damages claimed.'

SECTION 13. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by adding a new Chapter 13 to read as follows:

'CHAPTER 13

51-13-1. (a) As used in this Code section, the term:
(I) 'Claimant' means a person, including a decedent's estate, who seeks or has sought recovery of damages in a medical malpractice action. All persons claiming to have sustained damages as the result of the bodily injury or death of a single person are considered a single claimant. (2) 'Health care provider' means any person licensed under Chapter 9, I OA, II, II A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43. The term shall also include any corporation, professional corporation, partnership, limited liability company, limited liability partnership, authority, or other entity comprised of such health care providers. (3) 'Medical facility' means any institution or medical facility licensed under Chapter 7 of Title 31 or any combination thereof under common ownership, operation, or control. (4) 'Noneconomic damages' means damages for physical and emotional pain, discomfort, anxiety, hardship, distress, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, injury to reputation, and all other nonpecuniary losses of any kind or nature. This term does not include past or future:
(A) Medical expenses, including rehabilitation and therapy; (8) Wages or earnings capacity; (C) Income; (D) Funeral and burial expenses;

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(E) The value of services performed by the injured in the absence of the injury or death including those domestic and other necessary services performed without compensation; or (F) Other monetary expenses. (b) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against one or more health care providers, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $350,000.00, regardless of the number of defendant health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based. (c) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against a single medical facility, inclusive of all persons and entities fur which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $350,000.00, regardless of the number of separate causes of action on which the claim is based. (d) In any verdict returned or judgment entered in a medical malpractice action, including an action for wrongful death, against more than one medical facility, inclusive of all persons and entities for which vicarious liability theories may apply, the total amount recoverable by a claimant for noneconomic damages in such action shall be limited to an amount not to exceed $3 50,000.00 from any single medical facility and $700,000.00 from all medical facilities, regardless of the number of defendant medical facilities against whom the claim is asserted or the number of separate causes of action on which the claim is based. (e) In applying subsections (b), (c), and (d) of this Code section, the aggregate amount of noneconomic damages recoverable under such subsections shall in no event exceed $1 ,050,000.00. (f) In any medical malpractice action, if an award of future damages equaling or exceeding $350,000.00 is made against any party in the action, the trial court shall, upon the request of any party, issue an order providing that such damages be paid by periodic payments. Such periodic payments shall be funded through an annuity policy with the premium for such annuity equal to the amount of the award for future damages.'

SECTION 14. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

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SECTION 15. (a} This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Code Sections 51-12-31 and 51-12-33, as amended by this Act, and Code Sections 51-1-29.5, 51-2-5.1, and 51-13-1, as enacted by this Act, shall apply only with respect to causes of action arising on or after the effective date of this Act, and any prior causes of action shall continue to be governed by prior law. It is the intention of the General Assembly that all other provisions of this Act shall apply to causes of action pending on its effective date, unless such application would be unconstitutional.

SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

Approved February 16, 2005.

REVENUE- SCHOOL TEACHERS; CLASSROOM SUPPLIES;
INCOME TAX DEDUCTION.
No.4 (House Bill No. 263).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide a deduction for the cost of certain classroom supplies, equipment, and materials paid by certain educators; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE 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, computation, and exemptions regarding income taxes, is amended in Code Section 48-7-27, relating to computation of taxable net income, by striking the word "and" at the end of paragraph (12) of subsection (a); replacing the period at the end of paragraph (13) of subsection (a) with ";and"; and adding a new paragraph at the end of subsection (a}, to be designated paragraph (14), to read as follows:
'( 14) The deduction for school teachers provided and allowed by Section 62(a)(2}(D) of the Internal Revenue Code of 1986 as enacted on or before

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January I, 2005, to the extent the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been included in itemized nonbusiness deductions.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January I, 2004.

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

Approved March 28, 2005.

STATE GOVERNMENT- GEORGIA REGIONAL TRANSPORTATION AUTHORITY; SALES TAX EXEMPTION; APPLICABILITY OF MOTOR CARRIER PROVISIONS.
No. 5 (House Bill No. 281 ).
AN ACT
To amend Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, so as to provide for a sales and use tax exemption with respect to property purchased by or used by the authority; to provide that no provision of Chapter 7 of Title 46 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit 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. Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Regional Transportation Authority, is amended by striking Code Section 50-32-3 7, relating to tax exemptions applicable to such authority, and inserting in its place a new Code Section 50-32-37 to read as follows:
'50-32-3 7. It is found, determined, and declared that the creation of this authority and the carrying out of its corporate purposes is in all respects for the benefit of the people of the state and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the

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power conferred upon it by this chapter. For such reasons the state covenants with the owners from time to time of the bonds, notes, and other obligations issued under this chapter that the authority shall not be required to pay any taxes or assessments imposed by the state or any of its counties, municipal corporations, political subdivisions, or taxing districts upon any property acquired by the authority or under its jurisdiction, control, possession, or supervision or leased by it to others, or upon its activities in the operation or maintenance of any such property or on any income derived by the authority in the form of fees, recording fees, rentals, charges, purchase price, installments, or otherwise, and that the bonds, notes, and other obligations of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The tax exemption provided in this chapter shall include an exemption from sales and use tax on property purchased by the authority or for use by the authority.'

SECTION 2. Said chapter is further amended by adding a new Code section immediately following Code Section 50-32-70, to be designated Code Section 50-32-71, to read as follows:
'50-32-71. No provision of Chapter 7 of Title 46 shall apply to any bus, other motor vehicle, or rapid rail system ofthe authority which provides transit services.'

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved April I, 2005.

APPEAL AND ERROR- COURTS- CRIMINAL PROCEDURE- EVIDENCE- ENACT CRIMINAL JUSTICE ACT OF 2005.
No. 8 (House Bill No. 170).
AN ACT
To enact the "Criminal Justice Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and appeals in criminal cases; to provide for a short title; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to specifically provide that the denial

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of a defendant's motion to recuse may be subject to interlocutory appeal; to provide that the state may appeal from an order, decision, or judgment of a superior court granting a motion for new trial or denying a motion by the state to recuse or disqualify a judge; to amend Article 5 of Chapter 12 ofTitle 15 of the Official Code of Georgia Annotated, relating to trial juries, so as to provide the state and the accused with the same number of peremptory challenges in misdemeanor, felony, and death penalty cases and in challenging alternate jurors; to provide the manner in which peremptory challenges are made; to change the size of the jury panel in felony and death penalty cases; to provide for excuses for cause under certain circumstances; to provide the manner in which the number of alternative jurors is determined; to amend Title 17 of the Official Code ofGeorgia Annotated, relating to criminal procedure, so as to provide for additional peremptory challenges in trials for jointly indicted defendants; to provide that the prosecuting attorney shall always conclude the argument to the jury; to provide that provisions relating to discovery apply to sentencing proceedings; to change certain provisions relating to discovery; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to change the provisions relating to the impeachment of the defendant; to change certain provisions relating to complainant's past sexual behavior not admissible in rape prosecution, exceptions, and court orders; to change provisions relating to when a witness has been impeached; to provide for the impeachment of witnesses through evidence of conviction of a crime and bad character; to provide for the admission of specific instances of conduct by a witness; to provide for other matters relative to the furegoing; 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 "Criminal Justice Act of 2005."

SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (b) ofCode Section 5-6-34, relating to direct appeal and other review, and inserting in its place a new subsection (b) to read as follows:
'(b) Where the trial judge in rendering an order, decision, or judgment, not otherwise subject to direct appeal, including but not limited to the denial of a defendant's motion to recuse in a criminal case, certifies within ten days of entry thereofthat the order, decision, or judgment is of such importance to the case that immediate review should be had, the Supreme Court or the Court of Appeals may thereupon, in their respective discretions, permit an appeal to be taken from the order, decision, or judgment if application is made thereto within ten days after such certificate is granted. The application shall be in the nature of a petition and shall set forth the need for such an appeal and the issue or issues involved therein. The applicant may, at his or her election, include copies of such parts of the record as he or she deems appropriate, but no certification of such copies by the

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clerk of the trial court shall be necessary. The application shall be filed with the clerk of the Supreme Court or the Court of Appeals and a copy of the application, together with a list ofthose parts of the record included with the application, shall be served upon the opposing party or parties in the case in the manner prescribed by Code Section 5-6-32, except that such service shall be perfected at or before the filing of the application. The opposing party or parties shall have ten days from the date on which the application is filed in which to file a response. The response may be accompanied by copies of the record in the same manner as is allowed with the application. The Supreme Court or the Court of Appeals shall issue an order granting or denying such an appeal within 45 days of the date on which the application was filed. Within ten days after an order is issued granting the appeal, the applicant, to secure a review of the issues, may file a notice of appeal as provided in Code Section 5-6-37. The notice of appeal shall act as a supersedeas as provided in Code Section 5-6-46 and the procedure thereafter shall be the same as in an appeal from a final judgment.'

SECTION 3. Said title is further amended by striking subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable by state, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) An appeal may be taken by and on behalf of the State of Georgia from the superior courts, state courts, City Court of Atlanta, and juvenile courts and such other courts from which a direct appeal is authorized to the Court of Appeals of Georgia and the Supreme Court of Georgia in criminal cases and adjudication of delinquency cases in the following instances:
(I) From an order, decision, or judgment setting aside or dismissing any indictment, accusation, or petition alleging that a child has committed a delinquent act or any count thereof; (2) From an order, decision, or judgment arresting judgment of conviction or adjudication of delinquency upon legal grounds; (3) From an order, decision, or judgment sustaining a plea or motion in bar, when the defendant has not been put in jeopardy; (4) From an order, decision, or judgment suppressing or excluding evidence illegally seized or excluding the results of any test for alcohol or drugs in the case of motions made and ruled upon prior to the impaneling of a jury or the defendant being put in jeopardy, whichever occurs first; (5) From an order, decision, or judgment of a court where the court does not have jurisdiction or the order is otherwise void under the Constitution or laws of this state; (6) From an order, decision, or judgment of a superior court transferring a case to the juvenile court pursuant to subparagraph (b )(2)(B) of Code Section 15-11-28; (7) From an order, decision, or judgment of a superior court granting a motion for new trial or an extraordinary motion for new trial; or

.

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(8) From an order, decision, or judgment denying a motion by the state to recuse or disqualify a judge made and ruled upon prior to the defendant being put in jeopardy.'

SECTION 4. Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries, is amended by striking Code Section 15-12-125, relating to demand of jury panels for misdemeanor trials, and inserting in lieu thereof a new Code Section 15-12-125 to read as follows:
'15-12-125. For the trial of misdemeanors in all courts, each party may demand a full panel of 12 competent and impartial jurors from which to select a jury. When one or more of the regular panel of trial jurors is absent or for any reason disqualified, the judge, at the request of counsel for either party, shall cause the panel to be filled by additional competent and impartial jurors to the number of 12 before requiring the parties or their counsel to strike a jury. From this panel, the defendant and the state shall each have the right to challenge three jurors peremptorily. The defendant and the state shall exercise their challenges as provided in Code Section 15-12-166. The remaining six jurors shall constitute the jury.'

SECTION 5. Said article is further amended by striking Code Section 15-12-160, relating to required panel of jurors in felony trial, and inserting in lieu thereof a new Code Section 15-12-160 to read as follows:
'15-12-160. When any person stands indicted fur a felony, the court shall have impaneled 30 jurors from which the defense and prosecution may strike jurors; provided, however, that in any case in which the state announces its intention to seek the death penalty, the court shall have impaneled 42 jurors from which the defense and state may strike jurors. If, fur any reason, after striking from the panel there remain less than 12 qualified jurors to try the case, the presiding judge shall summon such numbers of persons who are competent jurors as may be necessary to provide a full panel. In making up the panel or successive panels, the presiding judge shall draw the tales jurors from the jury box of the county and shall order the sheriff to summon them.'

SECTION 6. Said article is further amended by adding at the end of Code Section 15-12-164, relating to challenges to jurors in a felony trial, a new subsection (d) to read as follows:
'(d) The court shall also excuse for cause any juror who from the totality of the juror's answers on voir dire is determined by the court to be substantially impaired in the juror's ability to be fair and impartial. The juror's own

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representation that the juror would be fair and impartial is to be considered by the court but is not determinative.'

SECTION 7. Said article is further amended by striking Code Section 15-12-165, relating to number of peremptory challenges, and inserting in lieu thereof a new Code Section 15-12-165 to read as fullows:
"15-12-165. Every person accused of a felony may peremptorily challenge nine of the jurors impaneled to try him or her. The state shall be allowed the same number of peremptory challenges allowed to the defendant; provided, however, that in any case in which the state announces its intention to seek the death penalty, the defendant may peremptorily challenge 15 jurors and the state shall be allowed the same number of peremptory challenges.'

SECTION 8. Said article is further amended by striking Code Section 15-12-169, relating to manner of selecting alternate jurors, and inserting in lieu thereof a new Code Section 15-12-169 to read as follows:
"15-12-169. Alternate jurors must be drawn from the same source and in the same manner and have the same qualifications as the jurors already sworn. They shall be subject to the same examination and challenges. The number of alternate jurors shall be determined by the court. The state and the defendant shall be entitled to as many peremptory challenges to alternate jurors as there are alternate jurors called. The peremptory challenges allowed to the state and to the defendant in such event shall be in addition to the regular number of peremptory challenges allowed in criminal cases to the defendant and to the state as provided by law. When two or more defendants are tried jointly, the number and manner of exercising peremptory challenges shall be determined as provided in Code Section 17 -8-4.'

SECTION 9. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-8-4, relating to procedure for trial ofjointly indicted defendants, and inserting in lieu thereof a new Code Section 17-8-4 to read as follows:
"17-8-4. (a) When two or more defendants are jointly indicted fur a capital offense, any defendant so electing shall be separately tried unless the state shall waive the death penalty. When indicted for a capital felony when the death penalty is waived, or for a felony less than capital, or for a misdemeanor, such defendants may be tried jointly or separately in the discretion of the trial court. In any event, a jointly indicted defendant may testifY for another jointly indicted defendant or on behalf of the state. When separate trials are ordered in any case, the defendants shall be tried in the order requested by the state. If the offense

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requires joint action and concurrence of two or more persons, acquittal or conviction of one defendant shall not operate as acquittal or conviction of others not tried. (b) When two or more defendants are tried jointly for a crime or offense, such defendants shall be entitled to the same number of strikes as a single defendant if tried separately. The strikes shall be exercised jointly by the defendants or shall be apportioned among the defendants in the manner the court shall direct. In the event two or more defendants are tried jointly, the court, upon request of the defendants, shall allow an equal number of additional strikes to the defendants, not to exceed five each, as the court shall deem necessary, to the ends that justice may prevail. The court may allow the state additional strikes not to exceed the number of additional strikes as are allowed to the defendants.'

SECTION 10. Said title is further amended by striking Code Section 17-8-71, relating to order of argument after evidence presented, and inserting in lieu thereof a new Code Section 17-8-71 to read as follows:
'17-8-71. After the evidence is closed on both sides, the prosecuting attorney shall open and conclude the argument to the jury. The defendant shall be entitled to make a closing argument prior to the concluding argument of the prosecuting attorney."

SECTION 11. Said title is further amended by striking subsection (a) of Code Section 17-I 0-2, relating to conduct of presentence hearings in felony cases, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a)( I) Except in cases in which the death penalty or life without parole may be imposed, upon the return of a verdict of 'guilty' by the jury in any felony case, the judge shall dismiss the jury and shall conduct a presentence hearing at which the only issue shall be the determination of punishment to be imposed. In the hearing the judge shall hear additional evidence in extenuation, mitigation, and aggravation of punishment, including the record of any prior criminal convictions and pleas of guilty or nolo contendere of the defendant, or the absence of any prior conviction and pleas. (2) The judge shall also hear argument by the defendant or the defendant's counsel and the prosecuting attorney, as provided by law, regarding the punishment to be imposed. Except in cases where the death penalty may be imposed, the prosecuting attorney shall open and conclude the argument. In cases where the death penalty may be imposed, the prosecuting attorney shall open and the defendant or the defendant" s counsel shall conclude the argument. (3) Upon the conclusion of the evidence and arguments, the judge shall impose the sentence or shall recess the trial for the purpose of taking the sentence to be imposed under advisement. The judge shall fix a sentence within the limits prescribed by law:

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SECTION 12. Said title is further amended by adding a new subsection (e) to Code Section 17-16-2, relating to applicability of discovery in criminal cases, to read as follows:
'(e) Except as provided in paragraph (3) of subsection (b) of Code Section 17-16-4, if a defendant has elected to have the provisions of this article apply, the provisions of this article shall also apply to sentencing hearings and the sentencing phase of a death penalty trial.'

SECTION 13. Said title is further amended in Code Section 17-16-4, relating to discovery disclosure required by the prosecuting attorney and defendant, by adding a new paragraph (5) at the end of subsection (a) and a new paragraph (3) at the end of subsection (b) to read as fullows:
'(5) The prosecuting attorney shall, no later than ten days prior to trial, or at such time as the court orders but in no event later than the beginning of the trial, provide the defendant with notice of any evidence in aggravation of punishment that the state intends to introduce in sentencing.'
'(3)(A) The defendant shall, no later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, serve upon the prosecuting attorney all books, papers, documents, photographs, tangible objects, audio and visual tapes, films and recordings, or copies or portions thereof and to inspect and photograph buildings or places which are within the possession, custody, or control of the defendant and which the defendant intends to introduce as evidence in the presentence hearing. (B) The defendant shall, no later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, serve upon the prosecuting attorney all reports of any physical or mental examinations and scientific tests or experiments, including a summary of the basis for the expert opinions rendered in the reports, or copies thereof, if the defendant intends to introduce in evidence in the presentence hearing the results of the physical or mental examination or scientific test or experiment. If the report is oral or partially oral, the defendant shall reduce all relevant and material oral portions of such report to writing and shall serve opposing counsel with such portions. (C) The defendant shall, no later than five days before the trial commences, serve upon the prosecuting attorney a list of witnesses that the defendant intends to call as a witness in the presentence hearing. No later than the announcement of the verdict of the jury or if the defendant has waived a jury trial at the time the verdict is published by the court, the defendant shall produce for the opposing party any statement of such witnesses that is in the possession, custody, or control of the defendants or the defendant's counsel that relates to the subject matter of the testimony of such witnesses unless such statement is protected from disclosure by the privilege contained in paragraph (5), (6), (7), or (8) ofCode Section 24-9-21 .'

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SECTION 13.1. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking subsections (a) and (b) of Code Section 24-2-3, relating to direct evidence or cross-examination of a complaining witness or other witnesses, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
'24-2-3. (a) In any prosecution for a violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards. (b) In any prosecution for a violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery, evidence relating to the past sexual behavior of the complaining witness may be introduced if the court, following the procedure described in subsection (c) of this Code section, finds that the past sexual behavior directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution.'

SECTION 14. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by striking subsections (b) and (c) of Code Section 24-9-20, relating to testimony of criminal defendant, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) If a defendant in a criminal case wishes to testify and announces in open court his or her intention to do so, the defendant may so testify in his or her own behalf. If a defendant testifies, he or she shall be sworn as any other witness and may be examined and cross-examined as any other witness. The failure of a defendant to testify shall create no presumption against him or her, and no comment shall be made because of such failure.'

SECTION 15. Said title is further amended by striking Code Section 24-9-81, relating to when own witness may be impeached, and inserting in lieu thereof a new Code Section 24-9-81 to read as follows:

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'24-9-81. Any party, including the party calling the witness, may attack the credibility of a witness. In the trial of all civil cases, either plaintiff or defendant shall be permitted to make the opposite party, or anyone for whose immediate benefit the action is prosecuted or defended, or any agent of said party, or agent of any person for whose immediate benefit such action is prosecuted or defended, or officer or agent of a corporation when a corporation is such party or for whose benefit such action is prosecuted or defended a witness, with the privilege of subjecting such witness to a thorough and sifting examination and with the further privilege of impeachment, as if the witness had testified in his or her own behalf and were being cross-examined.'

SECTION 16. Said title is further amended by striking Code Section 24-9-84, relating to how witnesses are impeached by proof of general bad character, and inserting in lieu thereof new Code Sections 24-9-84 and 24-9-84.1 to read as follows:
'24-9-84. Any party may impeach the credibility of a witness by offering evidence of the witness's bad character in the form of reputation, but subject to the following limitations: (a) The evidence may refer only to character for truthfulness or untruthfulness; (b) Evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by reputation evidence or otherwise; (c) In a criminal case, the character fur untruthfulness of the defendant may be introduced in evidence only if the defendant testifies and offers evidence of his or her truthful character; and (d) The character witness should first be questioned as to his or her knowledge of the general character of the witness, next as to what that character is, and lastly the character witness may be asked if :from that character he or she would believe him or her on his or her oath. The witness may be sustained by similar proof of character. The particular transactions or the opinions of single individuals shall not be inquired of on either side, except upon cross-examination in seeking for the extent and foundation of the witness's knowledge.

24-9-84.1. (a) General rule. For the purpose of attacking the credibility of a witness, or of the defendant, if the defendant testifies:
(1) Evidence that a witness has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment of one year or more under the law under which the witness was convicted if the court determines that the probative value of admitting the evidence outweighs its prejudicial effect to the witness; and (2) Evidence that the defendant has been convicted of a crime shall be admitted if the crime was punishable by death or imprisonment of one year or more under the law under which the defendant was convicted if the court

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determines that the probative value of admitting the evidence substantially outweighs its prejudicial effect to the defendant; and (3) Evidence that any witness or the defendant has been convicted of a crime shall be admitted if it involved dishonesty or making a false statement, regardless of the punishment that could be imposed for such offense. (b) Time limit. Evidence of a conviction under subsection (a) of this Code section is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness or the defendant from the confmement imposed for that conviction, whichever is the later date, unless the court determines, in the interest of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than ten years old, as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use ofsuch evidence. (c) Effect of pardon or annulment. Evidence of a conviction is not admissible under this Code section if: (1) The conviction has been the subject of a pardon or annulment based on a fmding of the rehabilitation of the person convicted and such person has not been convicted of a subsequent crime that was punishable by death or imprisonment for one year or more; or (2) The conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding ofinnocence. (d) Juvenile adjudications. An adjudication of delinquency in juvenile court shall be inadmissible against a defendant in a criminal case. An adjudication of delinquency in juvenile court shall be presumed to be inadmissible against a witness in a criminal case; however, this presumption may be rebutted only if it is shown that: (1) The factual basis for the proven allegations of delinquency would have constituted a crime under the laws of the state of the juvenile court if committed by an adult at the time they were committed by the juvenile: (2) The probative value of the evidence substantially outweighs the prejudicial effect of its admission; and (3) The court finds that admission of the adjudication into evidence is necessary for a fuir determination of the issue of guilt or innocence of the defendant. (e) Pendency of appeal. The pendency of an appeal from a conviction does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal shall be admissible.'

SECTION 17. This Act shall apply to all trials which commence on or after July 1, 2005.

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SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Approved April 5, 2005.

REVENUE- DIRECT OR INDIRECT EXPENSES; NET INCOME ADJUSTMENT; CORPORATE
INCOME ALLOCATION AND APPORTIONMENT.
No.9 (House Bill No. 191).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide for adjustments to taxable net income with respect to certain direct or indirect interest expenses and costs and intangible expenses and costs; to provide for procedures, conditions, and limitations; to change the manner and method of allocating and apportioning income with respect to corporations; to provide for powers, duties, and authority of the state revenue commissioner; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, is amended in Code Section 48-7-27, relating to computation of taxable net income, by adding a new paragraph at the end of subsection (b), to be designated paragraph (II), to read as follows:
'(II) Georgia taxable income shall be adjusted as provided in Code Section 48-7-28.3:
SECTION 2. Said article is further amended in Code Section 4 8-7-21, relating to taxation of corporations, by striking paragraph (10) of subsection (b) and inserting in its place a new paragraph (I 0) to read as follows:
'(I 0) Georgia taxable income shall be adjusted as provided in Code Section 48-7-28.3.'

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SECTION 3. Said article is further amended by adding a new Code section immediately following Code Section 48-7-2 8.2, to be designated Code Section 48-7-2 8.3, to read
as follows: '48-7-28.3. (a) As used in this Code section, the term: (!) 'Comprehensive income tax treaty' means a convention or agreement, entered into by the United States and approved by Congress, with a foreign government for the allocation of all categories of income subject to taxation or the withholding of tax on interest, dividends, and royalties fur the prevention of double taxation of the respective nations' residents and the sharing of information. (2) 'Corporation' means: (A) A corporation incorporated under the laws of this state or incorporated or organized under the laws of any other state, territory, or nation; or (B) A limited liability company treated as a corporation for federal income tax purposes or any other person treated as a corporation for federal income tax purposes. A limited liability company which is disregarded as a separate entity for income tax purposes shall also be disregarded as a separate entity for purposes of this Code section. (3) 'Foreign nation' means an established sovereign government that is recognized as such by the United States Department of State. (4) 'Intangible expenses and costs' means expenses, losses, and costs directly or indirectly for, related to, or in connection with the direct or indirect acquisition, use, maintenance, management, ownership, sale, exchange, or disposition of intangible property, to the extent such amounts are allowed as deductions or costs in determining taxable income before net operating loss deduction and special deductions for the taxable year under the Internal Revenue Code of 1986. The term includes but is not limited to: (A) Royalty, patent, technical, and copyright tees; (B) Licensing fues; and (C) Other similar expenses and costs. (5) 'Intangible property' includes but is not limited to patents, patent applications, trade names, trademarks, service marks, copyrights, mask words, trade secrets, and similar types of intangible assets. (6) 'Interest expenses and costs' includes but is not limited to amounts directly or indirectly allowed as deductions under Section 163 of the Internal Revenue Code of 1986 for purposes of determining taxable income under the Internal Revenue Code of 1986 to the extent such expenses and costs are directly or indirectly for, related to, or in connection with the direct or indirect acquisition, use, maintenance, management, ownership, sale, exchange, or disposition of intangible property. (7) 'Related person' means: (A) A stockholder who is an individual or a member of the stockholder's family enumerated in Section 318 of the Internal Revenue Code of 19 86 if

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the stockholder and the members of the stockholder's family own, directly or indirectly, beneficially or constructively, in the aggregate at least 50 percent of the value of the taxpayer's outstanding stock; (B) A stockholder, or a stockholder's partnerships, estate, trusts, or corporations, if the stockholder and the stockholder's partnerships, estate, trusts, and corporations own, directly or indirectly, beneficially or constructively, in the aggregate at least 50 percent of the value of the taxpayer's outstanding stock; or (C) A corporation, or a person related to the corporation in a manner that would require an attribution of stock from the corporation to the person or from the person to the corporation under the attribution rules of Section 318 of the Internal Revenue Code of 1986, if the taxpayer owns, directly or indirectly, beneficially or constructively, at least 50 percent of the value of the corporation's outstanding stock. (D) The attribution rules of Section 318 of the Internal Revenue Code of 1986 apply for purposes of determining whether the ownership requirements in subparagraphs (A) through (C) of this paragraph have been met. (E) A limited liability company treated as a partnership for federal income tax purposes shall be considered a partnership for purposes ofthis paragraph and paragraph (8) of this subsection. (8) 'Related member' means a person, with respect to the taxpayer during all or any portion of the tax year: (A) That is a related person; (B) That is a component member as defined in Section 1563(b) of the Internal Revenue Code of 1986; (C) To or from whom there would be required an attribution of stock ownership in accordance with Section 1563(e) of the Internal Revenue Code of 1986; or (D) That, notwithstanding its form of organization, bears the same relationship to the taxpayer as a person described in subparagraphs (A) through (C) of this paragraph. (9) 'Valid business purpose' means one or more business purposes, other than the avoidance or reduction of taxation, which alone or in combination constitute the primary motivation for some business activity or transaction, which activity or transaction changes in a meaningful way, apart from tax effects, the economic position of the taxpayer. The economic position of the taxpayer includes an increase in the market share of the taxpayer, or the entry by the taxpayer into new business markets. (b) For purposes of computing its Georgia taxable net income under Code Sections 48-7-21 and 48-7-27, a taxpayer shall add back otherwise deductible interest expenses and costs and intangible expenses and costs directly or indirectly paid, accrued, or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related members. Such expenses and costs shall be added before the income is apportioned or allocated as provided by Code Section 48-7-31.

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(c) The commissioner shall have the authority to reverse in whole or in part the adjustments required in subsection (b) of this Code section when the taxpayer and the commissioner agree in writing to the application or use of an alternative method ofapportionment under subparagraph (d)(2)(E) ofCode Section 48-7-31, Code Section 48-7-3 5, or Code Section 4 8-7-31 .1. No thing in this Code section shall be construed to limit or negate the commissioner's authority otherwise to enter into agreements and compromises otherwise allowed by law.
(d)(!) For purposes ofthis subsection, the term: (A) 'Allocated or apportioned, or both' does not mean the amount of income that is subject to allocation or apportionment, or both. Rather it means the amount that is arrived at after applying the allocation and apportionment rules of a state as defined in subparagraph (B) of this paragraph. A tax or the portion of a tax, which is or would be imposed regardless of the amount of the income, shall not be considered to be a tax on or measured by the income ofthe related member. (B) 'State' means a state in the United States of America, including the District of Columbia, but does not include those states under whose laws the taxpayer flies with the related member, or the related member files with another related member, a combined income tax report or return, a consolidated income tax report or return, or any other report or return where such report or return is due because of the imposition of a tax on, or measured by, income and where such combined income tax report or return, consolidated income tax report or return, or other report or return results in the elimination of the tax effects from transactions directly or indirectly between the taxpayer and the related member.
(2) The amount of the adjustment required by subsection (b) of this Code section shall be reduced, but not below zero, to the extent the corresponding interest expenses and costs and intangible expenses and costs:
(A) Are received as income in an arm's length transaction by the related member; and (B) Such income is allocated or apportioned, or both, to and taxed by Georgia or another state that imposes a tax on or measured by the income of the related member. (3) In claiming the exception allowed by this subsection, the taxpayer shall disclose on its return, with respect to the related member, the name of the related member, the federal identification number of the related member, the name of each state, the amount of the interest expenses and costs and intangible expenses and costs allocated or apportioned to and taxed by each state for such related member, and such other information as the commissioner may prescribe. (e)( I) The adjustment required by subsection (b) of this Code section shall be reduced, but not below zero, if and to the extent: (A) The interest expenses and costs and intangible expenses and costs are paid, accrued, or incurred to a related member domiciled in a foreign nation

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GENERAL ACTS AND RESOLUTIONS, VOL. I

which has in force a comprehensive income tax treaty with the United States; (B) The transaction giving rise to the interest expenses and costs and intangible expenses and costs has a valid business purpose; and (C) The amounts of such interest expenses and costs and intangible expenses and costs were determined at arm's length rates. (2) In claiming the exception allowed by this subsection, the taxpayer shall disclose on its return: (A) The name and federal identification number ofthe related member; (B) The amount of the interest expenses and costs and intangible expenses and costs; (C) The country of domicile ofthe related member; and (D) Such other infOrmation as the commissioner may prescribe. (f) The adjustment required in subsection (b) of this Code section shall not apply to the portion of interest expenses and costs and intangible expenses and costs that the taxpayer establishes by a preponderance of the evidence that meets both of the following: (1) The related member during the same taxable year directly or indirectly paid, accrued, or incurred such portion to a person that is not a related member; and (2) The transaction giving rise to the interest expenses and costs and intangible expenses and costs has a valid business purpose. (g) Nothing in this Code section shall require a taxpayer to add to its Georgia taxable net income more than once any amount of interest expenses and costs and intangible expenses and costs that the taxpayer pays, accrues, or incurs to a related member. (h) Nothing in this Code section shall be construed to limit or negate the commissioner's authority to make adjustments under Code Section 48-7-58. (i) The adjustment required by this Code section shall apply to a corporation that files a separate return with Georgia and to the separate taxable income computation of each member of a Georgia consolidated return. (j) In addition to other penalties imposed by this title, the penalty for failure to make the adjustment required by this Code section shall be I0 percent of the additional tax that results because of this Code section. The commissioner may waive this penalty pursuant to the provisions of Code Section 48-2-43. (k) The commissioner is authorized to prescribe forms and promulgate rules and regulations deemed necessary in order to effuctuate this Code section.'

SECTION 4. Said article is further amended by striking paragraphs (1) and (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment formula with respect to corporate income, and inserting in their places new paragraphs (1) and (2) to read as follows:
'( 1) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the

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portion of net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application of the following formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations, or the place from which the service is directed or controlled, is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state; (C) Gross receipts factor. (i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state, or from products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (ii) Where a taxpayer's gross receipts are also derived from activities described in paragraph (2) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (2) of this subsection and shall be attributed to Georgia based upon division (2)(C)(i) of this subsection; (D) Apportionment formula. The property factor, the payroll factor, and the gross receipts factor shall be determined separately and an apportionment fraction shall be calculated using the full owing formula: (i) The property factor shall represent I0 percent of the fraction; (ii) The payroll factor shall represent I 0 percent of the fraction; and (iii) The gross receipts factor shall represent 80 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (2) Except as otherwise provided in paragraph (2.1) or (2 .2) ofthis subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be determined by applying the following three-factor formula: (A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period; (i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value ofthe taxpayer's property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employee's service is performed entirely within this state;

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(ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state; (C) Gross receipts factor. (i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For purposes of this subparagraph, the term 'gross receipts' means all gross receipts received from activities which constitute the taxpayer's regular trade or business. Gross receipts are in this state if the receipts are derived from customers within this state or ifthe receipts are otherwise attributable to this state's marketplace; (ii) Where a taxpayer's gross receipts are also derived from activities described in paragraph (1) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (1) of this subsection and shall be attributed to Georgia based upon division (l)(C)(i) of this subsection; (D) Apportionment formula. The property factor, payroll factor, and gross receipts factor shall be determined separately and an apportionment fraction shall be calculated using the fOllowing formula: (i) The property factor shall represent 10 percent of the fraction; (ii) The payroll factor shall represent 10 percent of the fraction; and (iii) The gross receipts factor shall represent 80 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (E) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayer's business activity, if reasonable: (i) Separate accounting; (ii) The exclusion of any one or more ofthe factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment ofthe taxpayer's income. The denial of a petition under this subparagraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12;'

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SECTION 5. Said article is further amended by striking paragraphs (I) and (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment formula with respect to corporate income, and inserting in their places new paragraphs (I) and (2) to read as follows:
'(I) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application ofthe following formula:
(A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period;
(i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is ,valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value ofthe taxpayer's property; (B) Payroll fuctor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if: (i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations, or the place from which the service is directed or controlled, is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee's residence is in this state; (C) Gross receipts fuctor. (i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from

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business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state, or from products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (ii) Where a taxpayer's gross receipts are also derived from activities described in paragraph (2) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (2) of this subsection and shall be attributed to Georgia based upon division (2)(C)(i) of this subsection; (D) Apportionment furmula. The property factor, the payroll factor, and the gross receipts factor shall be determined separately and an apportionment fraction shall be calculated using the fullowing formula: (i) The property factor shall represent 5 percent of the fraction; (ii) The payroll factor shall represent 5 percent of the fraction; and (iii) The gross receipts factor shall represent 90 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (2) Except as otherwise provided in paragraph (2.1) or (2.2) ofthis subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be determined by applying the following three-factor formula: (A) Property factor. The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period; (i) Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals; (ii) The average value of property shall be determined by averaging the values at the beginning and end of the tax period, except that the commissioner may require the averaging of monthly values during the tax period if such averaging is reasonably required to reflect properly the average value of the taxpayer's property; (B) Payroll factor. The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere during the tax period. The term 'compensation' means wages, salaries, commissions, and any other form of remuneration paid to

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employees for personal services. Payments made to an independent contractor or any other person not properly classified as an employee are excluded. Compensation is paid in this state if:
(i) The employee's service is performed entirely within this state; (ii) The employee's service is performed both within and outside this state and the service performed outside this state is incidental to the employee's service within this state; or (iii) Some of the service is performed in this state and either the base of operations or the place from which the service is directed or controlled is in this state or the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed but the employee s residence is in this state; (C) Gross receipts fuctor. (i) The gross receipts factor is a fraction, the numerator ofwhich is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For purposes of this subparagraph, the term 'gross receipts' means all gross receipts received from activities which constitute the taxpayer's regular trade or business. Gross receipts are in this state if the receipts are derived from customers within this state or if the receipts are otherwise attributable to this state's marketplace; (ii) Where a taxpayer's gross receipts are also derived from activities described in paragraph (I) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (I) of this subsection and shall be attributed to Georgia based upon division (I )(C)(i) of this subsection; (D) Apportionment furmula. The property factor, payroll factor, and the gross receipts factor shall be determined separately and an apportionment fraction shall be calculated using the fullowing formula: (i) The property factor shall represent 5 percent of the fraction; (ii) The payroll factor shall represent 5 percent ofthe fraction; and (iii) The gross receipts factor shall represent 90 percent of the fraction. The net income of the corporation shall be apportioned to this state according to such fraction; (E) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayer's business activity, if reasonable: (i) Separate accounting; (ii) The exclusion of any one or more of the fuctors; (iii) The inclusion of one or more additional fuctors that will fuirly represent the taxpayer's business activity within this state; or

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(iv) The employment of any other method to effectuate an equitable allocation and apportionment ofthe taxpayer's income. The denial of a petition under this subparagraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12;'

SECTION 6. Said article is further amended by striking paragraphs ( 1) and (2) of subsection (d) of Code Section 48-7-31, relating to the allocation and apportionment formula with respect to corporate income, and inserting in their places new paragraphs (1) and (2) to read as follows:
'(1) Where the net business income of the corporation is derived principally from the manufacture, production, or sale of tangible personal property, the portion of net income therefrom attributable to property owned or business done within this state shall be taken to be the portion arrived at by application ofthe fOllowing formula:
(A) Gross receipts factor. (i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For the purposes of this subparagraph, receipts shall be deemed to have been derived from business done within this state only if the receipts are received from products shipped to customers in this state, or from products delivered within this state to customers. In determining the gross receipts within this state, receipts from sales negotiated or effected through offices of the taxpayer outside this state and delivered from storage in this state to customers outside this state shall be excluded; (ii) Where a taxpayer's gross receipts are also derived from activities described in paragraph (2) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (2) of this subsection and shall be attributed to Georgia based upon division (2)(A)(i) of this subsection;
(B) Apportionment formula. The net income of the corporation shall be apportioned to this state according to the gross receipts factor pursuant to subparagraph (A) of this paragraph; (2) Except as otherwise provided in paragraph (2.1) or (2 .2) of this subsection, where the net business income is derived principally from business other than the manufacture, production, or sale of tangible personal property, the net business income of the corporation shall be determined by applying the following formula: (A) Gross receipts factor.
(i) The gross receipts factor is a fraction, the numerator of which is the total gross receipts from business done within this state during the tax period and the denominator of which is the total gross receipts from business done everywhere during the tax period. For purposes of this

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subparagraph, the term 'gross receipts' means all gross receipts received from activities which constitute the taxpayer's regular trade or business. Gross receipts are in this state if the receipts are derived from customers within this state or ifthe receipts are otherwise attributable to this state's marketplace; (ii) Where a taxpayer's gross receipts are also derived from activities described in paragraph (I) of this subsection, gross receipts shall also include the gross receipts from the activities described in paragraph (I) of this subsection and shall be attributed to Georgia based upon division (I)(A)(i) of this subsection; (B) Apportionment formula. The net income of the corporation shall be apportioned to this state according to the gross receipts factor pursuant to subparagraph (A) of this paragraph; (C) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayer's business activity, ifreasonable: (i) Separate accounting; (ii) The exclusion of any one or more of the fuctors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment ofthe taxpayer's income. The denial of a petition under this subparagraph shall be appealab Ie pursuant to either Code Section 48-2-59 or 50-13-12;'

SECTION 7. (a) Sections 1, 2, 3, this section, and Section 8 of this Act shall become effective January 1, 2006, and shall be applicable to all taxable years beginning on or after January 1, 2006. (b) Section 4 of this Act shall become effective January I, 2006, and shall be applicable to all taxable years beginning on or after January I, 2006, and prior to January I, 2007. (c) Section 5 of this Act shall become effective January I, 2007, and shall be applicable to all taxable years beginning on or after January I, 2007, and prior to January I, 2008. (d) Section 6 of this Act shall become effective January I, 2008, and shall be applicable to all taxable years beginning on or after January I, 2008.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved April 6, 2005.

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HEALTH- STATE COMMISSION ON THE EFFICACY OF THE CERTIFICATE OF NEED PROGRAM; CREATE.

No. 10 (House Bill No. 390).

AN ACT

To amend Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, so as to create a State Commission on the Efficacy of the Certificate of Need Program; to provide for legislative intent; to provide for composition of the commission and the commission s powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for a final report; to provide fur related matters; to provide an efrective date; to provide for automatic repeal on a certain date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to state health planning and development, is amended by adding a new Article 5 to read as follows:

'ARTICLE 5

31-6-90. The General Assembly finds and declares that it is important to periodically assess various existing state programs to determine whether such programs continue to be viable and effective or whether they have become obsolete and have failed to or ceased to accomplish their original policy objectives. The General Assembly further finds that access to quality health care and the rising cost of such care are vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation ofthe certificate of need program.

31-6-91. There is created a State Commission on the Efficacy of the Certificate of Need Program for the purpose of studying and collecting infOrmation and data relating to the effectiveness of the certificate of need program in Georgia. The commission shall be responsible for conducting a comprehensive review of the certificate of need program which shall include, but not be limited to, the effectiveness of the program in accomplishing its original policy objectives, the costs associated with the program, and the impact on health care and costs of

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continuing or discontinuing the program. Further, the commission shall undertake to determine if changes to the program are needed in order to achieve its policy objectives. These changes include, but are not limited to, a determination as to whether services currently not subject to regulation should be regulated; whether services currently subject to regulation should no longer be regulated; and whether the current statutory appeals procedure properly balances the competing goals of good decision making and timeliness, as well as whether or not it is subject to abuse.

31-6-92. (a) The State Commission on the Efficacy of the Certificate of Need Program shall be composed of II members. The Governor shall appoint four members. The President Pro Tempore of the Senate and the Speaker of the House of Representatives shall each appoint two members, as each deems advisable. The chairpersons of the Board of Community Health and the Health Strategies Council, and the Commissioner of the Department of Community Health shall be ex officio members of the commission. (b) The Governor shall designate the chairperson of the Board of Community Health or the chairperson of the Health Strategies Council to serve as the chairperson of the commission. The commission may elect other officers as deemed necessary. The chairperson of the commission may designate and appoint committees from among the membership of the commission as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie.

31-6-93. (a) The commission shall hold meetings at the call ofthe chairperson. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any 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. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the House of Representatives and the Senate.

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31-6-94. (a) The commission shall have the following duties:
(1) To study and evaluate the effectiveness and efficiency of Georgia"s certificate of need program and any other program or matter related to the cost and quality of health care in Georgia, as determined by the commission; (2) To undertake a comprehensive review ofthe certificate of need program which shall include, but not be limited to, the effectiveness of the program in accomplishing its original policy objectives, the costs associated with the program, the benefits of continuing or discontinuing the program, the financial impact of continuing or discontinuing the program, and the impact on the quality, availability, and cost of health care if the program is continued or discontinued; (3) To evaluate and consider the experiences and results in other states which utilize and which have abolished certificate ofneed programs; (4) To identify findings and conclusions, including but not limited to recommendations as to whether the certificate of need program should be continued, discontinued, or modified; (5) To evaluate the impact of continuing or discontinuing the certificate of need on providing patient care in trauma care hospitals, critical access hospitals, and public hospitals; (6) To evaluate the impact of continuing or discontinuing the certificate of need program on providing service to Medicaid and indigent patients; and (7) To make recommendations for proposed legislation. (b) The commission shall have the following powers: (1) To evaluate the certificate of need program in Georgia and any other program or matter relative to the cost and quality of health care in Georgia; (2) To conduct a state-wide audit of the certificate of need program in Georgia; (3) To request and receive data from and review the records of appropriate agencies and health care facilities to the greatest extent allowed by state and federal law; (4) To accept public or private grants, devises, and bequests; (5) To enter into all contracts or agreements necessary or incidental to the performance of its duties; and (6) To conduct studies, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) The commission shall be authorized to retain the services of auditors, attorneys, financial consultants, health care experts, economists, and other individuals or firms as determined appropriate by the commission. (d) Staff support for the commission shall be provided by the Department of Community Health. The Department of Community Health may use any funds specifically appropriated to the department to support the work of the commission for such purpose.

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(e) The commtsswn shall issue a final report which shall include proposed legislation, if any, to the Governor and the General Assembly on or before June 30, 2007.

31-6-95. The commission shall stand abolished and this article shall be repealed on June 30,2007.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 7, 2005.

RETIREMENT- CODE REVISIONS; CORRECTIONS.
No. 11 (House Bill No. 178).
AN ACT
To amend Title 4 7 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters relative to Title 4 7 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By striking "three, four, or five if the total" and inserting in its place ''three, four, or five, if the total" in paragraph (1) of subsection U) of Code Section 47-2-121, relating to optional retirement allowances. (2) By striking "creditable service not to exceed" and inserting in its place "creditable service, not to exceed" and by striking "spouse"s" and inserting in its

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place "spouses'" in subsection (b) of Code Section 47-23-50, relating to retirement of state judges serving Fulton County.

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 7, 2005.

ELECTIONS- CODE REVISION; CORRECTIONS.
No. 12 (House Bill No. 199).
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By striking the "Article 8.1" designation, relating to state-wide voting equipment, and inserting in its place "Article 8A" in Chapter 2 ofTitle 21.
SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April 7, 2005.

HEALTH- PROPERTY- SOCIAL SERVICES- NAMES OF
LEGISLATIVE COMMITTEES.
No. 13 (House Bill No. 309).
AN ACT
To amend Title 31 of the Official Code of Georgia Annotated, relating to health, Code Section 44-5-150 of the Official Code of Georgia Annotated, relating to the duties of the Advisory Board on Anatomical Gift Procurement, and Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to correct the names of committees of the General Assembly; 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 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking subsections (b) and (d) of Code Section 31-6-21. 1, relating to procedures for rule making by Department of Community Health, and inserting in lieu thereofnew subsections (b) and (d) to read as follows:
'(b) The department shall transmit three copies of the notice provided for in paragraph (1) of subsection (a) of Code Section 50-13-4 to the legislative counsel. The copies shall be transmitted at least 30 days prior to that department's intended action. Within five days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officer of each house with a copy of the notice and mail a copy of the notice to each member of the Health and Human Services Committee of the Senate and each member of the Health and Human Services Committee of the House of Representatives. Each such rule and any part thereof shall be subject to the making of an objection by either such committee. Any rule or part thereof to which no objection is made by both such committees may become adopted by the department at the end of such 30 day period. The department may not adopt any such rule or part thereof which has been changed since having been submitted to those committees unless:

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(1) That change is to correct only typographical errors; (2) That change is approved in writing by both committees and that approval expressly exempts that change from being subject to the public notice and hearing requirements of subsection (a) ofCode Section 50-13-4; (3) That change is approved in writing by both committees and is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4; or (4) That change is again subject to the public notice and hearing requirements of subsection (a) of Code Section 50-13-4 and the change is submitted and again subject to committee objection as provided in this subsection. Nothing in this subsection shall prohibit the department from adopting any rule or part thereof without adopting all ofthe rules submitted to the committees ifthe rule or part so adopted has not been changed since having been submitted to the committees and objection thereto was not made by both committees.' '(d) Any rule or part thereof which is objected to by only one committee under subsection (b) of this Code section and which is adopted by the department may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the rule at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the department in adopting a proposed rule over such objection so to notify the chairmen of the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House within ten days after the adoption of the rule. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, consider the resolution for the purpose of overriding the rule. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the rule shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by a majority but by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his approval or veto. In the event of his veto, the rule shall remain in effect. In the event of his approval, the rule shall be void on the day after the date of his approval.'

SECTION 2. Said title is further amended by striking Code Section 31-6-46, relating to annual reports by department, and inserting in lieu thereof a new Code Section 31-6-46 to read as follows:
'31-6-46. The department shall prepare and submit an annual report to the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House of Representatives about its operations and decisions fur the preceding 12 month period, not later than 30 days prior to each convening of

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the General Assembly in regular session. Either committee may request any additional reports or information, including decisions, from the department at any time, including a period in which the General Assembly is not in regular session:

SECTION 3. Said title is further amended by striking Code Section 31-43-4, relating to members of the Commission on Men's Health, and inserting in lieu thereof a new Code Section 31-43-4 to read as follows:
'31-43-4. The commission shall consist of II members: seven members appointed by the Governor; two members of the Senate appointed by the Senate Committee on Assignments, one of whom shall be the chairperson of the Senate Health and Human Services Committee or his or her designee; and two members of the House of Representatives appointed by the Speaker of the House, one of whom shall be the chairperson of the House Committee on Health and Human Services or his or her designee. The Governor may also appoint an honorary chairperson to serve as a member of the commission.'

SECTION 4. Code Section 44-5-1 50 of the Official Code of Georgia Annotated, relating to the duties of the Advisory Board on Anatomical Gift Procurement, is amended by striking paragraph (7) and inserting in lieu thereof a new paragraph (7) to read as follows:
'(7) Report biennially to the Governor, the Health and Human Services Committee of the House of Representatives, and the Health and Human Services Committee of the Senate regarding the progress and actions of the advisory board.

SECTION 5. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Code Section 49-4-149 .I, relating to submission by department of plan for family supplementation of Medicaid payments upon federal removal of restrictions, and inserting in lieu thereof a new Code Section 49-4-149.1 to read as follows:
'49-4-149.1. If the federal government removes restrictions upon family supplementation of Medicaid payments or approves a waiver allowing this supplementation, the Department of Community Health shall submit to the Health and Human Services Committee of the Senate and the Health and Human Services Committee of the House of Representatives a plan fur this supplementation, which submission shall be made within 30 days after the earlier of the date the restrictions are removed or the date the waiver is approved.'

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SECTION 6. Said title is further amended by striking Code Section 49-5-224, relating to commissioner of human resources to submit annual report, and inserting in lieu thereof a new Code Section 49-5-224 to read as follows:
'49-5-224. The commissioner of human resources shall submit an annual report to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Human Services Committee, the Senate Committee on Health and Human Services, the Governor, and the Children and Youth Coordinating Council. The report shall contain a copy of the updated State Plan for the Coordinated System of Care. The report shall also contain the following information on severely and emotionally disturbed children and adolescents receiving services directly or indirectly through the Department of Human Resources, the Department of Education, or any other state agency:
(1) The number and ages of children in out-of-state residential facilities; (2) The number and ages ofchildren in in-state residential facilities; (3) The number and ages of children in nonresidential treatment; (4) Annual public funds expended for out-of-state placements, the sources of such funds, and the average cost per child of such out-of-state placement; (5) Annual public funds expended for in-state residential placements, the sources of such funds, and their average cost per child of such in-state residential placement; (6) Annual public funds expended for nonresidential treatment, the sources of such funds, and the average cost per child of such nonresidential treatment; (7) The average length of stay in out-of-state and in-state placements; and (8) The number and ages of children placed in out-of-home treatment compared to the total number of children in each county of the state.'

SECTION 7. Said title is further amended by striking Code Section 49-5-22 7, relating to Children and Youth Coordinating Council to comment on plan for Coordinated System of Care and provide recommendations, and inserting in lieu thereof a new Code Section 49-5-227 to read as follows:
'49-5-227. The Children and Youth Coordinating Council shall:
(1) Annually review and comment on the State Plan for the Coordinated System of Care, and submit its comments to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Human Services Committee, the Senate Committee on Health and Human Services, the Governor, the Department of Human Resources, and the Department ofEducation; and (2) Annually identify and recommend fiscal, policy, and program initiatives and revisions in the state coordinated system of care to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Human Services Committee, the Senate Committee on

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Health and Human Services, the Governor, the Department of Human Resources, and the Department of Education:

SECTION 8. Said title is further amended by striking subsection (g) of Code Section 49-6-62, relating to establishment of community care unit, and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) The department shall submit on January 1 of each year, beginning in 1984, a progress report on the implementation of the plan required by subsection (e) of this Code section to the Speaker of the House of Representatives, the Senate Committee on Assignments, the chairman of the House Health and Human Services Committee, and the chairman of the Senate Health and Human Services Committee:

SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved April 7, 2005.

RETIREMENT - OPTIONAL RETIREMENT ALLOWANCES.
No. 14 (House Bill No. 381).
AN ACT
To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances, so as to make technical corrections of certain conflicting provisions; 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, is amended by striking in its entirety subsection (e.4) and inserting in lieu thereofthe following:
'(e.4) Option six 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

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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 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.'

SECTION 2. Said Code section is further amended by striking in its entirety subsection (i) and inserting in lieu thereof the following:
'(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 has named a designated beneficiary or beneficiaries to receive all amounts and benefits upon the death ofthe 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 of the new spouse optional allowance two, three, four, or five, as provided in this Code section. 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.'

SECTION 3. Said Code section is further amended by striking in its entirety paragraph (2) of subsection U) and inserting in lieu thereof the following:
'(2) Upon the death of the person designated by the retired member to receive continuing monthly retirement benefits under option two, three, four, five, or six 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.'

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved April 7, 2005.

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RETIREMENT- GEORGIA FIREFIGHTERS' PENSION FUND; GEORGIA CLASS NINE FIRE DEPARTMENT PENSION FUND.

No. 15 (House Bill No. 355).

AN ACT

To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters" Pension Fund, so as to change a certain definition; to change references to the secretary-treasurer of such fund to read executive director; to amend Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, so as to change references to the secretary-treasurer of such fund to read executive director; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firefighters' Pension Fund, is amended by striking in its entirety Code Section 47-7-21, relating to creation of the office of secretary-treasurer of the board, appointment of the secretary-treasurer, compensation, and bond, and inserting in lieu thereofthe following:
'47-7-21. There is created the office of executive director of the Georgia Firefighters' Pension Fund. The executive director shall be named by the board and shall serve at the pleasure of the board. The compensation of the executive director shall be fixed by the board. He or she shall be bonded by a corporate surety in such amount as the board shall determine to be sufficient. The cost of such bond shall be paid by the fund.'

SECTION 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-7-61, relating to tax on premiums charged by fire insurance companies for certain classes of coverage, exclusions, and penalty for failure to report and pay such tax, and inserting in lieu thereofthe following:
'(b) If a fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes imposed by this Code section, the executive director shall report such delinquency to the Commissioner of Insurance. The Commissioner of Insurance is authorized and directed upon receipt of such report, after notice and hearing, immediately to cancel such delinquent's license to do business within this state.'

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SECTION 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-7-101, relating to eligibility for benefits, withdrawal of application for benefits before approval, and reemployment, and inserting in lieu thereof the following:
'(b) Any person who again becomes a paid employee of a fire department or of a volunteer fire department after having been placed on retirement or disability under Code Section 47-7-100 or 47-7-102 shall immediately notifY the executive director of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of reemployment. Disability benefits being paid to any such person shall be terminated as of the date of such reemployment. Within six months of the commencement of reemployment, any such person who at the time of application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Section 47-7-100, but the amount of monthly retirement or disability benefits payable to such member shall not exceed the amount of the monthly benefit which would be payable to such member had such subsequent retirement become effective at the time of the member's prior retirement, unless after such reemployment the member shall have acquired not less than seven years' creditable service as a member of the fund.'

SECTION 4. Chapter 7A of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Class Nine Fire Department Pension Fund, is amended by striking in its entirety subsection (b) of Code Section 4 7-7A-l 01, relating to withdrawal of benefit applications and reemployment, and inserting in lieu thereof the following:
'(b) Any person who again becomes a paid employee of a fire department after having been placed on retirement under Code Section 47-7A-100 shall immediately notifY the executive director of the fund of such reemployment. Retirement benefits being paid to such person shall be suspended as of the date of such reemployment and shall remain suspended until such reemployment terminates at which time the payment of retirement benefits shall be resumed in the amount to which the person was eligible at the time of reemployment. Within six months of the commencement of reemployment, any such person who at the time of application otherwise meets the requirements for membership may, by application in the manner provided by this chapter, become a member of the fund. In the event the application is granted, such member, upon meeting the requirements provided by law, shall be entitled to all benefits provided for in Code Section 47-7 A-100, but the amount of monthly retirement benefits payable to such member shall not exceed the amount of the monthly benefit which would

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be payable to such member had such subsequent retirement become effective at the time of the member's prior retirement, unless after such reemployment the member shall have acquired not less than seven years' creditable service as a member of the fund.'

SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-7 A-1 02, relating to deceased members, and inserting in lieu thereof the following:
(a) In the event of the death of a member of the fund on or after July 1, 200 1, who is in good standing and who has not commenced receiving any benefits under this chapter, the designated beneficiary of such deceased member shall be entitled to be paid the amount of $5 ,000.00, upon making proper application to the executive director of the fund. Such application shall be accompanied by a certified copy of the death certificate of the deceased member and such other information as may be required by the board.'

SECTION 6. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-7A-124, relating to a bar to payment seven years after notice of eligibility and contesting eligibility determination, and inserting in lieu thereof the following:
'(a) No claim shall be made against the fund for benefits or the return of contributions after the lapse of seven years from the date on which the executive director of the fund shall have mailed by first-class mail to the last known address of the firefighter or volunteer firefighter or other person eligible therefor, as such address is reflected by the records of the fund, a written notice that the firefighter or volunteer firefighter or other eligible person is or may be eligible for such benefits or return of contributions; and, in the event any claim for benefits or the return of contributions is barred in accordance with this subsection, the amounts thereof shall be the property of this fund. The bar period prescribed by this subsection shall not begin to run with respect to a firefighter or volunteer frrefighter on leave of absence who has elected to leave his or her contributions in the fund until the failure of the firefighter or volunteer firefighter to provide written confirmation of his or her election to remain on leave of absence within 60 days of a not more frequent than biennial request for such confirmation mailed to the last known address of such firefighter or volunteer firefighter, as such address is reflected by the records ofthe fund.'

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Approved April 7, 2005.

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RETIREMENT - GEORGIA JUDICIAL RETIREMENT SYSTEM; PARTICIPATION
ELECTION; REPEAL.

No. 16 (House Bill No. 492).

AN ACT

To amend Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, so as to repeal a certain election fur participation; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 3 of Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Georgia Judicial Retirement System, is amended by striking in its entirety Code Section 47-23-43, relating to election for participation, and inserting in lieu thereof the following:
'47-23-43. Any person subject to the provisions ofthis Code section on June 30, 2005, shall retain all rights and obligations as exist on that day. Such persons shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 7, 2005.
!

CONSERVATION- DAMS; INFORMATION FILED WITH SUPERIOR COURT CLERK.
No. 17 (House Bill No. 496).
AN ACT
To amend Code Section 12-5-375 of the Official Code of Georgia Annotated, relating to inventory and classification of dams, investigations, technical assistance to local government, artificial barriers, and requirements, so as to provide that the director of the Environmental Protection Division of the Department of Natural

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Resources shall provide the clerk of the superior court of each county with information relating to dams; to provide that the clerk shall maintain such information; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 12-5-37 5 of the Official Code of Georgia Annotated, relating to inventory and classification of dams, investigations, technical assistance to local government, artificial barriers, and requirements, is amended by inserting at the end thereof the following:
'(h) Not later than December 31,2005, and annually thereafter, the director shall provide the clerk of the superior court of each county with information relating to each category I and category II dam in the county. Such information shall include, without limitation, the exact location of the dam and the name and address of the owner of the dam. The clerk shall maintain the information in an easily accessible location near the county's land records for information purposes only.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 7, 2005.

PROPERTY- LIENS; VETERINARIANS; ANIMAL BOARDERS.
No. 18 (House Bill No. 201).
AN ACT
To amend Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, so as to change certain provisions relating to liens for treatment, board, or care of animals and right to retain possession; to define certain terms; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 9 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of veterinarians and boarders of animals, is amended

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by striking Code Section 44-14-490, relating to liens for treatment, board, or care of animals and right to retain possession, and inserting in lieu thereof the following:
'44-14-490. (a) Every licensed veterinarian shall have a lien on each animal or pet treated, boarded, or cared for by him or her while in his or her custody and under contract with the owner of the animal or pet for the payment of charges for the treatment, board, or care of the animal or pet; and the veterinarian shall have the right to retain the animal or pet until the charges are paid.
(b)(l) As used in this subsection, the term: (A) 'Charges' means: (i) Any charges, fees, expenses, and reimbursements which have been contracted for, agreed to, or otherwise mutually acknowledged by written agreement, course of conduct, or understanding, including but not limited to: (I) Board, care, services, and treatment of the animal or pet, whether provided by the operator or by a third party and incurred by the operator; (II) Farrier and veterinary fees and expenses incurred by the operator for or on behalf of the boarded animal or pet; and (III) Fees and expenses for transportation of the animal or pet; and (ii) Late payment fees, returned check fees, and all costs of collection, including but not limited to reasonable attorney's fees and expenses of litigation and costs ofsale. Charges shall not include fees, expenses, or commissions of any kind relating to purchase, sale, or lease of such animal or pet, other than a sale pursuant to Code Section 44-14-491. (B) 'Facility for boarding animals or pets' shall include, but not be limited to, veterinary hospitals, boarding kennels, stables, livestock sales barns, and humane societies.
(2) Every operator of a facility for boarding animals or pets which facility is licensed by the Department of Agriculture, other than a licensed veterinarian, shall have a lien on each animal or pet in his or her care for the payment of all charges of such operator; and the operator of such a facility shall have the right to retain the animal or pet until the charges are paid in full. (c) Any person granted a lien by this Code section may waive such lien in writing.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 7, 2005.

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OFFICIAL CODE OF GEORGIA ANNOTATEDCODE REVISION; CORRECTIONS.

No. 19 (House Bill No. 95).

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 ofthe Code and Acts amendatory thereof which have become obsolete; to delete portions of the Code which have been superseded by subsequent state laws; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Reserved.

SECTION 1.

SECTION 2. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By striking "(7 CFR 51.3195-51.3209)," and inserting in its place "(7 C.F.R. 51.3195-51.3209)," and by striking "(7 CFR 51.1055-51.1 071)" and inserting in its place "(7 C.F.R. 51.1055-51.1071 )"in Code Section 2-14-13 7, relating to standards for grades for Vidalia onions. (2) By striking the single quotation marks before and after the words "Contingent claim" the second time those words appear and inserting in their place double quotation marks in paragraph (1) of subsection (a) of Code Section 2-19-5.1, relating to the definition of "cotton ginner," payment of excess funds in indemnity fund, and filing claims.

SECTION 3. Title 3 of the 0 fficial Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows:
(1) By inserting a comma following "As used in this subsection" and by inserting "an" following "a special agent or" in subsection (e) of Code Section 3-2-30, relating to the powers and duties of special agents and enforcement officers of the

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Department of Revenue generally, bond requirement, and retention of weapon and badge upon retirement or disability.

Reserved.

SECTION 4.

SECTION 5. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended as follows: (1) By striking the comma following "15-6-9" in subsection (e) of Code Section 5-6-46, relating to operation of notice of appeal as supersedeas in civil cases, requirement of supersedeas bond or other form of security, fixing of amount, procedure upon no or insufficient filing, effect of bond as to liability of surety, and punitive damages.

Reserved.

SECTION 6.

Reserved.

SECTION 7.

Reserved.

SECTION 8.

Reserved.

SECTION 9.

SECTION 10. Title 10 of the 0 fficial Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking "delivery, or" and inserting in its place "delivery or," in the form in Code Section 10-4-213, relating to enforcement of a lien without judicial intervention. (2) By striking "the 'Georgia Administrative Procedures Act,' Code Section 50-13-1 et seq." and inserting in its place "Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act."' and by striking "in accordance with the 'Georgia Administrative Procedures Act."' and inserting in its place "in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act."' in subsection (c) of Code Section 10-15-6, relating to penalty, hearing, and effect of judgment in regard to certain credit transactions.

Reserved.

SECTION 11.

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SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows: (1) By striking the designation ofrepealed and inserting in its place the designation of reserved in subsection (c) of Code Section 12-2-4, relating to powers and duties ofthe Department ofNatural Resources. (2) By inserting "(3) 'Water Council' means the Water Council created by Code Section 12-5-5 24." immediately following paragraph (2) of Code Section 12-5-521, relating to definitions in regard to comprehensive state-wide water management planning. (3) By striking "created by Code Section 12-5-524" in subsection (a) of Code Section 12-5-523, relating to cooperation with the Water Council, involvement of stakeholders, and initial draft plan. (4) By striking "coordinating committee called the" and by deleting the quotation marks around "Water Council" in the first sentence of subsection (a) of Code Section 12-5-524, relating to creation of the Water Council and obligations of the council. (5) By striking "supercedes" and inserting in its place "supersedes" in subparagraph (a)(3)(B) of Code Section 12-5-525, relating to a comprehensive state-wide water management plan and approval by the General Assembly, alternative to passage by legislature, emergency actions by Water Council in event of imminent peril, and review and revision of plan. (6) By striking "Heritage" and inserting in its place "heritage" in paragraphs (2) and (3) of Code Section 12-6-242, relating to definitions in regard to the "Forest Heritage Trust Act of2004." (7) By striking ''Heritage preserves" and inserting in its place "Forest heritage preserves" in the introductory language and by striking "heritage preserve" and inserting in its place "forest heritage preserve" in paragraph (2) of Code Section 12-6-246, relating to the use offorest heritage preserves.

Reserved.

SECTION 13.

SECTION 14. Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended as follows: ( 1) By inserting a comma following "retrieved" in current paragraph (8), by redesignating current paragraph (8) as paragraph (9), by redesignating current paragraph (9) as paragraph (8), by striking "First-class" and inserting in its place "First class" and by striking "first-class" and inserting in its place "first class" in paragraph (12 ), by redesignating current paragraph (26) as paragraph (28), by redesignating current paragraph (27) as paragraph (26), and by redesignating current paragraph (28) as paragraph (27) in Code Section 14-2-140, relating to definitions in regard to business corporations.

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(2) By inserting a comma following "incorporation" in the first sentence and by striking "are issued; in each case" and inserting in its place "are issued. In each case" in Code Section 14-2-602, relating to terms of class or series of shares determined by board ofdirectors. (3) By striking subsection (h) of Code Section 14-2-7 04, relating to action without meeting in regard to meetings, shareholders, and business corporations, and inserting in lieu thereof the following:
'(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 fur the purposes ofthis 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 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.' (4) By redesignating current paragraph (II) as paragraph (12) and current paragraph (12) as paragraph (11), respectively, in Code Section 14-3-140, relating to definitions in regard to nonprofit corporations. (5) By striking "otherwise, but" and inserting in its place "otherwise but" in paragraph (3) and by striking ']oint-stock association or a limited partnership," and inserting in its place ']oint-stock association, or a limited partnership" in paragraph (6) of subsection (a) of Code Section 14-3-1108, relating to definitions, merger with foreign corporations, and requirements in regard to nonprofit corporations. (6) By striking the period and inserting a semicolon in its place at the end of subparagraph (C) of paragraph (3) of Code Section 14-3-1401, relating to the dissolution ofa nonprofit corporation by incorporators or initial directors. (7) By inserting a comma following "Code Section 14-3-401" in the introductory language and inserting "or" at the end of paragraph (1) of subsection (a) of Code Section 14-3-1506, relating to the corporate name of a foreign corporation. (8) By striking "state that" and inserting in its place "state, that" in subsection (d) of Code Section 14-3-170 I, relating to the applicability of the Georgia Nonprofit Corporation Code.

SECTION 15. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking "There shall be a Georgia Courts Automation Commission, hereafter referred to at times in this article as the 'commission.'" and inserting in its place 'There shall be a Georgia Courts Automation Commission." in subsection (a) of current Code Section 15-5-80, relating to the Georgia Courts Automation Commission, members, appointment of officers, and compensation; by

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redesignating current Code Section 15-5-80 as Code Section 15-5-80.1; and by inserting a new Code Section 15-5-80 to read as follows:
'15-5-80. As used in this article, the term:
(1) 'Commission' means the Georgia Courts Automation Commission. (2) 'Council' means the advisory council to the commission." (2) By striking "There shall be an Advisory Council to the Georgia Courts Automation Commission, hereafter referred to in this article as the 'advisory council."' and inserting in its place ''There shall be an advisory council to the Georgia Courts Automation Commission." in subparagraph (a) of Code Section 15-5-81, relating to an advisory council to the commission, members, and compensation in regard to the Georgia Courts Automation Commission. (3) By striking "a council of court administrators to be known as the 'Georgia Council of Court Administrators."' and inserting in its place "the Georgia Council of Court Administrators." in existing subsection (a); by striking "Georgia Council of Court Administrators" and inserting in its place "council" in existing subsection (d); by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; and by inserting a new subsection (a) in Code Section 15-5-100, relating to the creation of Georgia Council of Court Administrators, composition, organization, purpose, expenses, and powers, to read as follows: '(a) As used in this Code section, the term 'council' means the Georgia Council of Court Administrators." (4) By inserting between the "(k)" and the "(1)" designation a catchline to read "Simultaneous service by judges." in paragraph (1) of subsection (k) of Code Section 15-11-18, relating to the creation of juvenile courts, terms and compensation of judges, state grants for judicial salaries, qualifications, presiding judge, practice oflaw, actions by judges, administration, and expenditures. (5) By striking "subsection (o) of Code Section 15-11-58" and inserting in its place "subsection (a) of Code Section 15-11-5 8.1" in paragraph (1) of subsection (g) of Code Section 15-11-155, relating to a hearing for the approval of a mental competency plan, additional hearings, notice, review of plan, later determination of mental competency, civil commitment, and referral to adult services. (6) By striking "print-out" and inserting in its place "printout" in subsection (b) of Code Section 15-12-43, relating to the jury list book or computer printout. (7) By striking "crime," and inserting in its place "crime;", by striking "relating to the 'Crime Victims' Bill of Rights,"' and inserting in its place "the 'Crime Victims' Bill of Rights';", and by striking "sodomy," and inserting in its place "sodomy;" in paragraph (2) of subsection (c) of Code Section 15-18-14.1, relating to district attorney investigators. (8) By striking "Code Section 15-21A-3 and 15 -21A-6" and inserting in its place "Code Sections 15-21A-3 and 15-21A-6" in subsection (a) of Code Section 15-21A-5, relating to retention of funds by the Georgia Superior Court Clerks' Cooperative Authority, remittance to general fund of state treasury, and accumulation of interest.



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SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking "subsections (c), (d), and (e)" and inserting in its place "subsections (c) through (f)" in subsection (b) of Code Section 16-5-20, relating to simple
assault. (2) By striking "provided in subsections (c) through (h)" and inserting in its place "provided in subsections (c) through (i)" in subsection (b) ofCode Section 16-5-23, relating to simple battery. (3) By striking "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 inserting in its place "at the time of arrest; the name and address of the convicted person; the date, time, and place of arrest; and the disposition of the case" in subsection (a) of Code Section 16-5-26, relating to publication of second or subsequent conviction of simple assault, simple battery, or battery, cost of publication, and good faith publications immune from liability. (4) By striking "ammonia" and inserting in its place "ammonia,", by striking "16-11-111 ," and inserting in its place "16-11-111 ;", and by striking "16-13-30 .3," and inserting in its place "16-1-3 0.3;" in paragraph (1) and by striking "body, or the substantial" and inserting in its place "body, the substantial" in paragraph (5) of subsection (a) of Code Section 16-5-73, relating to prohibition against the presence of children during the manufacture of methamphetamine and punishment. (5) By striking "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 inserting in its place "at the time of arrest; the name and address of the convicted person; the date, time, and place of arrest; and the disposition of the case" in subsection (a) of Code Section 16-5-96, relating to publication of second or subsequent conviction of stalking or aggravated stalking, cost of publication, and good faith publications immune from liability. (6) By striking "electronic monitor" and inserting in its place "electronic monitoring device" in paragraph (4) of current subsection (a); by redesignating current subsection (a) as subsection (b) and current subsection (b) as subsection (c), respectively; by redesignating current subsection (c) as subsection (a); and by striking "5" and inserting in its place "five" in subsection (d) of Code Section 16-7-29, relating to interference with electronic monitoring devices, the definition of an "electronic monitoring device," and penalty. (7) By striking "as defined in Code Section 49-5-3," and inserting in its place "as defined in Code Section 20-1A-2," in paragraph (4) of subsection (a) of Code Section 16-12-2, relating to smoking in public places. (8) By striking "commerce and certain payday" and inserting in its place "commerce. Certain payday" in subsection (d) of Code Section 16-17-1, relating to the definition of "payday lending," legislative findings, prohibited activity, and no impairment of agencies with concurrent jurisdiction.

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(9) By striking "electronic," and inserting in its place "electronic means," in the introductory language of subsection (a) and by striking "five years imprisonment" and inserting in its place "five years' imprisonment" in subsection (d) of Code Section 16-1 7-2, relating to prohibition on loans ofless than $3,000 .00, exceptions, and penalty for violations. (10) By striking "district attorney one-half' and inserting in its place "district attorney, one-half' in subsection (b) of Code Section 16-17-4, relating to liability for civil penalty to state and distribution ofproceeds. ( 11) By striking "or other business entities" and inserting in its place "and other business entities" and by striking ''Department of Banking and Finance and" and substituting in its place "Department of Banking and Finance, and" in Code Section 16-17-7, relating to the prohibition against the issuance of certificate of authority from the Secretary of State.

SECTION 17. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: ( 1) By inserting "State" immediately preceding "Board of Pardons and Paroles" in paragraph (4) of subsection (a) of Code Section 17-10-1, relating to fixing of sentence, suspension or probation of sentence, change in sentence, eligibility for parole, prohibited modifications, and exceptions. (2) By striking "and" immediately following "Code section" both times it appears in subsection (c) of Code Section 17-12-8, relating to approval by the Georgia Public Defender Standards Council of programs for representation of indigents, development of standards, and submission to and ratification by the General Assembly of standards having a fiscal impact. (3) By striking "defender, and" and inserting in its place "defender and" in paragraph (2) of subsection (a) of Code Section 17-12-27, relating to appointment of assistant public defenders, salary, and promotions.

Reserved.

SECTION 18.

Reserved.

SECTION 19.

SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (I) By striking "on-site" and inserting in its place "on site" in paragraph (2) of subsection (a) of Code Section 20-1A-13, relating to definitions, emergency placement of monitors, contents of emergency orders, and hearing and procedure in regard to early care and learning. (2) By striking "industry, trade, and tourism," and inserting in its place "economic development" twice in the undesignated text of subsection (a) of Code Section

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20-1A-61, relating to the Georgia Child Care Council and its members, length of terms, appointments, and removal of members. (3) By striking "school-aged children" and inserting in its place "school age children" in paragraph (1) of subsection {a) of Code Section 20-1A-64, relating to the functions and authority of the lead agency and department in regard to the Georgia Child Care Council. (4) By striking "provisions of law" and inserting in its place "provision of law" in Code Section 20-2-56, relating to nonpartisan elections for members of boards of education. (5) By striking "online course of study" and inserting in its place "on-line course of study" in paragraph (2) of subsection (a) of Code Section 20-2-142, relating to prescribed courses in regard to competencies and core curriculum and the development and dissemination of instructional materials on the effect of alcohol. (6) By striking "none ofwhich are amended," and inserting in its place "none of which is amended," in subsection (d) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, a computerized uniform budget and accounting system, and submission of a local budget to the state board. (7) By striking "except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 2004-2005 school years only" and by striking ", except as otherwise provided in subsection (k) of this Code section for the 2003-2004 and 2004-2005 school years only" in subsection (i) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, maximum class size, reporting requirements, and application to specific school years. (8) By redesignating the subsection (b) designation as (b)( 1) and by redesignating current paragraphs (1) through (4) as paragraphs (2) through (5), respectively, in subsection (b) of Code Section 20-2-200, relating to the regulation of certificated professional personnel by the Professional Standards Commission. (9) By striking "online" and inserting in its place "on line" each time it appears in subsection (c) of Code Section 20-2-201, relating to specific course requirements, in-service or continuing education, and on-line offerings. (10) By striking "grades K through 5" and inserting in its place "grades kindergarten through five" in subsection (e) of Code Section 20-2-218, relating to duty-free lunch periods, exchange of lunch period fur compensation or other benefit, length of school day not affected, exemption for extenuating circumstances, and funding. (11) By striking "State" and inserting in its place "state" in the introductory language of subsection (f) of Code Section 20-2-260, relating to capital outlay funds generally. {12) By striking "third grade" wherever it appears and inserting in its place "third-grade" in subsections (a) and (b) and by striking "EIP" and inserting "early intervention programs" and by striking "school year, and" and inserting in its place "school year; and" in subsection (b) of Code Section 20-2-285.1, relating to provisions applicable to third-grade criterion-referenced reading assessment students.

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(13) By striking "subsection (b) or subsection (c)" and inserting in its place "subsection (b) or (c)" in subsection (d) of Code Section 20-2-290, relating to organization of schools, middle school programs, and schedule. (14) By striking "As used in this Code Section," and inserting in its place "As used in this Code section," in subsection (a) and by striking "athlete" and inserting in its place "student-athlete" in paragraph (1) ofsubsection (b) ofCode Section 20-2-317, relating to inappropriate means of encouraging and rewarding student-athletes, penalty, and notice to students. (15) By striking "As used in this Code Section," and inserting in its place "As used in this Code section," in subsection (a) of Code Section 20-2-318, relating to intercollegiate athletics and remedies for improper activities. ( 16) By striking "indentity" and inserting in its place "identity" in subsection (a) and by inserting a comma after "personnel records" in subsection (c) of Code Section 20-2-320, relating to the Education Information Steering Committee, identification ofdata to implement the Quality Basic Education Program, State Data and Research Center, and state-wide comprehensive educational information network. (17) By striking "drivers and, each" and inserting in its place "drivers, and each" in subsection (a) of Code Section 20-2-1126, relating to written policies and procedures for operation of school buses, receipt of code of conduct by students, and acknowledgment by parent or guardian. ( 18) By striking "five days public notice" and inserting in its place "five days' public notice" in subsection (c) of Code Section 20-14-3, relating to membership, officers, and meetings in regard to the Education Coordinating Council.

Reserved.

SECTION 21.

SECTION 22. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended as follows: (l) By striking Code Section 22-3-160, relating to public hearings required and exception to hearing requirement, and inserting in its place the following:
'22-3-160. As used in this article, the term 'utility' means a 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.

22-3-160.1. (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 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

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domain for purposes of an electric transmission line for 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 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 of the 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 of the information required by paragraph (1) of this 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 ofthe 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.

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(d) A utility shall not be required to give notice of or hold public meetings with respect to any ofthe following:
(1) 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 1, 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; (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.' (2) By striking "subsection (a) ofCode Section 22-3-160" and inserting in its place "subsection (a) of Code Section 22-3-160.1" in subsection (a) and by striking "subsection (d) of Code Section 22-3-160" and inserting in its place "subsection (d) of Code Section 22-3-160.1" in subsection (c) ofCode Section 22-3-161, relating to selection of route for electric transmission line and settlement negotiations with property owners.

Reserved.

SECTION 23.

SECTION 24. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended as follows: (1) By striking Code Section 24-4-60, relating to the requirement for DNA analysis of blood of persons convicted of certain sex offenses and the storage of the profile in a data bank, and inserting the following:
'24-4-60. (a) As used in this Code section, the term 'state correctional facility' means a penal institution under the jurisdiction of the Department of Corrections, including inmate work camps and inmate boot camps; provided, however, that such term shall not include a probation detention center, probation diversion center, or probation boot camp under the jurisdiction of the Department of Corrections.

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(b) Any person convicted of a criminal 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 system have a sample of his or her blood, an oral swab, or a sample obtained from a noninvasive procedure taken for DNA (deoxyribonucleic acid) analysis to determine identification characteristics specific to the person. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony prior to July 1, 2000, and who currently is incarcerated in a state correctional facility in this state for such offense. The provisions and requirements of this Code section shall also apply to any person who has been convicted of a felony in this state on or after July 1, 2000, and who is incarcerated in a private correctional facility in this state for such offense pursuant to a contract with the Department of Corrections upon entering the facility, and for any person convicted of a felony prior to July 1, 2000, and who is incarcerated in a private correctional facility in this state pursuant to contract with the 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 of the profile resulting from the DNA analysis shall be stored and maintained by the bureau in a DNA data bank and shall be made available only as provided in Code Section 24-4-63.'

SECTION 25. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended as follows: (1) By striking "provided in subsection (d) of this Code section," and inserting in its place "provided in subsection (c) of this Code section," in the introductory language of subsection (a) of Code Section 25-3-23, relating to general requirements, equipment and clothing, and insurance in regard to local fire departments.

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(2) By striking "subsection (d) of Code Section 25-3-23." and inserting in its place "subsection (c) of Code Section 25-3-23." in subsection (a) of Code Section 25-3-25, relating to suspension or revocation of certificate of compliance, hearing by aggrieved departments, and enforcement of suspensions or revocations in regard to local fire departments.

Reserved.

SECTION 26.

SECTION 27. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended as follows: (I) By inserting a comma immediately following "As used in this subsection" in subsection (c) of Code Section 27-l-16, relating to the establishment of a unit of conservation rangers, qualifications, appointment, and supervisory personnel, and retention of badge and weapon upon disability retirement.

SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows: (I) By striking "it" and inserting in its place "them" at the end of Code Section 28-6-7, relating to the Council of State Governments, the Council of State Governments - Clairmont Road, L.L.C., and the Southern Legislative Conference declared joint governmental agencies.

SECTION 29. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended as follows: (I) By striking "'VA Guardian'" and inserting in its place "'VA guardian"' in paragraph (26) of Code Section 29-l-l, relating to definitions relative to guardian and ward. (2) By striking "listed;" and inserting in its place "listed; or" in subparagraph (b)(7)(B) of Code Section 29-2-17, relating to petition for appointment of permanent guardian. (3) By striking "this state" and inserting in its place "this state," in subsection (c) of Code Section 29-2-25, relating to guardians and bonds. (4) By striking "all property held" and inserting in its place "all property of the minor held" in subsection (d) of Code Section 29-2-40, relating to petition to resign guardianship, requirements, service, hearing, and appointment of successor guardian. (5) By striking "against the guardian" and inserting in its place "against the guardian." in subsection (c) of Code Section 29-2-42, relating to the requirement of guardian to answer charges affecting obligations as guardian, revocation of guardianship, and the impact on other proceedings.

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(6) By inserting a comma after "successor guardian" the first time it appears in Code Section 29-2-52, relating to delivery of property to a successor guardian and reporting requirements. (7) By striking "minors" and inserting in its place "minor" in subsection (a) of Code Section 29-3-5, relating to the nomination of testamentary conservator, no notice, bond, or security required, and rights, powers, and duties. (8) By inserting "and" after the semicolon at the end of paragraph (4) of subsection (b) of Code Section 29-3-36, relating to an estate plan for a minor, appointment of a guardian ad litem, and considerations prior to a property transfer. (9) By striking "flied shall" and inserting in its place "filed, shall" in subsection (c) of Code Section 29-3-61, relating to the interim settlement of accounts, the reporting and requirements of a report, and the procedure for objecting. (10) By striking "terminate on" and inserting in its place "terminate either on", by striking "or, earlier," and inserting in its place "or earlier", and by striking "court and where" and inserting in its place "court; and, where" in subsection (a) of Code Section 29-3-64, relating to the termination of conservatorship. (11) By striking "Alternatively the" and inserting in its place "Alternatively, the" in subsection (a) of Code Section 29-3-71, relating to final settlements, settlement period, examination of returns and accounts by the court, and the return of property to a minor. (12) By striking "property held" and inserting in its place "property ofthe minor held" in subsection (d) of Code Section 29-3-80, relating to the required showing for a resignation of a conservator, requirement of a name of a suitable alternate, notice, and order appointing a successor conservator. (13) By striking "and to the" and inserting in its place "to the" in subsection (a) of Code Section 29-3-81, relating to individuals entitled to notice, appointment of successor conservator, and turning over of property. (14) By striking "served; or" and inserting in its place "served;" in paragraph (2) of subsection (b) and by striking "appropriate" and inserting in its place "appropriate," in subsection (c) of Code Section 29-3-91, relating to the appointment ofa successor conservator, notice, and hearing and bond requirements. (15) By striking "interested person the court" and inserting in its place "interested person, the court" in Code Section 29-3-113, relating to hearings in regard to transfer of conservatorships. (16) By striking "evaluation report the court" and inserting in its place "evaluation report, the court" in subsection (a) of Code Section 29-4-12, relating to the judicial review of pleadings and evaluation report, findings, and hearing. (17) By striking "the hearing the court" and inserting in its place "the hearing, the court" in subsection (a) of Code Section 29-4-16, relating to the conduct of an emergency guardianship hearing and limitations on emergency guardianship. (18) By striking "in this state the bond" and inserting in its place "in this state, the bond" in subsection (c) of Code Section 29-4-30, relating to bond, recording of bond, and payment of costs. (19) By striking "than resigning guardian" and inserting in its place "than the resigning guardian" in the introductory language of subsection (c) and by striking

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"all property held" and inserting in its place "all property of the ward held" in subsection (d) of Code Section 29-4-50, relating to the resignation of a guardian, required showing, alternative guardian, individuals entitled to notice, and hearing. (20) By striking "malfeasance, misfeasance or nonfeasance" and inserting in its place "malfeasance, misfeasance, or nonfeasance" in subparagraph (b)(1)(A) and by striking "performed;" and inserting in its place "performed; and" in subparagraph (b)(1)(C) of Code Section 29-4-86, relating to the required notice and waiver of notice requirements in regard to the procedure in jurisdiction of guardians of adults. (21) By striking "interested person the court" and inserting in its place "interested person, the court" in subsection (a) of Code Section 29-4-8 7, relating to hearing and stay pending challenge. (22) By striking "delivery, transfer or issuance" and inserting in its place "delivery, transfer, or issuance" in the undesignated text of subsection (a) of Code Section 29-5-4, relating to affidavit on property or value of estate, and payment, transfer, or delivery pursuant to affidavit. (23) By striking "facility, other" and inserting in its place "facility other" in paragraph (1) of subsection (d) of Code Section 29-5-11, relating to the prerequisite fmding prior to the appointment of a conservator; notice, evaluation, and written report in regard to the petition for an appointed conservator. (24) By striking "evaluation report" and inserting in its place "evaluation report," in subsection (a) of Code Section 29-5-12, relating the judicial review and proceedings in regard to the petition for an appointed conservator. (25) By striking "Code Section 29-3-3," and inserting in its place "Code Section 29-3-3" in paragraph (5) ofsubsection (c) ofCode Section 29-5-23, relating to the authority of a conservator and cooperation with a guardian or other interested parties. (26) By inserting "and" after "party;" at the end ofparagraph (4) of subsection (b) of Code Section 29-5-36, relating to development of an estate plan for a ward and appointment of a guardian ad litem prior to implementation of a plan. (27) By striking "thereon but upon" and inserting in its place "thereon; but, upon" in subsection (c) of Code Section 29-5-41, relating to the terms of a conservator's bond, timing, value, and substantial compliance sufficient. (28) By striking "show the court its desire" and inserting in its place "show the court his or her desire" in subsection (a) of Code Section 29-5-49, relating to the discharge of surety from obligations under bond and reporting. (29) By striking "without limitation," and inserting in its place "without limitation" in Code Section 29-5-51, relating to reimbursement for reasonable expenses in regard to the compensation of conservators. (30) By inserting a comma after "dismissed" both times the word appears in subsection (b) and by inserting "of the ward" after "property" in subsection (f) of Code Section 29-5-72, relating to the termination of a conservatorship, the required evidence to support, burden of proof, and death of a ward. (31) By striking "Code Section," and inserting in its place "Code section," in subsection (c) of Code Section 29-5-81, relating to the final settlement, appearance by a ward or successor conservator, and return ofproperty.

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(32) By striking "all property" and inserting in its place "all property of the ward" in subsection (d) of Code Section 29-5-90, relating to the resignation of a conservator, requirement of a petition, an alternative conservator, notice to interested individuals, and an order of appointment of successor conservator. (33) By striking "that court and" and inserting in its place "that court, and" in subsection (c) of Code Section 29-5-120, relating to a petition fur removal and prerequisites in regard to the removal of conservators. (34) By striking "the term 'conservatorship' refers to" and inserting in its place "the term 'conservatorship' means", by inserting a comma after "adult", and by striking "with the term ward," and inserting in its place "as the ward," in subsection (a) of Code Section 29-5-125, relating to the definition of "conservatorship," transfer, and the requirements of petition requesting transfer. (35) By striking ''by any interested person the court" and inserting in its place "by any interested person, the court" in subsection (a) of Code Section 29-5-127, relating to a hearing on receipt and acceptance of a foreign conservator and a stay ofproceedings pending a challenge. (36) By striking "a 'foreign conservator' is" and inserting in its place "the term 'fureign conservator' means" and by striking "the 'ward"' and inserting in its place "the ward," in subsection (a) of Code Section 29-5-13 5, relating to the defmition of a "foreign conservator" and the sale or disposal of property. (37) By striking "30 day period" and inserting in its place "30 day period," in subsection (a) of Code Section 29-9-13, relating to the satisfaction of requirements of authentication or exemplification in regard to guardian and ward court proceedings.

Reserved.

SECTION 30.

SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking subsections (b) and (c) of Code Section 3 1-10-9, relating to registration ofbirths, and inserting in their place the following:
'(b) When a birth occurs in an institution or en route thereto, the person in charge of such institution or that person's designated representative shall obtain the personal data, prepare the birth certificate, certify, either by signature or by an electronic process established or approved by the State Office of Vital Records, that the child was born alive at the place and time and on the date stated 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 following in the indicated order of priority:

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(1) The physician or certified nurse midwife in attendance at or immediately after the birth; or in the absence of such person: (2) Any other person in attendance at or immediately after the birth; or in the absence of such a person: (3) The father or the mother; or in the absence of the father and inability of the mother: (4) The person in charge of the premises where the birth occurred.' (2) By striking "the 'Georgia Post-mortem Examination Act,"' and inserting in its place "Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act,'" in paragraph (3) of subsection (a) and by striking "the 'Georgia Post-mortem Examination Act."' and inserting in its place "Article 2 of Chapter 16 of Title 45, the 'Georgia Death Investigation Act.'" in subsection (b) of Code Section 31-10-18, relating to the registration of spontaneous fetal deaths.

SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: ( 1) By codifying the language in Section 2 of Ga. L. 2004, p. 898 as Code Section 32-9-12 to read as follows:
'32-9-12. 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.'

SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as fullows: (1) By striking "provided, however, that," and inserting in its place "provided, however, that" and by striking "this Code section, the Commissioner" and inserting in its place "this Code section the Commissioner" in subsection (a) of Code Section 33-21-3, relating to the grounds and procedure for issuance or denial of certificate of authority and endorsement of change of address upon certificate of authority in regard to health maintenance organizations. (2) By striking "obtain any line of authority" and inserting in its place "obtain a license for any line of authority" in subparagraph (a)(5)(B) of Code Section 33-23-5, relating to qualifications and requirements fur a license. (3) By striking "The certification shall state," and inserting in its place "The certificate shall state," in subsection (c) of Code Section 33-23-8, relating to the form and contents of a license application and fees. (4) By striking "rule or regulations" and inserting in its place "rules or regulations" in subsection (b) of Code Section 33-23-13, relating to temporary licenses.

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(5) By striking subsections (c) through (g) of Code Section 33-23-16, relating to insurance licensing of nonresidents in regard to agents, agencies, subagents, counselors, and adjusters, and inserting in their place the following:
'(c) A nonresident agent who moves from one state to another state or a resident agent who moves from this state to another state shall file a change of address and provide certification from the new resident home state within 30 days of the change in legal residence. No fee or application is required. (d) Notwithstanding any other provision of this title, a person licensed as a surplus lines broker in such person's home state shall receive a nonresident surplus lines broker license pursuant to subsection (a) of this Code section. Except as to subsection (a) of this Code section, nothing in this Code section otherwise amends or supersedes any portion of this title. (e) Notwithstanding any other provision of this title, a person licensed as a limited lines credit insurance or other type of limited lines agent in such person's home state shall receive a nonresident limited lines agent license pursuant to subsection (a) of this Code section granting the same scope of authority as granted under the license issued by the agent's home state. For the purposes of this subsection, limited lines insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines pursuant to applicable Georgia regulations. (f) The Commissioner may by rule or regulation implement a renewal process and set expiration dates.
(g)( 1) A nonresident individual agent shall not act as an agent of an insurer unless the agent becomes an appointed agent ofthat insurer as follows:
(A) To appoint an individual as its agent, the appointing insurer shall file, pursuant to Code Section 33-23-26, a notice of appointment within 15 days from the date of licensure or before the first insurance application is submitted. An insurer may also elect to appoint an agent to all or some insurers within the insurer's holding company system or group by the filing of a single appointment request; (B) Upon receipt of the notice of appointment, the Commissioner shall verify within a reasonable time, not to exceed 30 days, that the insurance agent is eligible for appointment. If the insurance agent is determined to be ineligible for appointment, the Commissioner shall notify the insurer within five days of such determination; and (C) An insurer shall pay an appointment fee, in the amount and method of payment set forth in Code Section 33-8-1, for each insurance agent appointed by the insurer. (2) An insurer shall remit, in a manner prescribed by the Commissioner, a renewal appointment fee in the amount as provided for initial appointments set forth in Code Section 33-8-1. (3) An agent who is not acting as an agent of an insurer is not required to become appointed.'

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(6) By striking "20 years or more" and inserting in its place "20 years or more," in subsection (d) of Code Section 33-23-18, relating to issuance of license on continuous basis, filing for continuation, and continuing education requirements. (7) By striking "in inactive status" and inserting in its place "on inactive status" wherever it appears in subsection (a) of Code Section 33-23-20, relating to the effect ofa license suspension or placement of a license on inactive status. (8) By striking "agent's certificates of authority" and inserting in its place "agents' certificates of authority" in subsection (b) of Code Section 33-23-26, relating to agent's certificate of authority. (9) By striking "resident state" and inserting in its place "resident home state" in paragraph (2) of subsection (a) of Code Section 33-23-29.1, relating to licensing of nonresident counselors. (10) By striking "cancellable" and inserting in its place "cancelable" in subsection (b) of Code Section 33-24-12, relating to noncomplying conditions or provisions and cancellation of contracts covering uninsurable subjects. (11) By striking "subparagraph (H)" and inserting in its place "subparagraph (I)" in subparagraph (e)(3 )(J) of Code Section 33-24-45, relating to the cancellation or nonrenewal of automobile or motorcycle policies and procedure for review by the Commissioner. (12) By striking "Section 1396 et seq.," and inserting in its place "Section 1396, et seq.," in paragraph (3) of subsection (a) of Code Section 33-24-58.2, relating to the Newborn Baby and Mother Protection Act and minimum health benefit policy coverage, prohibited actions by insurance providers, and required notice to the mother. (13) By striking "have been received" and inserting in its place "has been received" in paragraph ( 1) of subsection (b) of Code Section 33-24-59.5, relating to timely payment of health benefits, notification of failure to pay, and penalty for violation. (14) By striking "Section 1396 et seq.," and inserting in its place "Section 1396, et seq.," in paragraph (2) of subsection (c) of Code Section 33-24-59.9, relating to registered nurse first assistants. (15) By striking "zip code," and inserting in its place "ZIP Code," in paragraph (1) and by striking "twelve-month" and inserting in its place "12 month" in subparagraph (A) of paragraph (7) of Code Section 33-24-91, relating to the use of credit information to underwrite or rate risks. ( 16) By striking "Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated." and inserting in its place "Article 4 of Chapter 18 of Title 50." in subsection (b) of Code Section 33-24-95, relating to filing scoring models with the Commissioner of Insurance and confidential nature ofthe filing. ( 17) By inserting the introductory language "As used in this chapter, the term:" at the beginning of Code Section 3 3-34A-2, relating to definitions of vehicle protection product warranties. (18) By striking "title applicable to insurers shall" and inserting in its place "title, applicable to insurers, shall" and by inserting a semicolon after "paragraph (6) of Code Section 33-35-2" in Code Section 33-35-23, relating to the applicability of Chapter 6 of this title, unfair trade practices.

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(19) By striking "prior April 15," and inserting in its place "prior to April 15," in paragraph (2) of subsection (h) of Code Section 33-37-8.1, relating to the immunity of receivers and employees, indemnification, attorney's fees, approval of settlement, and applicability of provisions. (20) By striking "amount;" and inserting in its place "amount; and" at the end of paragraph (4) of Code Section 33-45-4, relating to administration by the Insurance Department in regard to continuing care providers and facilities. (21) By striking "forego" and inserting in its place "forgo" in paragraph (2) of subsection (b) of Code Section 33-5 6-6, relating to mandatory control level events and actions by the Commissioner oflnsurance. (22) By striking "pamphlet, letter or poster" and inserting in its place "pamphlet, letter, or poster" in subsection (b) of Code Section 33-56-8, relating to the confidentiality of certain information and corrective orders in regard to risk-based capital levels.

Reserved.

SECTION 34.

SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By inserting a comma after "As used in this Code section" in subsection (a) of Code Section 35-2-49.1, relating to the retention of a badge and weapon by a disabled law enforcement officer. (2) By striking "the state" and inserting in its place "this state" in subsection (a), by striking "Bureau" and inserting in its place "bureau" and by striking "his" and inserting in its place "his or her" in paragraph (3) of subsection (b), by striking "on defendant's attorney of record or on defendant" and inserting in its place "on the defendant's attorney of record, or on the defendant" and by striking "against defendant" and inserting in its place "against the defendant" in subsection (c), and by striking "witness' availability" and inserting in its place "witness's availability" in subsection (e) of Code Section 35-3-154.1, relating to the admission of reports from the state crime laboratory.

SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking "municipality as a named insured shall assume" and inserting in its place "municipality as a named insured; shall assume" in paragraph (I) of subsection U) of Code Section 36-37-6, relating to the disposition of municipal property generally. (2) By striking "established in" and inserting in its place "established pursuant to" in subsections (c), (d), and (e) of Code Section 36-45-5, relating to the Harold F. Holtz Municipal Training Institute.

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Reserved.

SECTION 37.

Reserved.

SECTION 38.

Reserved.

SECTION 39.

SECTION 40. Title 40 of the 0 fficial Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (l) By striking "Department of Revenue" and inserting in its place "department" both times it appears in subsection (a) of Code Section 40-3-40, relating to reports and remittances by tag agents. (2) By striking "division (c)(l)(B)(ii) of this Code section," and inserting in its place "division (ii) of subparagraph (B) of this paragraph," and by striking "requirements of subsection (c) of this Code section" and inserting in its place "requirements of this subsection" in subparagraph (c)( 1)(B .1) of Code Section 40-5-2, relating to the keeping of records of applications for licenses and information on licensees and furnishing of information. (3) By striking "completion, or has" and inserting in its place "completion or has" in paragraph (1) of subsection (a.l) of Code Section 40-5-22, relating to persons not to be licensed, minimum ages for licensees, school attendance requirements, and driving training requirements.

SECTION 41. Title 41 of the Official Code of Georgia Annotated, relating to nuisances, is amended as follows: (l) By striking the single quotation marks and inserting in their place double quotation marks in the first sentence of the undesignated text after subparagraph (a)(4)(B) of Code Section 41-2-9, relating to county or municipal ordinances relating to unfit buildings or structures.

SECTION 42. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended as follows: (l) By striking "Web site;" and inserting in its place "website;" in paragraph (l) of Code Section 42-5-9, relating to the notification of a projected release date of an inmate. (2) By inserting "Georgia" before "Superior Court Clerks Cooperative Authority" in paragraph ( 1) of subsection (d) and by deleting "to" before "modify or change" in subsection (g) of Code Section 42-8-3 4, relating to hearings and determinations, referral of cases to probation supervisors, probation or suspension of sentence,

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payment of fine or costs, disposition of a defendant prior to a hearing, continuing jurisdiction, transferal ofprobation supervision, and probation fee. (3) By striking the single quotation marks and inserting in their place double quotation marks in paragraph (1) of subsection (d) of Code Section 42-8-112, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining a probationary license and reporting requirement. (4) By striking "Code Section 42-8-34, and" and inserting in its place "Code Section 42-8-34 and" in subsection (b) of Code Section 42-8-152, relating to sentencing to sentencing options system. (5) By striking "a warrant, or" and inserting in its place "a warrant or" in Code Section 42-8-154, relating to a preliminary hearing in regard to a probation hearing. (6) By striking "15 days, but not less than" and inserting in its place "15 days but not less than" in paragraph (2) of subsection (c) of Code Section 42-8-155, relating to hearings regarding violations in regard to probation management. (7) By striking "under 14 years of age (now 16)" and inserting in its place "under 16 years of age" in subsection (a) of Code Section 42-9-44.1, relating to sexual offenders, conditions for parole, and information and notice of name, address,
crime.

SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking "'Georgia Administrative Procedures Act,"' and inserting in its place "'Georgia Administrative Procedure Act,"' in subsection (c) of Code Section 43-4A-8, relating to the discipline of registered agents and notice and hearing required in regard to athlete agents. (2) By striking "Oin accordance" and inserting in its place "in accordance" in paragraph (1) of subsection (b) of Code Section 43 -4B-13, relating to the authority to refuse to grant or to revoke or suspend a license, fines, and revoking suspension in regard to licensing under the Georgia Athletic and Entertainment Commission. (3) By striking "full time clinical practice," and inserting in its place "full-time clinical practice," and by striking "full time faculty," and inserting in its place "full-time faculty," in paragraph (1) of subsection (a) ofCode Section 43-11-41, relating to the application for a provisional license to practice dentistry by credentials, procedure, criminal background check, and expiration oflicense. (4) By striking "full time clinical practice," and inserting in its place "full-time clinical practice," and by striking "full time faculty practice," and inserting in its place "full-time faculty practice," in paragraph (1) of subsection (a) of Code Section 43-11-71.1, relating to application for license to practice dental hygiene by credentials, procedure, criminal background check, and expiration oflicense. (5) By redesignating current paragraph (3) as paragraph (1) and by redesignating current paragraphs (1) and (2) as paragraphs (2) and (3), respectively, in order to correctly alphabetize the def'mitions in Code Section 43-13-2, relating to ''The Driver Training School and Commercial Driver Training School License Act" definitions.

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(6) By striking "not less that 30 days" and inserting in its place "not less than 30 days" in subsection U) of Code Section 43-17-3, relating to the registration of paid solicitors. (7) By striking "'LPN"' and inserting in its place "'L.P .N."' in subsection (a) and by striking "'GPN'" and inserting in its place "'G.P.N."' and by striking '"GPN."' and inserting in its place "'G.P.N."' in subsection (b) of Code Section 43-26-33, relating to the use of a title by a licensed practical nurse or applicant. (8) By striking "ADS" and inserting in its place "A.D.S." both times it appears in subsection (b) of Code Section 43-34-72, relating to the use of titles and professional designations in regard to the practice of acupuncture. (9) By striking "after the April 11, 2001," and inserting in its place "after April 11, 2001," in subsection (g) of Code Section 43-34A-3, relating to the "Patient Right to Know Act of 2001" and physician profiles, dissemination to public, content and maintenance requirements, corrections, and judgments prior to April 11, 2001. (10) By striking "designated" and inserting in its place "designed" in paragraph ( 13) of subsection (a) of Code Section 43-50-27, relating to disciplinary action, emergency action and summary suspension, judicial review, reinstatement, investigatory powers, and voluntary surrender of license or registration in regard to the licensing and registration of veterinarians and veterinary technicians by the State Board of Veterinary Medicine.

SECTION 44. Title 44 of the 0 fficial Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking subsections (a), (b), and (t) of Code Section 44-1-13, relating to the removal of improperly parked cars or trespassing personal property, procedure, the prohibition of automatic surveillance, and penalty and inserting new subsections (a), (b), and (t) to read as follows:
"(a) As used in this Code section, the term: (1) 'Department' means the Department of Motor Vehicle Safety. (2) 'Private property' means any parcel or space of private real property.
(a.I) Any person or his or her authorized agent entitled to the possession of any private property shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of residential private property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the

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local governing authority of the jurisdiction in which they operate or by the department, and having a secure impoundment fucility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property. (b) Except as provided in subsection (d) of this Code section, the department shall have the authorization to regulate and control the towing of trespassing vehicles on private property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage frrms found to be in violation of this Code section. The department is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00.' '(f) It shall be unlawful and punishable by a fine of$! ,000.00 for any towing and storage frrm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private property to provide automatic or systematic surveillance of such property for purposes of removal and relocation of any such vehicle or trespassing personal property except upon call by such person in possession of such private property to such towing and storage firm for each individual case of trespass; provided, further, that it shall be unlawful and punishable by a fme of$1,000.00 for any towing and storage firm to pay to any private property owner or one in possession of private property any fee or emolument, directly or indirectly, for the right to remove a vehicle or trespassing personal property from said private property.' (2) By striking "superior liens or encumbrances but" and inserting in its place "superior liens or encumbrances, but" in subsection (c) of Code Section 44-3-232, relating to assessments against lot owners as constituting lien in fuvor of the property owners' association, additional charges against lot owners, procedure for foreclosing lien, and obligation to provide statement of amounts due.

Reserved.

SECTION 45.

Reserved.

SECTION 46.

Reserved.

SECTION 47.

SECTION 48. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows:

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(1) By striking"_ _ _ DISTRICT _ _ _" and inserting in its place"_ _ _, DISTRICT _ _ ," in the form in subsection (g) of Code Section 48-4-78, relating to identification ofproperties on which ad valorem taxes are delinquent, petition for tax fOreclosure, contents ofpetition, and notice. (2) By striking "division (1)(E)(iii) of this subsection," and inserting in its place "division (1)(E)(iii) of subsection (a) of this Code section," both times it appears in subsection (a.1) of 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. (3) By striking paragraph (10) of Code Section 48-7-1, relating to definitions in regard to income taxes, and inserting in its place the following:
'( 1O)(A) 'Resident' means: (i) Every individual who is a legal resident of this state on income tax day; (ii) Every individual who, though not necessarily a legal resident of this state, nevertheless resides within this state on a more or less regular or permanent basis and not on the temporary or transitory basis of a visitor or sojourner and who so resides within this state on income tax day; and (iii) Every individual who on income tax day has been residing within this state for 183 days or part-days or longer, in the aggregate, of the immediately preceding 365 day period.
(B) Every individual who, having become a resident of this state for income tax purposes under divisions (i) and (ii) of subparagraph (A) of this paragraph, is deemed to continue to be a resident of this state until the person shows to the satisfaction of the commissioner that he or she has become a legal resident or domiciliary of another state and that he or she does not come within division (iii) of subparagraph (A) of this paragraph. Upon such a showing with respect to any 12 month period immediately preceding income tax day, the person shall be taxable as a resident of this state only to the date ofbecoming a nonresident on an apportionment basis as prescribed in Code Section 48-7-85. (C) Every individual who becomes a resident of this state for income tax purposes under divisions (i) and (ii) of subparagraph (A) of this paragraph for the first time during the 12 month period immediately preceding income tax day and who does not otherwise come within division (iii) of subparagraph (A) of this paragraph shall be taxable as a resident only from the date of becoming a resident on an apportionment basis as prescribed in Code Section48-7-85.' (4)(A) By striking "January 1 2008," and inserting in its place "January 1, 2008," in division (a)(5)(A)(xi) of Code Section 48-7-27, as amended by Ga. L. 2004, p. 102, Sec. 1, relating to computation of taxable net income. (B) By striking "lump-sum distributions" and inserting in its place "lump sum distributions" in subparagraph (b)(1)(C) of Code Section 48-7-27, relating to computation oftaxable net income.

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(5) By striking "the the shift from" and inserting in its place "the shift from" in the introductory language of subsection (b) of Code Section 48-7-40.11, relating to tax credit for shift from ground-water usage. (6) By striking subsection (a) of Code Section 48-7-40.18, relating to tax credits for businesses headquartered in this state and full-time jobs, and inserting in its place the following:
'(a) Any business enterprise, as defined in Code Section 48-7-40, executing an agreement pursuant to subsection (a) of Code Section 48-7-31.1 for purposes of paragraph (1) of subsection (d) of Code Section 48-7-31 shall be allowed, beginning in the taxable year in which it establishes its headquarters in this state or relocates its headquarters to this state, a tax credit calculated in the same amounts and under the same principles as the credit established by Code Section 48-7-40.17. Except as otherwise provided in this Code section, the credit established by the Code section shall be subject to the same definitions, limitations, and carry-forward provisions as the credit established by Code Section 48-7-40.17; provided, however, that the term 'headquarters' means the principal central administrative office of such business enterprise; and provided, further, that for the first taxable year in which it is claimed, all or part of the credit established by this Code section may be applied against taxes imposed under this article for the taxable year immediately preceding that taxable year by amendment to a return or returns for such year: (7) By striking "29 U .S.C. section 213(a)(l), as such Act existed" and inserting in its place "29 U.S.C. Section 213(a)(l), as such act existed" in the undesignated text at the end ofparagraph (4) of subsection (a) of Code Section 48-7-40.24, relating to conditions fur taking job tax credit by business enterprises and calculating that credit. (8) By striking "act of God" and inserting in its place "acts of God" in subparagraph (a)(2)(B) of Code Section 4 8-7-40.25, relating to conditions for credit for business enterprises with existing manufacturing facilities and calculating that credit. (9) By striking "in this subsection (f))" and inserting in its place "in this subsection)" in subsection (f) of Code Section 48-7-42, relating to affiliated entity defmed, assignment of corporate income tax credit, carryover of unused credit, and joint and severable liability. (10) By deleting the quotation marks around "lookback period" in paragraph (4) of subsection (b) of Code Section 48-7-103, relating to quarterly, monthly, and jeopardy returns, tax payments, and forms in regard to current income tax payment. (II) By striking "tax exempt organization" and inserting in its place "tax-exempt organization" in paragraph (41) of Code Section 48-8-3, relating to exemptions from the state sales and use tax. (12) By striking "tax;" and inserting in its place "tax; and" at the end of paragraph (3) of subsection (b) and by inserting a colon after "apply to" at the end of the introductory language of subsection (c) of Code Section 48-8-6, relating to prohibition of political subdivisions from imposing various taxes, ceiling on local sales and use taxes, and taxation of mobile telecommunications.

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(13) By striking "administration;" and inserting in its place "administration; and" in paragraph (1) of subsection (a) and.by striking "period; or" and inserting in its place "period." in division (b)(2)(A)(i) of Code Section 48-8-115, relating to disbursement oftax proceeds. ( 14) By striking "Except as otherwise provided in subsection (b) of this Code section, the" and inserting in its place "The" in paragraph (2) of Code Section 48-8-206, relating to disbursement of proceeds of water and sewer projects and costs tax. ( 15) By striking ''petroleum gas or" and inserting in its place "petroleum gas, or" both times it appears in paragraph (8) of subsection (b) of Code Section 48-9-3, relating to levy of excise tax on motor fuels. (16) By striking ''boundaries of this state; and who:" and inserting in its place "boundaries of this state and who:" in paragraphs (3) and (8) of Code Section 48-11-1, relating to definitions in regard to taxes on tobacco products. (17) By striking "Georgia Administrative Procedures Act." and inserting in its place "Georgia Administrative Procedure Act." in subsection (f) of Code Section 48-11-4, relating to licensing of persons engaged in the tobacco business, initial and annual fee, suspension and revocation, registration and inspection of vending machines, bond by distributor, jurisdiction, and licensing of promotional activities. (18) By striking "As used in this subsection the term" and inserting in its place "As used in this subsection, the term" in subsection (d) of Code Section 48-11-19, relating to powers and duties of special agents and enforcement officers of the Department of Revenue, bond, duties following arrests, and retention of weapon and badge upon retirement. (19) By striking "air conditioning" and inserting in its place "air-conditioning" each time it appears in subsections (a), (b), and (c) of Code Section 48-13-29, relating to compliance by counties and municipalities with certain provisions, electronic or mail application process, payment offees, no establishment of system of permitting required, and plans or specifications by mail in regard to specific, business, and occupation taxes. (20) By striking "terms of three years" and inserting in its place "terms of office of three years" in paragraph ( 1) of subsection (b) of Code Section 48-13-56.1, relating to the Hotel Motel Tax Performance Review Board. (21) By inserting a semicolon after "machines" at the end of division (2)(A)(xviii) of Code Section 48-17-1, relating to definitions regarding the taxation of coin operated amusement machines.

Reserved.

SECTION 49.

SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking "paragraph (2) of subsection (a) of Code Section 50-16-180" and inserting in its place "paragraph (2) of Code Section 50-16-180" in subsection (a)

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ofCode Section 50-16-183, relating to procedure for acquisition ofpublic property by condemnation.

SECTION 51. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended as
follows: (1) By striking "For purposes of'' and inserting in its place "As used in" in subsection (a) of Code Section 51-1-29.4, related to liability of voluntary health care providers and sponsoring organizations, cumulative immunity, and application. (2) By striking "to viewers or listeners or" and inserting in its place "to viewers or listeners, or" in paragraph ( 1) and by striking "satellite transmission or" and inserting in its place "satellite transmission, or" in paragraph (2) of subsection (a) of Code Section 51-1-50, relating to immunity of broadcasters from liability for Levi's Call: Georgia's Amber Alert Program.

SECTION 52. Title 52 of the Official Code of Georgia Annotated, relating to waters ofthe state, ports, and watercraft, is amended as fullows: (1) By striking "near shore" and inserting in its place "nearshore" in paragraph (1) and by striking "provided, however" and inserting in its place "provided, however," in paragraph (2) of subsection (a) of Code Section 52-9-2, relating to disposal of sand and sediment originating from water navigation related projects.

Reserved.

SECTION 53.

SECTION 54. Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by The Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 2004 supplements to the Official Code of Georgia Annotated published under authority ofthe state in 2004 by LEXIS Publishing, are reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; 'title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial,

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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 2005 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.

SECTION 55. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except as otherwise provided in subsection (b) of this section.
(b)(1) Paragraph (7) of Section 20 of this Act shall become effective on July 1,2005. (2) Subparagraph (A) of paragraph (4) of Section 48 ofthis Act shall become effective on January 1, 2006.

SECTION 56. All laws and parts of laws in conflict with this Act are repealed.

Approved April 7, 2005.

CIVIL PRACTICE- CRIMINAL PROCEDUREREVENUE- ENACT CRIME VICTIMS RESTITUTION ACT OF 2005.
No. 20 (House Bill No. 172).
AN ACT
To enact the "Crime Victims Restitution Act of 2005" so as to substantially revise the laws of this state relating to the conduct of criminal trials and the impact of the criminal justice system on victims of crime; to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations in civil cases, so as to provide for a statute of repose in certain tort actions brought by

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victims of crimes against the persons accused of such crimes; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to victim impact statements; to codify certain common law procedures relating to the collection of fines and restitution in criminal cases which authorize a fine to be reduced to a judgment and recorded on the general execution docket; to provide that actions to collect fines and restitution may be instituted; to substantially revise the procedures for the award of restitution to victims of crime; to provide for defmitions; to provide for a hearing and burden of proof; to provide procedures for certain transfers of property to be set aside; to provide for a statute of limitations on a cause of action based upon a fraudulent transfer; to amend Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to definitions relating to setoff debt collection, so as to change the provisions relating to collection of restitution for victims of crime; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and may be cited as the "Crime Victims Restitution Act of2005."

SECTION 2. Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to tolling of limitations of actions, is amended by inserting a new Code Section 9-3-99 to read as follows:
'9-3-99. The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become fmal or otherwise terminated, provided that such time does not exceed six years:

SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking in its entirety Code Section 17-10-1.1, relating to judicial consideration of victim impact statements, and inserting in lieu thereof the following:
'17-10-1.1. (a) A prosecuting attorney bringing charges against a defendant shall notify, where practical, the alleged victim or, when the victim is no longer living, a member of the victim's family ofhis or her right to submit a victim impact form.

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(b)(1) A victim impact form shall identify the victim of the offense and the perpetrator. (2) A victim impact form may itemize any economic loss suffered by the victim as a result of the offense and may:
(A) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (B) Describe any change in the victim's personal welfure or familial relationships as a result ofthe offense; and (C) Contain any other information related to the impact of the offense upon the victim or the victim's family that the victim wishes to include. (c) The Prosecuting Attorneys' Council of Georgia shall establish forms which are designed to obtain the information specified by subsection (b) of this Code section. The Prosecuting Attorneys' Council of Georgia shall make copies of such form available to prosecuting attorneys in the state. It shall be the duty of the prosecuting attorney or his or her designee to make such forms available to crime victims. (d) The victim may complete a victim impact form and submit such form to the appropriate prosecuting attorney charged with the prosecution of the case. Ifthe victim is unable to do so bee ause of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact form on behalf of the victim. (e)( 1) If, prior to trial, the defendant engages in discussion with the prosecuting attorney for the purpose of reaching a plea agreement or other pretrial disposition ofhis or her case, the prosecuting attorney shall, upon the request of the defendant, provide the defendant with a copy of the victim impact form relating to the defendant's case within a reasonable time prior to such discussions. (2) If the prosecuting attorney intends to present information from a victim impact form to the court at any hearing at which sentencing or a determination of restitution will be considered by the court, the prosecuting attorney shall furnish a copy of the victim impact form to the defendant not less than five days prior to any such hearing. The defendant shall have the right to rebut the information contained in the victim impact form. (3) The court shall consider the victim impact form that is presented to the court prior to imposing a sentence or making a determination as to the amount of restitution. (f) If for any reason a victim was not allowed an opportunity to make a written victim impact statement, the victim may submit a victim impact statement to the State Board of Pardons and Paroles in any case prior to consideration of parole. (g) No sentence shall be invalidated because of fuilure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person.'

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SECTION 4. Said title is further amended by adding a new Code Section 17-10-20 at the end of Article 1, to read as follows:
'17-10-20. (a) In any case in which a fine or restitution is imposed as part of the sentence, such fme and restitution shall constitute a judgment against the defendant. Upon the request of the prosecuting attorney, it shall be the duty of the clerk of the sentencing court to issue a writ of fieri facias thereon and enter it on the general execution docket of the superior court of the county in which such sentence was imposed. Such fieri facias may also be entered on the general execution docket in any county in which the defendant owns real property.
rt: (b) in imposing sentence, the court sets a time certain for such fine or
restitution to be paid in full, no execution shall issue upon the writ of fieri facias against the property of the defendant until such time as the time set by the court for payment of the fme or restitution shall have expired. (c) Ifthe fine or restitution is not paid in full, such judgment may be enforced by instituting any procedure for execution upon the writ of fieri facias through levy, foreclosure, garnishment, and all other actions provided for the enforcement of judgments in the State of Georgia and in other states and foreign nations where such judgment is afforded full faith and credit under the Uniform Foreign Money Judgments Act or domestication thereof. (d) If the fine is not paid in full by the expiration of the time set by the court for payment of the fme, the governing authority of the county or municipality entitled to such fine may institute procedures to enforce such judgment as provided by subsection (c) of this Code section. (e) If the restitution is not paid in full by the expiration of the time set by the court for payment of the restitution, the prosecuting attorney or the victim entitled to receive such restitution may institute procedures to enforce such judgment as provided by subsection (c) of this Code section. (f) Notwithstanding the provisions of Code Section 9-12-60, a judgment entered on the general execution docket pursuant to this Code section shall not become dormant during any period when the defendant is incarcerated and for seven years thereafter. Such judgment shall be subject to revival in the same manner as provided for dormant judgments under Code Section 9-12-60. (g) No fees, costs, or other charges authorized by law in civil cases shall be charged by a clerk of superior court for entering a judgment arising out of a criminal case on the general execution docket or for any action brought by the state to enforce such judgment. (h) The provisions of this Code section shall be supplemental to any other provision of law applicable to the collection of fines or restitution in criminal cases.'

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SECTION 5. Said title is further amended by striking Article 1 of Chapter 14, relating to restitution, in its entirety and inserting in lieu thereof a new Article 1 to read as follows:
ARTICLE 1

17-14-1. It is declared to be the policy of this state that restitution to their victims by those found guilty of crimes or adjudicated as having committed delinquent acts is a primary concern ofthe criminal justice system and the juvenile justice system.

17-14-2. As used in this article, the term:
( 1) 'Conviction' means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state. Such term includes any such conviction or plea, notwithstanding the fuct that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudication or plea of a juvenile to the commission of an act which, if committed by an adult, would constitute a crime under the laws ofthis state. (2) 'Damages' means all special damages which a victim could recover against an offender in a civil action, including a wrongful death action, based on the same act or acts for which the offender is sentenced, except punitive damages and damages for pain and suffering, mental anguish, or loss of consortium. Such special damages shall not be limited by any law which may cap economic damages. Special damages may include the reasonably determined costs of transportation to and from court proceedings related to the prosecution ofthe crime. (3) 'Offender' means any natural person, firm, partnership, association, public or private corporation, or other legal entity that has been sentenced for any crime or any juvenile who has been adjudged delinquent. (4) 'Ordering authority' means:
(A) A court of competent jurisdiction; (B) The State Board ofPardons and Paroles; (C) The Department of Corrections; (D) The Department of Juvenile Justice; or (E) Any combination thereof, as is required by the context. (5) 'Parent' means a person who is the legal mother as defined in paragraph (10.2) of Code Section 15-11-2, the legal father as defined in paragraph (1 0.1) of Code Section 15-11-2, or the legal guardian. Such term shall not include a foster parent. (6) 'Relief means any parole or other conditional release from incarceration; the awarding of earned time allowances; reduction in security status; or

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placement in prison rehabilitation programs, including, but not limited to, those in which the offender receives monetary compensation. (7) 'Restitution' means any property, lump sum, or periodic payment ordered to be made by any offender or other person to any victim by any ordering authority. Where the victim is a public corporation or governmental entity or where the offender is a juvenile, restitution may also be in the form of services ordered to be performed by the offender. (8) 'Restitution order' means any order, decree, or judgment of an ordering authority which requires an offender to make restitution. (9) 'Victim' means any:
(A) Natural person or his or her personal representative or, if the victim is deceased, his or her estate; or (B) Any firm, partnership, association, public or private corporation, or governmental entity suffering damages caused by an offender's unlawful act; provided, however, that the term 'victim' shall not include any person who is concerned in the commission of such unlawful act as defined in Code Section 16-2-20.

17-14-3. (a) Subject to the provisions ofCode Section 17-14-10, notwithstanding the provisions contained in Chapter 11 of Title 15, and in addition to any other penalty imposed by law, a judge of any court of competent jurisdiction shall order an offender to make full restitution to any victim. (b) If the offender is placed on probation, including probation imposed pursuant to Chapter 11 of Title 15 or Article 3 of Chapter 8 of Title 42, or sentence is suspended, deferred, or withheld, restitution ordered under this Code section shall be a condition of that probation, sentence, or order. (c) If the offender is granted relief by the Department of Juvenile Justice, Department of Corrections, or the State Board of Pardons and Paroles, the terms of any court order requiring the offender to make restitution to a victim shall be a condition of such relief in addition to any other terms or conditions which may apply to such relief.

17-14-4. Notwithstanding any provision of Code Section 42-9-4 5 to the contrary, the State Board of Pardons and Paroles may grant parole prior to the completion of one-third of the sentence ifrestitution is ordered as a condition ofthe parole.

17-14-5. (a) It is declared to be the policy of this state to recognize that restitution is consistent with the goal of rehabilitation of delinquent juveniles and to provide restitution in such cases. (b) Notwithstanding any provision of Chapter 11 of Title 15, the juvenile courts shall order restitution in any case involving delinquent juveniles in the same manner as is authorized by this article for adult offenders.

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(c) For purposes of ensuring compliance with the restitution order, the juvenile courts are authorized to retain jurisdiction over a juvenile subject to such restitution order until the juvenile reaches 21 years of age. If the juvenile court retains jurisdiction of such offender as provided in this Code section and the terms of the restitution order are not completed before the offender's twenty-first birthday, the juvenile court shall transfer the restitution order to the superior court. (d) As an alternative to sub section (c) of this Code section, the juvenile courts are authorized to transfer to the superior courts, and the superior courts are authorized to accept, jurisdiction over enforcement of restitution orders against juveniles who, since entry of the order, have attained 18 years of age. (e) If the court determines that a juvenile is or will be unable to pay all of the restitution ordered, after notice to the juvenile's parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents to pay any portion of the restitution ordered that is outstanding where the court or a jury finds by clear and convincing evidence that the parent or parents knew or should have known of the juvenile's propensity to commit such acts and the acts are due to the parent's or parents' negligence or reckless disregard for the juvenile's propensity to commit such acts. Upon the eighteenth birthday of the juvenile, the parental obligation to pay restitution shall be terminated. (f) Ifthe court orders a parent to pay restitution under subsection (e) of this Code section, the court shall take into account the considerations identified in Code Section 17-14-10. If the parent or parents are required to pay restitution under subsection (e) of this Code section, the court shall provide for payment to be made in specified installments and within a specified period oftime.

17-14-6. (a) Where an offender has made total or partial restitution to a victim, the ordering authority shall set off any such amounts and reduce the amount payable to the victim. (b) The ordering authority shall not order restitution to be paid to a vic tim or victim's estate if the victim or victim's estate has received or is to receive full compensation for that loss from the offender as a result of a civil proceeding. (c) Any amount paid to a victim or victim's estate under a restitution order shall reduce the amount payable to a victim or a victim's estate by an award from the Georgia Crime Victims Compensation Board made prior to or after a restitution order under this article. (d) The ordering authority shall order restitution be paid to the Georgia Crime Victims Compensation Board, other governmental entities, or to any individuals, partnerships, corporations, associations, or other legal entities acting on behalf of a governmental entity that have compensated the victim or the victim's estate for a loss incurred by the victim to the extent of the compensation paid for that loss. The ordering authority shall also order restitution for the costs of services provided to persons or entities that have provided services to the victim as a

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result of the crime. Services that are subject to restitution under this subsection include, but are not limited to, shelter, food, clothing, and transportation. However, a restitution order shall require that all restitution to a victim or victim's estate under the restitution order be made before any restitution to any other person or entity under that restitution order is made. (e) In the event the ordering authority provides for a setoff or priority in terms of payment of restitution, the ordering authority shall state on the record with specificity the reasons for its action.

17-14-7. (a) Any offender may offer a restitution plan to the ordering authority. If a plan is offered, it shall be the duty of the ordering authority to consider the factors stated in Code Section 17-14-10 and to make the plan part of a restitution order if acceptable to the ordering authority. (b) If the parties have not agreed on the amount of restitution prior to sentencing, the ordering authority shall set a date for a hearing to determine restitution. Any dispute as to the proper amount or type of restitution shall be resolved by the ordering authority by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the state. The burden of demonstrating the financial resources of the offender or person being ordered to pay restitution and the financial needs of his or her dependents shall be on the offender or person being ordered to pay restitution. The burden of demonstrating such other matters as the ordering authority deems appropriate shall be upon the party designated by the ordering authority as justice requires. (c) Ifthe ordering authority finds that more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution to the victim's loss and economic circumstances of each offender. (d) If the ordering authority finds that more than one victim has sustained a loss requiring restitution by an offender, the court may provide for a different payment schedule for each victim based on the type and amount of each victim's loss and accounting for the economic circumstances of each victim. In any case in which the state or any of its political subdivisions is a victim and thus is due restitution, the ordering authority shall ensure that any other victim receives full restitution before the state or a political subdivision receives restitution. (e) A victim may waive his or her right to obtain restitution pursuant to this chapter. Any such waiver shall be made in writing and filed with the court or ordering authority having jurisdiction over the criminal case. Such waiver shall not affect any other rights or remedies that the victim may have against the offender under the laws of this state or the United States or any of the several states.

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17-14-8. (a) In any case in which a court sentences an offender to pay restitution and a fme, ifthe court permits the offender to pay such restitution and fine in other than a lump sum, the clerk of any superior court of this state, probation officer or parole officer, or other official who receives such partial payments shall apply not less than one-half of each payment to the restitution before paying any portion of such fine or any forfeitures, costs, fees, or surcharges provided for by law to any agency, department, commission, committee, authority, board, or bureau of state or local government. (b) The clerk of any court of this state, probation officer or parole officer, or other official who receives partial payments for restitution shall pay the restitution amount to the victim as provided in the restitution order not later than the last day of each month, provided that the amount exceeds $100.00. Ifthe amount does not exceed $100.00, the clerk of any court of this state, probation officer or parole officer, or other official may allow the amount of restitution to accumulate until such time as it exceeds $100.00 or until the end of the next calendar quarter, whichever occurs first.

17-14-9. The amount of restitution ordered shall not exceed the victim's damages.

17-14-10. (a) In determining the nature and amount of restitution, the ordering authority shall consider:
(1) The financial resources and other assets ofthe offender or person ordered to pay restitution including whether any of the assets are jointly controlled; (2) The earnings and other income ofthe offender or person ordered to pay restitution; (3) Any financial obligations of the offender or person ordered to pay restitution, including obligations to dependents; (4) The amount ofdamages; (5) The goal of restitution to the victim and the goal of rehabilitation of the offender; (6) Any restitution previously made; (7) The period of time during which the restitution order will be in effect; and (8) Other factors which the ordering authority deems to be appropriate. (b) If, subsequent to restitution being ordered pursuant to this article, a victim is convicted of a crime for which restitution is ordered, the ordering authority shall consider the previously ordered restitution as part of the fmancial resources of such victim.

17-14-11. An order for restitution shall not bar any civil action against the offender. However, any payments made by an offender to a victim under an order for restitution may be a setoff against any judgment awarded to the victim in a civil

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action based on the same facts for which restitution was ordered. The fact of restitution or a restitution order under this article shall not be placed before the jury on the issue ofliability. If the amount of restitution made is in dispute and liability is established, the court shall order further appropriate proceedings to determine the amount of setoff.

17-14-12. The ordering authority shall retain jurisdiction to modify a restitution order at any time before the expiration of the relief ordered.

17-14-13. (a) A restitution order shall be enforceable as is a civil judgment by execution as provided in Code Section 17-10-20. (b) If an offender or other person ordered to pay restitution willfully refuses to comply with a restitution order, the order, in the discretion of the court, may be enforced by attachment for contempt, upon the application of the prosecuting attorney or the victim. (c) Failure to comply with a restitution order may, in the discretion of the ordering authority, be grounds to revoke or cancel the relief at any time the restitution order is in effect. Where the relief is earned time allowances, the Department of Corrections may suspend the offender from earning earned time allowances for a specified period oftime.

17-14-14. (a) Payments pursuant to an order for restitution shall be made to the clerk of the court or to any other person, for the benefit of the victim or victims, as the ordering authority shall order. (b) In each case in which payment of restitution is ordered as a condition of probation or parole, the ordering authority may require any employed offender to execute a wage assignment to pay the restitution. (c) Until such time as the restitution has been paid or the sentence has been completed, the clerk of court or the probation or parole officer assigned to the case, whoever is responsible for collecting restitution, shall review the case not less frequently than twice yearly to ensure that restitution is being paid as ordered. If the restitution was ordered to be made within a specific period of time, the case shall be reviewed at the end of the specific period of time to determine if the restitution has been paid in full. The final review shall be conducted before the sentence or probationary or parole period expires. If it is determined at any review that restitution is not being paid as ordered, a written report of the violation shall be filed with the court on a form prescribed by the Council of Superior Court Clerks of Georgia. (d) If the ordering authority permits the offender to pay restitution in other than a lump sum, the ordering authority may require the offender to pay interest on the amount of restitution due the victim or the victim's estate. Such interest shall be set at the same rate as is provided by Code Section 7-4-12 for judgments.

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17-14-15. (a) Nothing in this article shall authorize peonage; and this article shall be construed and diligently administered to prevent peonage. (b) No offender shall be denied any benefit, relief; or privilege to which he or she might otherwise be entitled or eligible solely because he or she is financially unable and cannot become financially able to make restitution.

17-14-16. If an offender who is ordered to pay restitution under this article is remanded to the jurisdiction of the Department of Corrections or the Department of Juvenile Justice, the court shall.provide a copy ofthe restitution order to such department when the offender is remanded to such department's jurisdiction.

17-14-17. (a) The state or the victim of a crime may institute an action against an offender pursuant to Article 4 of Chapter 2 of Title 18, the 'Uniform Fraudulent Transfers Act,' to set aside a transfer of real, personal, or other property made voluntarily by the offender on or after the date of the crime committed by the offender against the victim with the intent to:
(1) Conceal the crime or the fruits of the crime; (2) Hinder, delay, or defraud any victim; or (3) Avoid the payment of restitution. (b) Any such action shall be filed within four years of the date the crime was committed.

17-14-18. If a person or entity entitled to restitution cannot be located or refuses to claim such restitution within two years after the date on which he or she could have claimed such restitution, the restitution paid to such person or entity shall be deposited in the Crime Victims Emergency Fund created pursuant to Chapter 15 of Title 17 or its successor fund. However, a person or entity entitled to such restitution may claim such restitution any time within five years of the date on which he or she could have claimed such restitution by applying in writing to Georgia Crime Victims Compensation Board. Upon receipt of such application and verification that the person making the claim is in fact entitled to such restitution, the Georgia Crime Victims Compensation Board shall pay such restitution to the person or entity.

17-14-19. This article shall not be construed to limit or abrogate any power of any court, agency, or board to place other conditions, limits, terms, rules, or regulations on any relief in the nature of suspension of sentence, probation, parole, pardon, or restoration ofrights.'

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SECTION 6. Said title is further amended by striking subsection (b) of Code Section 17-15-5, relating to the filing of victim compensation claims, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) A claim must be filed by the claimant not later than one year after the occurrence of the crime upon which such claim is based or not later than one year after the death of the victim; provided, however, that, upon good cause shown, the board may extend that time for filing for a period not exceeding three years after such occurrence. Claims shall be filed in the office of the board in person or by mail.'

SECTION 7. Code Section 48-7-161 of the Official Code of Georgia Annotated, relating to defmitions regarding setoff debt collection, is amended by striking subparagraphs (E) and (F) of paragraph (1) and inserting in lieu thereof new subparagraphs (E), (F), (G), and (H) to read as follows:
'(E) The Department of Labor with respect to the collection of debts arising under Code Sections 34-8-254 and 34-8-255 and Article 5 of Chapter 8 of Title 34, with the exception of Code Sections 34-8-158 through 34-8-161; provided, however, that the Department of Labor establishes that the debtor has been afforded required due process rights by such Department of Labor with respect to the debt and all reasonable collection efforts have been exhausted; (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 ofthe sentence imposed on a person convicted of a crime who is in the legal custody ofthe department; (G) The State Board of Pardons and Paroles with respect to restitution imposed on a person convicted of a crime and subject to the jurisdiction of the board; and (H) The Department of Juvenile Justice with respect to restitution imposed on a juvenile for a delinquent act which would constitute a crime if committed by an adult.'

SECTION 8. This Act shall become effective on July 1, 2005.

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Approved April 11, 2005.

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STATE GOVERNMENT- LABOR- STATE PROPERTY; SPACE MANAGEMENT; INVENTORY; STATE PROPERTY OFFICER.

No. 21 (Senate Bill No. 158).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for the comprehensive revision of provisions regarding state property; to provide for consolidation and effective management of the rental of administrative space and the acquisition, use, and disposition of real property by the state and state authorities; to repeal Article 2 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, the "State Space Management Act of 1976"; to provide for the transfer of powers, duties, and responsibilities of the commissioner of administrative services and the Department of Administrative Services regarding space management to the State Properties Commission; to change certain provisions relating to projects, composition, administrative assignment, powers, and duties of the Georgia Building Authority; to repeal Article 6 of Chapter 9 of Title 50 of the Official Code of Georgia Annotated, relating to inventory of state buildings; to change certain provisions regarding the composition, powers, duties, authority, and administrative assignment of the State Properties Commission; to provide for the transfer to the State Properties Commission of certain assets, contracts, leases, agreements, obligations, funds, and personnel of the commissioner of administrative services and the Department of Administrative Services; to provide for a state property officer and the powers, duties, and authority of such officer; to provide for powers, duties, and authority of the State Properties Commission with respect to inventory and management of administrative space; to provide for duties and responsibilities of state entities with respect to information compilation regarding state fucilities; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to repeal certain provisions regarding the lease of property; to amend Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, so as to change a cross-reference; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Article 2 of Chapter 5, the "State Space Management Act of1976," and inserting in its place a new Article 2 to read as follows:

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RARTICLE 2

50-5-30. Reserved.n

SECTION 2. Said title is further amended by striking paragraph (4) of Code Section 50-9-2, relating to definitions with respect to the Georgia Building Authority, and inserting in its place a new paragraph (4) to read as follows:
'(4) 'Project' means and includes one or a combination of two or more of the following: buildings and facilities intended for use as offices and related uses and all structures, including electric, gas, steam, and water utilities and facilities of every kind and character deemed by the authority necessary or convenient for the efficient operation of any department, board, commission, or agency of the state. Without limiting the foregoing and without further determination of necessity or convenience, the word 'project' also means and includes public parks and public parking facilities adjacent to the state capitol other than the facilities within or connected to state owned or state leased buildings; a parking facility on the 'Old Incinerator' site acquired in 1983 by the State of Georgia from the City of Atlanta in Fulton County, Georgia; an executive mansion and buildings, structures, and facilities of every kind and character for use in conjunction with the mansion regardless of whether the buildings, structures, and facilities are physically connected with such mansion; and a Department of Transportation laboratory and buildings, structures, and facilities of every kind and character for use in conjunction with the laboratory, regardless ofwhether the buildings, structures, and facilities are physically connected with the laboratory, provided that the buildings, structures, and facilities are built and constructed on property owned by the Department of Transportation at Forest Park, Georgia.'

SECTION 3. Said title is further amended by striking Code Section 50-9-3, relating to the creation of the Georgia Building Authority, and inserting in its place a new Code Section 50-9-3 to read as follows:
'50-9-3. There is created a body corporate and politic to be known as the Georgia Building Authority which shall be deemed to be an instrumentality of the state and a public corporation, and by that name, style, and title the body may contract and be contracted with, implead and be impleaded, and bring and defend actions in all courts. The authority shall consist ofthe same persons who comprise the State Properties Commission. Each member shall serve under the same terms and conditions as provided for in Code Section 50-16-32. The state property officer appointed by the Governor pursuant to Code Section 50-16-35 shall serve as executive director of the authority. The authority shall make rules and regulations for its own government. It shall have perpetual existence. Any

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change in name or composition of the authority shall in no way affect the vested rights of any person under this article and Article 2 of this chapter nor impair the obligations of any contracts existing under this article and Article 2 of this chapter.'

SECTION 4. Said title is further amended by striking Code Section 50-9-4, relating to the assignment of the Georgia Building Authority for administrative purposes, and inserting in its place a new Code Section 50-9-4 to read as follows:
'50-9-4. The authority is assigned to the State Properties Commission for administrative purposes only as prescribed in Code Section 50-4-3:

SECTION 5. Said title is further amended by striking Code Section 50-9-5, relating to the general powers of the Georgia Building Authority, and inserting in its place a new Code Section 50-9-5 to read as follows:
'50-9-5. The authority shall have the powers:
(I) To have a seal and alter the same at pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, in accordance with any and all laws applicable to the condemnation ofproperty for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or disposal of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this chapter except from the funds provided under the authority of this chapter; and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the action or proceeding as may be just to the authority and to the owners of the property to be condemned. No property shall be acquired under this chapter upon which any lien or other encumbrance exists unless at the time such property is so acquired a sufficient sum of money is deposited in trust to pay and redeem the fair value of the lien or encumbrance; and if the authority shall deem it expedient to construct any project on lands which are a part of the real estate holdings of the state, the Governor is authorized to execute for and on behalf of the state a lease of the lands to the authority for such parcel or parcels as shall be needed for a period not to exceed 50 years. If the authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the state, the

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Governor is authorized to convey, for and in behalf of the state, title to such lands to the authority; (4) To appoint and select officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys, and fix their compensation and to serve as financial adviser and agent to other state authorities; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to any department, board, commission, agency, or appellate court of the state to enter into contracts and lease agreements for the use or concerning the use of any structure, building, or facilities or a combination of any two or more structures, buildings, or facilities of the authority for a term not exceeding 50 years; and any department, board, commission, or agency ofthe state may obligate itself to pay an agreed sum for the use of the property so leased and also to obligate itself as part of the lease contract to pay the cost of maintaining, repairing, and operating the property leased from the authority; (6) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as defined in Code Section 50-9-2, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority or from such proceeds and any grant from the United States or any agency or instrumentality thereof; (7) To accept loans or grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof upon such terms and conditions as the United States or the agency or instrumentality may impose; (8) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose and to provide for the payment of the same and for the rights of the holders thereof; (9) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this state; and (10) To do all things necessary or convenient to carry out the powers expressly given in this chapter.'

SECTION 6. Said title is further amended by repealing in its entirety Article 6 of Chapter 9, relating to the inventory of state buildings which reads as follows:

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'ARTICLE 6

50-9-110. As used in this article, the term:
(1) 'Authority' means the Georgia Building Authority. (2) 'State' means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities. (3) 'State building' means a building owned by the state or under the custody or control of the state or insured by the program of self-insurance established under Code Sections 50-16-8 through 50-16-ll. (4) 'State entity' means either of the entities listed in paragraph (2) of this subsection.

50-9-111. (a) Beginning July I, 1999, each state entity shall compile information on all state buildings under the custody or control of such state entity necessary for the compilation of an inventory of all state owned or leased buildings; provided, however, that all improvements acquired for public works that will ultimately be disposed of are excluded from the requirements of this article. On or before October I, 1999, and as changes occur, but by no later than such date annually, each state entity shall send such information to the authority. The authority shall compile the information in an electronic format and produce a report to the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives and to the chairperson of the Finance and Public Utilities Committee of the Georgia Senate. (b) The inventory shall be accomplished by the completion of a form for each state building under the custody or control of such state entity. The form shall be designed and promulgated by the authority. (c) The inventory required by subsection (a) of this Code section shall include, as a minimum, the following:
(I) The name of the building or another description identifYing the building; (2) The location ofthe building; (3) The name of the building manager or, in the case of a state building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's building manager; (4) The square footage ofthe building; (5) Information as to whether such building is currently in use by the state entity or is being leased to a private tenant by such state entity; (6) The nature ofthe use ofthe building at the time inventory is made; (7) Estimation ofthe building's fair market value or replacement value at the time inventory is made, and if the building is leased to a private tenant who is

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responsible for the operation of the building, an estimation of the fair market value of the building at the time the lease agreement was executed; (8) Information on major building components, such as electrical, mechanical, structural, roof, elevators, escalators, underground storage tanks, emergency generators, boilers, and life safety systems, and their estimated expected life; (9) Information on the age of the building and its historic significance, if any; (10) Information on the accessibilityofthe building and grounds; (11) Information on energy consumption and utility connections and usage; and (12) Other information required by the authority, the chairperson of the State Institutions and Property Committee of the Georgia House of Representatives, or the chairperson of the Finance and Public Utilities Committee of the Georgia Senate:

SECTION 7. Said title is further amended by adding a new paragraph immediately following paragraph (1) of Code Section 50-16-3 1, relating to the definitions regarding the State Properties Code, to be designated paragraph (1.1), to read as follows:
'( 1.1) 'Administrative space' means any space, whether existing or to be constructed, that is required by a state entity for office, storage, or special purposes and that is required for the core mission of such state entity. In order to be required, the space must be necessary for and utilized in either:
(A) The performance of the duties that the state entity is obligated by law to perform; or (B) The delivery of the services that the state entity is authorized or required by law to provide.'

SECTION 8. Said title is further amended by adding a new paragraph immediately following paragraph (3) of Code Section 50-16-3 1, relating to the defmitions regarding the State Properties Code, to be designated paragraph (3 .1 ), to read as follows:
'(3.1) 'Entities' or 'entity' means any and all constitutional offices, as well as all authorities, departments, divisions, boards, bureaus, commissions, agencies, instrumentalities, or institutions ofthe state.'

SECTION 9. Said title is further amended by striking Code Section 50-16-32, relating to creation, membership, and organization of the State Properties Commission, and inserting in its place a new Code Section 50-16-32, to read as follows:
'50-16-32. (a) There is created within the executive branch of state government a public body which shall be known as the State Properties Commission and which shall consist of seven members and be composed of the Governor; the Secretary of State; the state accounting officer; one citizen appointed by the Governor for terms ending on April 1 in each odd-numbered year; the director of the Office of

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Treasury and Fiscal Services; one citizen appointed by the Speaker of the House of Representatives for terms ending on April 1 in each odd-numbered year; and one citizen appointed by the Lieutenant Governor for terms ending on April 1 in each odd-numbered year. The term of office of the appointed members of the commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairperson of the commission, the state accounting officer shall be its vice chairperson, and the Secretary of State shall be its secretary. Four members of the commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exercise the powers and perform the duties of the commission. With the sole exception of acquisitions of real property, which acquisitions shall require four affirmative votes of the membership of the commission present and voting at any meeting, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote ofthe commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected, or serve on the commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be in either the legislative or judicial branch of government, the General Assembly declares that it would have passed this article without such ex officio position on the commission and would have reduced the quorum and vote required of the commission on all actions accordingly. (c) Meetings shall be held on the call ofthe chairperson, vice chairperson, or two commission members whenever necessary to the performance of the duties of the commissiOn. Minutes or transcripts shall be kept of all meetings of the commission and in the minutes or transcripts there shall be kept a record of the vote of each commission member on all questions, acquisitions, transactions, and all other matters coming before the commission. The secretary shall give or cause to be given to each commission member, not less than three days prior to the meeting, written notice of the date, time, and place of each meeting of the commission. (d) The commission shall adopt a seal for its use and may adopt bylaws for its internal government and procedures. (e) Members of the commission who are also state officials shall receive only their traveling and other actual expenses incurred in the performance of their official duties as commission members. Citizen members shall receive the same expense allowance per day as that received by a member of the General Assembly for each day any such member of the commission is in attendance at a meeting or carrying out official duties of the commission inside or outside the state, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile inside or

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outside the state while attending meetings or carrying out their official duties as members of the commission. (f) The commission shall receive all assets of and the commission shall be responsible for any contracts, leases, agreements, or other obligations of the Department of Administrative Services under the former provisions of Article 2 of Chapter 5 of this title, the 'State Space Management Act of 1976.' The commission is substituted as a party to any such contract, agreement, lease, or other obligation and the same responsibilities respecting such matters as if it had been the original party and is entitled to all prerogatives, benefits, and rights of enforcement by the commissioner of administrative services and Department of Administrative Services. Appropriations and other funds of the Department of Administrative Services encumbered, required, or held for functions transferred to the commission shall be transferred to the commission as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred. Personnel, equipment, and facilities previously employed by the Department of Administrative Services for such transferred functions shall likewise be transferred to the commission. Upon the effective date of this Code section, all personnel positions authorized by the Department of Administrative Services in fiscal year 2006 for such functions shall be transferred to the commission, and all employees of the department whose positions are transferred by the Department of Administrative Services to the commission shall become employees of the commission in the unclassified service as defined by Code Section 45-20-6.'

SECTION 10. Said title is further amended by striking Code Section 50-16-33, relating to assignment of the State Properties Commission to the Department of Administrative Services, and inserting in its place a new Code Section 50-16-3 3 to read as follows:
'50-16-33. Reserved.'

SECTION 11. Said title is further amended the striking paragraph (17) of Code Section 50-16-34, relating to the providing or performing of acquisition related services to or for state agencies, state authorities, and other instrumentalities of the state, and inserting in its place a new paragraph (17) of Code Section 50-16-34 to read as follows:
'(17) Provide or perform acquisition related services to or for all state entities:

SECTION 12. Said title is further amended by striking subsection (a) of Code Section 50-16-35, relating to the employment of personnel by the State Properties Commission and the authority and duties of the executive director, and inserting in its place a new subsection (a) to read as follows:
'(a)(l) The Governor shall appoint a state property officer who shall serve as the executive director of the commission. The state property officer shall:

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(A) Advise the Governor on opportunities to achieve the goal of state-wide real property management; (B) Develop policies and procedures fur state-wide real property management; (C) Maintain a state-wide real property management system that has consolidated real property, building, and lease information for state entities; (D) Develop and maintain a centralized repository of comprehensive space needs for all state entities including up-to-date space and resource utilization, anticipated needs, and recommended options; (E) With the advice and counsel of state entities, board members, and industry groups, provide state-wide policy leadership, recommending legislative, policy, and other similar changes and coordinating master planning to guide and organize capital asset management; (F) As needed, secure portfolio management expertise to accomplish the desired policy outcomes; (G) Seek the cooperation of all state entities to increase the effectiveness of the portfolio management approach; and (H) Provide assistance to all entities in achieving space and real property reporting requirements, in accordance with state law, in the acquisition and disposition of real property and leases, and in evaluating compliance and operational practices. (2) The commission is authorized to employ such other employees, on either a full-time or part-time basis, as may be necessary to discharge the duties ofthe commission. The executive director shall supervise and conduct the activities ofthe commission under the commission's direction. Unless the commission or chairperson otherwise directs, the executive director may execute and attest on behalf of the commission any instrument in furtherance of an activity authorized by the commission. Unless the commission, chairperson, or secretary otherwise instructs, the executive director may report the minutes of the commission, keep and affix its seal, attest its instruments, and keep and certify its records:

SECTION 13. Said title is further amended by striking Code Section 50-16-38, relating to the acquisition by all state agencies of real property through the State Properties Commission, the procedure for handling acquisition requests, and funds for acquisitions, and inserting in its place a new Code Section 50-16-3 8, to read as follows:
'50-16-38. (a) Except for all acquisitions of real property by the Department of Transportation and the Board of Regents of the University System of Georgia, and except for the Department of Natural Resources acquiring by gift parcels of real property, not exceeding three acres each, to be used for the construction and operation thereon of boat-launching ramps, and except fur acquisitions of real property by the Department of Technical and Adult Education in connection with

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student live work projects funded through moneys generated as a result of the sale of such projects, donations, or student supply fees, and except for acquisitions of real property by the commission resulting from transfers of custody and control of real property to the commission by executive order of the Governor or by Act or resolution of the General Assembly, and except as otherwise provided by law, and except as otherwise required by the nature of the transaction conveying real property to the state or any entity thereof:
(1) All state entities shall acquire real property through the commission; and (2) The title to all real property acquired shall be in the name of the state, except for state authorities which shall hold title in their own name. The conveyance shall have written or printed in the upper right-hand corner of the initial page thereof the name of the state entity for which acquired who is the custodian thereof. (b) The commission is authorized to establish, and amend when the commission deems it necessary, a procedure to facilitate the handling by the commission of requests for acquisition of real property. (c) The state entity requesting acquisition of real property shall provide all of the funds necessary to acquire the real property.'

SECTION 14. Said title is further amended by striking Code Section 50-16-41, relating to rental agreements without competitive bidding authorized and limitations, and inserting in its place a new Code Section 50-16-41, to read as fullows:
'50-16-41. (a) Notwithstanding any provisions and requirements oflaw to the contrary and particularly notwithstanding the requirements of Code Section 50-16-39, the commission is authorized to negotiate, prepare, and enter into in its own name rental agreements whereby a part of the property is rented, without pub lie competitive bidding, to a person for a length of time not to exceed one year and for adequate monetary consideration (in no instance to be less than a rate of $250.00 per year), which shall be determined by the commission, and pursuant to such terms and conditions as the commission shall determine to be in the best interest of the state. The same property or any part thereof shall not be the subject matter of more than one such rental agreement to the same person unless the commission shall determine that there are extenuating circumstances present which would make additional one-year rental agreements beneficial to the state; provided, however, the same property or any part thereof shall not after April 24, 1975, be the subject matter of more than a total of three such one-year rental agreements to the same person. (b) The commission is given the authority and charged with the duty of managing the utilization of administrative space by all state entities, except that the Board of Regents of the University System of Georgia and the Georgia Department of Labor may manage their own space but only for leases that are within the State of Georgia and required for their core mission. The commission shall manage in a manner that is the most cost efficient and operationally

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effective and which provides decentralization of state government. Such management shall include the authority to assign and reassign administrative space to state entities based on the needs of the entities as determined by standards for administrative space utilization promulgated by the commission pursuant to subsection (g) of this Code section and shall include the obligation to advise the Office of Planning and Budget and state entities of cost-effective, decentralized alternatives. (c) The management of the utilization of administrative space by the commission shall include entering into any necessary agreements to rent or lease administrative space, whether existing or to be constructed, and shall include administrative space rented or leased by a state entity from the Georgia Building Authority or from any other public or private person, firm, or corporation. When it becomes necessary to rent or lease administrative space, the space shall be rented or leased by the commission and assigned to the state entity or entities requiring the space. (d) If the commission reassigns all or any portion of any administrative space which is leased or rented by one state entity to another state entity, the state entity to which the administrative space is reassigned shall pay to the commission rental charges, as determined by the commission, for the utilization of the space; and the commission shall, in turn, use the rental charges so paid for the purpose of paying or partially paying, as the case may be, the rent or lease payments due the lessor ofthe administrative space in accordance with the terms of the lease or rent contract existing at the time of the reassignment of the administrative space. Any such payments to a lessor by the commission shall be on behalf of the state entity which is the lessee of the administrative space reassigned as provided in this Code section. (e) The management of the utilization of administrative space given to the commission by this Code section shall not be construed to impair the obligation of any contract executed before July 1, 1976, between any state entity and the Georgia Building Authority or between any state entity and any other public or private person, firm, or corporation; and the powers given to the commission by this Code section shall not be implemented or carried out in such a manner as to impair the obligation of any such contract. (f) The commission is authorized and directed to develop and promulgate standards governing the utilization of administrative space by all state entities which require emphasis on cost effectiveness and decentralization. The standards shall be uniformly applied to all state entities except as otherwise provided by subsection (g) of this Code section, but the standards shall recognize and provide for different types of administrative space required by the various state entities and the different types of administrative space that may be required by a single state entity. (g) The commission shall be authorized to reassign administrative space to the various state entities in order to bring the utilization of administrative space into conformity with the standards promulgated under subsection (f) of this Code section. Any additional administrative space required by a state entity shall be

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approved by and obtained through the commission. The commission shall be authorized to grant exceptions to the standards governing the utilization of administrative space when the reassignment of such space would involve unnecessary expenses or the disruption of services being provided by a state entity. The commission shall adopt and promulgate rules and regulations governing the granting of such exceptions, and the rules and regulations shall be uniformly applied by the commission to all state entities requesting an exception to the standards. (h) For purposes of cost effectiveness and decentralization, the following :factors, among other factors, shall be considered:
(1) Dual location ofprograms within a city should be considered in order to take advantage of possible economies of scale and as a matter of convenience to the general public; or (2) When all fuctors are reasonably equivalent, preferences will be given to location of state government programs and :facilities in those counties which are determined by the Department of Community Af:fu.irs to be the most economically depressed, meaning those 71 tier l counties of the state designated as least developed under paragraph (2) ofCode Section 48-7-40. (i) The commission is authorized and directed to promulgate rules and regulations governing budgetary requirements fur administrative space utilized by state entities in cooperation with the Office of Planning and Budget whereby the entities shall be accountable in the budgetary process for administrative space assigned to and utilized by them. The budgetary requirements may provide for the payment of rent to the commission by state entities or may otherwise provide procedures for the assessment of rent charges for administrative space utilized by state entities or any combination of the foregoing. U) In addition to the standards and rules and regulations specifically provided for by this Code section, the commission is authorized to adopt such other rules and regulations as may be required to carry out this Code section efficiently and effectively.'

SECTION 15. Said title is further amended by striking Part l of Article 6 of Chapter 16, relating to inventory of real property, and inserting in its place a new Part l to read as follows:

'Part 1

50-16-120. As used in this part, the term:
(1) 'Entities' or 'entity' means any and all constitutional offices, as well as all authorities, departments, divisions, boards, bureaus, commissions, agencies, instrumentalities, or institutions ofthe state. (2) 'Real property' means any improved or unimproved real property owned by the state and under the jurisdiction of any state entity.

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(3) 'State' means the State of Georgia and any of its offices, agencies, authorities, departments, commissions, boards, divisions, instrumentalities, and institutions but does not include counties, municipalities, school districts, other units of local government, hospital authorities, or housing and other local authorities. (4) 'State fucility' means a building owned by the state or under the custody or control of the state or insured by the program of self-insurance established under Code Sections 50-16-8 through 50-16-11. (5) 'State lease' means a lease or rental agreement entered into by a state entity for a defmite period of time for the use by a state entity of real property or facilities or a lease of state real property or state facilities by a state entity for use by another party.

50-16-121. (a) All state entities are directed to maintain at all times a complete current inventory of real property under their jurisdiction. The inventory shall be accomplished by the completion of a form, substantially as follows, for each parcel ofreal property held by such departments and public corporations:

REAL PROPERTY INVENTORY

Date: (Date form completed)
(I) State Entity: (Board, bureau, commission, department, official, or other agency)
(2) Grantor:-------------------- (Exactly as it appears on instrument)
(3) Grantee: (Exactly as it appears on instrument)
(4) Date ofinstrument: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (5) Acreage: (6) Records, office of the clerk, Superior Court _ _ _ _ County (a) Deed Book ___ Folio _____ (b) Plat or Map Book ___ Folio _ __ (7) Location of property: County _ _ _ _ City _ _ _ _ Street address, if applicable, and if not, brief directions to property

(8) Type of instrument: (a) Warranty deed ( ), (b) Quitclaim deed ( ), (c) Eminent domain, deed executed (),(d) Trustee's deed ( ), (e) Administrator's or Executor's deed ( ), (f) Simple deed, no warranty ( ), (g) Lease ( ), (h) Use permit ( ), (i) Resolution of General Assembly ( ), (j) Deed of gift ( ). (9) Kind of conveyance: (a) Fee simple ( ), (b) Other ( ), state terms and conditions (10) If acquired by eminent domain by court order and no deed was executed: (a) Name ofprincipal defendant_________________, (b) Case number ___,(c) Date offinaljudgment ___________

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( 11) Location of original deed (12) Ispropertysurplus?_ _ __ (13) Purchase price ofproperty (14) Purchased with (a) State funds? ____, (b) Federal funds? (Show percent state & federal) (15) Estimated present value: (a) Land _ _ _ _ _ _ _ (b) Improvements

(16) Insured for:$_ _ _ _ w i t h - - - - - - - - - - - - - - - Ins. Co.

(17) Presentuse_ _ __

Name ofperson completing form

Title

Signature

(b) The inventory required by subsection (a) of this Code section shall be

maintained current at all times. It shall be the duty of each state entity to file a

duplicate of the inventory with the State Properties Commission; and the State

Properties Commission shall compile and index all such inventories into a single

complete inventory of all real property, but the State Properties Commission shall

maintain separate files on the property belonging to the public corporations. It

shall be the further duty of each state entity to file with the State Properties

Commission a duplicate of each form or other document, as provided in

subsection (c) of this Code section, completed by such state entity in maintaining

the inventory of the entity current; and the State Properties Commission shall

utilize such forms or other documents to maintain the complete inventory of all

real property current.

(c) The State Properties Commission is authorized to devise such forms or other

documents as may be necessary to keep the complete inventory of real property

current; and it shall be the duty of each state entity to utilize such forms and

documents as directed by the State Properties Commission.

(d) The real property inventory form provided in subsection (a) of this Code

section shall be completed for each parcel of real property acquired by each state

entity. The furm shall be completed within 30 days after the acquisition of any

real property and a duplicate of same shall be forwarded to the State Properties

Commission.

50-16-122. (a) As used in this Code section, the term 'real property' means any real property owned by the state and under the custody of any state entity, except public road, street, and highway rights of way and other real property held by the Department ofTransportation pursuant to Ga. L. 1919, p. 242, art. 5, Section 5, as amended byGa.L.1922,p.176, Section 1; Ga.L.1939,p. 188,Section 1;Ga.L. 1945, p. 258, Section 1; and Ga. L. 1953, Jan.-Feb. Sess., p. 421, Section 1. (b) All real property, the ownership of which is either acquired or disposed of by the state or any state entity thereof after March 30, 1990, shall be subject to the following requirements:
(1) The original of any conveyance acquiring real property shall be filed in the office of the State Properties Commission within 30 days after being recorded

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in the office of the clerk ofthe superior court of the county or counties wherein the real property is located. When the conveyance is presented to the State Properties Commission for filing, it shall be accompanied by four copies of the recorded plat of the real property conveyed. The State Properties Commission shall index and aff'JX both the commission's stamp and the assigned real property inventory number on the recorded original of the conveyance and all copies of the recorded plat and shall retain the recorded original of the conveyance and two copies of the recorded plat as a part of the permanent real property inventory records kept by such commission; but an exact copy of the recorded original of the conveyance shall be produced by the State Properties Commission and, along with a copy of the recorded plat, forwarded by such commission to the state entity acquiring the real property; (2) When real property is acquired by eminent domain and is conveyed to the state by court order or judgment, following recording of the court order or judgment in the deed book records in the office of the clerk of the superior court of the county or counties wherein the real property is located, a certified copy of the recorded court order or judgment, along with fuur copies of the recorded plat of the real property conveyed, shall be filed in the office of the State Properties Commission. The State Properties Commission shall index and affix both the commission's stamp and the assigned real property inventory number on the certified copy ofthe recorded court order or judgment and all copies of the recorded plat and shall retain the certified copy and two copies of the recorded plat as a part of the permanent real property inventory records kept by such commission; but an exact copy of the certified copy of the recorded court order or judgment shall be produced by the State Properties Commission and, along with a copy of the recorded plat, furwarded by such commission to the state entity acquiring the real property;
(3)(A) The original of any fully executed conveyance disposing of real property, except an Act or Resolution Act of the General Assembly, shall be filed in the office ofthe State Properties Commission before being delivered to the purchaser thereoffor recording in the office of the clerk ofthe superior court of the county or counties wherein the real property is located. When the conveyance is presented to the State Properties Commission for filing, it shall be accompanied by four copies of the plat of the real property conveyed. Though it is encouraged, it is not required that the plat be either already recorded in or eligible to be recorded in the plat book records in the office of the clerk of the superior court of the county or counties wherein the real property is located. The commission shall index and affix both the commission's stamp and the assigned real property inventory number on the original of the conveyance and all copies of the plat. The State Properties Commission shall then cause the conveyance to be duplicated. The duplicate of the conveyance and two copies ofthe plat shall be retained by the State Properties Commission as a part of the permanent real property inventory records kept by such commission. The original of the conveyance and a copy of the plat shall be delivered to the purchaser of the real property.

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Upon receiving the original of the conveyance and a copy of the plat, the purchaser of the real property may then have the original of the conveyance and, if necessary and eligible for recording, the copy of the plat recorded in the office of the clerk of the superior court of the county or counties wherein the real property is located. (B) The General Assembly may vary or authorize the variance of the requirements of subparagraph (A) of this paragraph in any enactment, including an Act or Resolution Act, authorizing or directing a disposition of real property; and (4) When real property is conveyed by an Act or Resolution Act of the General Assembly, the State Properties Commission shall obtain from the office of the Secretary of State a certified copy of the Act or Resolution Act and retain the same as a part of the permanent real property inventory records kept by such commission. As a part of such retention, the State Properties Commission shall index and affix both the commission's stamp and the assigned real property inventory number on the certified copy of the Act or Resolution Act. (c) The documents which are required to be maintained by the State Properties Commission as a part of the permanent real property inventory records kept by such commission, as provided by paragraphs (2) through (5) of subsection (b) of this Code section, shall be used by the State Properties Commission in such manner as it shall determine best in maintaining the real property inventory.

50-I6-I23. A copy of all conveyances for the acquisition and disposition of real property held or owned by any state entity shall be filed with the State Properties Commission within 30 days after the conveyance in an acquisition has been recorded in the office of the clerk of the superior court in the county in which the land is located and within 30 days after the conveyance in a disposition has been dated, executed, and delivered. When real property is acquired by condemnation by any state entity, a certified copy of the court order vesting title in such state entity shall be filed with the State Properties Commission within 30 days after the date ofthe court order.

50-I6-I24. Beginning July I, 2005, each state entity shall compile information on all state facilities, real property, and state leases under the custody or control of such state entity necessary for the compilation of an inventory of all state owned or leased facilities and real property; provided, however, that all improvements acquired for public works that will ultimately be disposed of are excluded from the requirements of this part. On or before October I, 2005, and as changes occur, but by no later than such date annually, each state entity shall send such information to the commission. The commission shall develop the format for the compilation and reporting of the inventory.

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50-16-125. The State Properties Commission is authorized and directed to promulgate such rules and regulations as may be necessary to carry out this part, provided such rules and regulations are not in conflict with this part.'

SECTION 16. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking Code Section 34-8-90, relating to authority of the Commissioner of Labor to lease property, and inserting in its place a new Code Section 34-8-90 to read as follows:
'34-8-90. Reserved.'

SECTION 16A. Code Section 50-16-43 of the Official Code of Georgia Annotated, relating to leasing of state owned lands, is amended by striking paragraph (1) of subsection (j) and inserting in its place a new paragraph (1) to read as follows:
'( 1) A written request for a lease and a locational, dimensional, and directional sketch or a plat of survey of the proposed lease premises, prepared at the sole cost and expense of the person requesting the lease, in form and content acceptable to and approved by the commission, and showing and describing thereon the lease premises of the lease, must be received by the commission detailing therein the reason and all the particulars for the request and outlining the purpose and use to be made of any and all products derived from such dredging. If a sketch is submitted to and is approved and accepted by the commission, paragraph (3) of subsection (b) of Code Section 50-16-122, relating to the requirement of the ftling with the Secretary of State of a plat of survey with a conveyance disposing of real property, shall be relaxed; and the Secretary of State in such a transaction shall accept in lieu of the required plat of survey the sketch which was approved and accepted by the commission;'

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Approved Aprill2, 2005.

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STATE GOVERNMENT- PUBLIC OFFICERSHIGHWAYS -STATE PURCHASING; TECHNOLOGY; AUTOMOBILES; INVENTORY RECORDS.

No. 22 (House Bill No. 312).

AN ACT

To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, and Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for the substantial revision and transfer of certain powers, duties, and authority of the Department of Administrative Services, the Georgia Technology Authority, the Office of Planning and Budget, the Board of Regents of the University System of Georgia, the Department of Agriculture, the Department of Veterans Service, and the state accounting officer; to change certain provisions regarding the establishment, powers, purchasing authority, procedures, and limitations and vendor qualification of the Georgia Technology Authority; to change certain provisions regarding powers, purchasing personnel, competitive bidding, emergency purchasing, and prohibited practices with respect to the Department of Administrative Services; to provide for additional powers of the Office ofPlanning and Budget regarding motor vehicles; to change certain provisions regarding the Department of Administrative Services with respect to state vehicles; to change certain provisions regarding automobile purchases by the Department of Agriculture; to change certain provisions regarding automobile purchases by the Department ofVeterans Service; to change certain provisions regarding state purchasing of motor vehicles; to change certain provisions regarding certain transporting of campaign literature; to change certain provisions regarding criminal penalties for violations relating to purchase or use of automobiles; to change certain provisions regarding unserviceable property; to change certain provisions regarding surplus equipment and property; to change certain provisions regarding property inventory records; to provide for additional authority of the Department of Administrative Services and the state accounting officer regarding inventory audits; to amend Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation regarding contracts, so as to provide for additional limitations; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended in Code Section 50-25-l, relating to the establishment of the Georgia

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Technology Authority, by striking the introductory language of subsection (c) preceding paragraph ( 1) thereof and inserting in its place the following:
'(c) The purpose of the authority shall be to provide for technology enterprise management and technology portfolio management as defined in this chapter, as well as the centralized marketing, provision, sale, and leasing, or execution of license agreements for access on line or in volume, of certain public information maintained in electronic format to the public, on such terms and conditions as may be determined to be in the best interest of the state in light of the following factors:'

SECTION 2. Said title is further amended by striking Code Section 50-25-4, relating to powers of the Georgia Technology Authority, and inserting in its place a new Code Section 50-25-4 to read as follows:
'50-25-4. (a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (4) 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; (5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or fur the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts; (6) To fix and collect fees and charges for data, media, and incidental services; (7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (8) To establish standards for agencies to submit information technology plans to the authority. Standards shall include without limitation content, format, and frequency of submission; (9) To provide and approve a technology plan to include strategic planning and direction for technology acquisition, deployment development, and obsolescence management as well as a communications plan to manage costs

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for voice, video, data, and messaging services for all agencies. The state technology plan shall incorporate plans from agencies and other sources; (1 0) To set technology policy for all agencies except those under the authority, direction, or control of the General Assembly or state-wide elected officials other than the Governor; (11) To establish and maintain official employee purchase programs for technology resources facilitated by and through the authority for state employees and public school employees of county or independent boards of education; (12) To provide oversight and program management for all technology resources for projects exceeding a cumulative investment of $1 million to accomplish goals of technology portfolio management; ( 13) To require agencies to submit periodic reports at such frequency and with such content as the board shall define; (14) To prepare fiscal impact statements relating to necessary modifications and development of technology to support policies required by proposed legislation; (15) To establish architecture for state technology infrastructure to promote efficient use of resources and to promote economic development; ( 16) To provide processes and systems for timely and fiscally prudent management of the state s financial resources to include, without limitation, cash management; (17) To establish advisory committees from time to time, including, without limitation, a standing advisory committee composed of representatives from agencies which shall make recommendations to the authority concerning such matters as policies, standards, and architecture; ( 18) To coordinate with agencies, the legislative and judicial branches of government, and the Board of Regents of the University System of Georgia, regarding technology policy; ( 19) To coordinate with local and federal governments to achieve the goals of the authority; (20) To identifY and pursue alternative funding approaches; (21) To establish technology security standards and services to be used by all agencies; (22) To conduct technology audits ofall agencies; (23) To facilitate and encourage the conduct of business on the Internet; (24) To expand and establish policies necessary to ensure the legal authority and integrity of electronic documents; (25) To provide and approve as part of the state technology plan an implementation plan and subsequent policies and goals designed to increase the use of telecommuting among state employees; (26) To create a center for innovation to create applications oftechnology that will yield positive, measurable benefits to the state; (27) To contract through the Department of Administrative Services for the lease, rental, purchase, or other acquisition of all technology resource related

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supplies, materials, services, and equipment required by the state government or any of its agencies and designate such contracts as mandatory sources of supply for agency purchases or to authorize any agency to purchase or contract for technology; (28) To establish and enforce standard specifications which shall apply to all technology and technology resource related supplies, materials, and equipment purchased or to be purchased fur the use of the state government or any of its agencies, which specifications shall be based on and consistent with industry accepted open network architecture standards; (29) To establish specifications and standards for technology resources, which shall apply to all technology to be purchased, licensed, or leased by any agency; (30) 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; and (31) To do all things necessary or convenient to carry out the powers conferred by this chapter. (b) The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority.'

SECTION 3. Said title is further amended by striking Code Section 50-25-7.2, relating to contracts for technology resource purchases, and inserting in its place a new Code Section 50-2 5-7.2 to read as follows:
'50-25-7 .2. Nothing exempting any purchase from the competitive bidding laws set forth in Part 1 of Article 3 of Chapter 5 of this title shall exempt any technology resource purchase from the technical standards and specifications established by the authority unless specifically provided by action of the authority; provided, however, that technical standards established by the authority shall not conflict with mandated federal technical standards or requirements associated with the state administration of federally funded programs. The Department of Administrative Services shall not knowingly issue a procurement pursuant to the provisions of Part 1 of Article 3 of Chapter 5 of this title that does not adhere to the technical standards and specifications established by the authority unless specifically authorized to do so by the authority.'

SECTION 4. Said title is further amended by striking Code Section 50-25-7.3, relating to the procedures to be used by the Georgia Technology Authority for competitive sealed bids and proposals, and inserting in its place a new Code Section 50-25-7.3 to read as follows:
'50-25-7.3. Reserved.'

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SECTION 5. Said title is further amended by striking Code Section 50-25-7.4, relating to prequalification of vendors by the Georgia Technology Authority, and inserting in its place a new Code Section 50-25-7.4 to read as fullows:
'50-25-7 .4. Reserved.'

SECTION 6. Said title is further amended by striking Code Section 50-25-7.5, relating to small value noncompetitive purchases for technology resources, and inserting in its place a new Code Section 50-25-7.5 to read as follows:
'50-25-7.5. Reserved.'

SECTION 7. Said title is further amended by striking Code Section 50-25-7.6, relating to emergency purchases of technology resources, and inserting in its place a new Code Section 50-25-7.6 to read as follows:
'50-25-7 .6. Reserved.'

SECTION 8. Said title is further amended by striking Code Section 50-25-7.8, relating to contracts not authorized by the Georgia Technology Authority, and inserting in its place a new Code Section 50-25-7.8 to read as fullows:
'50-25-7 .8. Reserved.'

SECTION 9. Said title is further amended by striking Code Section 50-25-7.9, relating to purchasing articles through the Georgia Technology Authority for personal ownership, and inserting in its place a new Code Section 50-25-7.9 to read as follows:
'50-25-7 .9 0 Reserved.'

SECTION 10. Said title is further amended by striking Code Section 50-5-51, relating to the powers and authority of the Department of Administrative Services, and inserting in its place a new Code Section 50-5-5 1 to read as follows:
'50-5-51. The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part:
(1) To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all supplies, materials, equipment, and

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services other than professional and personal employment services required by the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of this state under competitive bidding in the manner and subject to the conditions provided for in this article; (2) To establish and enforce standard specifications which shall apply to all supplies, materials, equipment, and services other than professional and personal employment services purchased or to be purchased for the use of the state government for any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities ofthe state; (3) To contract for all electric light power, postal, and any and all other contractual purchases and needs of the state government or any of its offices, agencies departments, boards, bureaus, commissions, institutions, or other entities of the state or in lieu of such contract to authorize any offices, agencies departments, boards, bureaus, commissions, institutions, or other entities of the state to purchase or contract for any or all such services; (4) To have general supervision of all storerooms and stores operated by the state government or any of its offices, agencies departments, boards, bureaus, commissions, institutions, or other entities of the state; to provide for transfer or exchange to or between all state offices, agencies departments, boards, bureaus, commissions, institutions, or other entities of the state or to sell all supplies, materials, and equipment which are surplus, obsolete, or unused; and to maintain inventories of all fixed property and of all movable equipment, supplies, and materials belonging to the state government or any of its offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities ofthe state; (5) To make provision for and to contract for all state printing, including all printing, binding, paper stock, and supplies or materials in connection with the same, except as provided in this part. For the purpose of obtaining bids on printing, it shall have the power to divide the printing into various classes and to provide stipulations and specifications therefor and advertise, receive bids, and contract separately for the various classes; (6) To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the state's retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as insureds or beneficiaries under the terms of the. fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or

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employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state official's or employee's bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession; (7) To establish and operate the state agency for surplus property for the purpose of distributing surplus properties made available by the federal government under Pub. L. 152, 81 st Congress, as amended, to institutions, organizations, agencies, and others as may be eligible to receive such surplus properties pursuant to applicable provisions of federal law. The commissioner may enter into or authorize the aforesaid state agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the state agency. The commissioner is authorized to enter into contracts with other state, local, or federal agencies, or with other persons with respect to the construction, operation, maintenance, leasing, or rental of a facility for use by the state agency. Further, the commissioner may acquire real or personal property for such purposes. (8) To delegate, in the department's discretion, to medical fucilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and medical supplies necessary for medical teaching purposes; (9) To enter into or authorize agreements with private nonprofit organizations or other states and their political subdivisions to effectuate the purposes and policies of this chapter; (10) To collect, retain, and carry over from year to year in a reserve fund any moneys, rebates, or commissions payable to the state that are generated by supply contracts established pursuant to Code Section 50-5-57; and (11) To conduct the procurement of all technology resource purchases not exempted from competitive bidding requirements in accordance with the technology standards and specifications established by the Georgia Technology Authority.'

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SECTION 11. Said title is further amended by striking Code Section 50-5-52, relating to the auditing of purchasing records, and inserting in its place a new Code Section 50-5-52 to read as follows:
'50-5-52. The Department of Administrative Services or the state accounting officer shall have power to examine books, records, and papers of any office, agency, department, board, bureau, commission, institution, or other entity of the state government relative to purchases and to require those in control thereofto furnish the department with copies of any and all records pertaining thereto:

SECTION 12. Said title is further amended by striking Code Section 50-5-5 3, relating to the employment of purchasing personnel, and inserting in its place a new Code Section 50-5-53 to read as follows:
'50-5-53. Subject to applicable rules of the State Merit System of Personnel Administration, the Department of Administrative Services may appoint as many assistants and employees, and fix their salaries, as are essential to the state's interest in the execution of the terms and provisions of this part. Assignment of an assistant or assistants to any of the departments, institutions, or agencies of the state may be made by the Department of Administrative Services. It shall be unlawful for any other agency of the state to employ any person for the purposes set out in this part unless that person complies with the minimum requirements for purchasing personnel established by the State Merit System of Personnel Administration in conjunction with the Department of Administrative Services.'

SECTION 13. Said title is further amended by striking Code Section 50-5-67, relating to the procedures to be used by the Department of Administrative Services for competitive sealed bids and proposals, and inserting in its place a new Code Section 50-5-67 to read as follows:
'50-5-67. (a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in the Georgia Procurement Registry established under subsection (b) of Code Section 50-5-69 and in addition may be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days, except for construction projects which shall have 30 calendar days allowed, prior to the date fiXed for opening of the bids and awarding of the contract. Other methods of advertisement, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the

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Department of Administrative Services to solicit sealed bids from reputable owners of supplies in all cases where the total requirement will exceed $100,000.00. When it appears that the use of competitive sealed bidding is either not justified or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the fullowing conditions:
(1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not justified or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request fur proposals shall be given in the same manner as provided for competitive sealed bidding; (4) A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation fuctors; (6) As provided in the request fur proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with qualified offerors who submit proposals determined to be reasonably susceptible of being selected fur award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fuir and equal treatment with respect to any opportunity for discussion and clarification of proposals. After such clarifications, revisions may be permitted to technical proposals and price proposals prior to award for the purpose of obtaining best and final offers. The Department of Administrative Services is authorized to solicit multiple revisions to price proposals for the purpose of obtaining the most advantageous proposal to the state. In conducting discussions or soliciting any revisions, there shall be no disclosure of any information contained in proposals submitted by competing offerors. However, this prohibition on disclosure of information shall not prohibit the Department of Administrative Services from disclosing to competing offerors any preliminary rankings and scores of competing offerors' proposals during the course of any negotiations or revisions of proposals other than with respect to the procurement of construction contracts; and (7) The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. (b) Except as otherwise provided for in this part, all contracts for the purchases ofsupplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the standard specifications which have been established and prescribed, the

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purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, or equipment as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the standard specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected.
(c)(l)(A) When bids received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the lowest responsible bid exceeds available funds and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit or justify the delay required to resolicit competitive bids, a contract may be negotiated pursuant to this Code section, provided that each responsible bidder who submitted such a bid under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the bids received are noncompetitive or the lowest responsible bid exceeds available funds, the negotiated price shall be lower than the lowest rejected bid of any responsible bidder under the original solicitation. (B) With respect to procurement for construction contracts, if the bid from the lowest responsible and responsive bidder exceeds the funds budgeted for the contract, a contract may be negotiated with such apparent low bidder to obtain a contract price within the budgeted amount. Such negotiations may include changes in the scope ofwork and other bid requirements. (2) When proposals received pursuant to this part are unreasonable or unacceptable as to terms and conditions, are noncompetitive, or the lowest responsible proposal exceeds available funds and it is determined in writing by the Department of Administrative Services that time or other circumstances will not permit or justify the delay required to resolicit competitive proposals, a contract may be negotiated pursuant to this Code section, provided that each responsible offeror who submitted such a proposal under the original solicitation is notified of the determination and is given a reasonable opportunity to negotiate. In cases where the proposals received are noncompetitive or the lowest responsible proposal exceeds available funds, any contract award made pursuant to this paragraph shall be made to the offeror whose negotiated proposal is most advantageous to the state according to the evaluation criteria in the request for proposals rather than to the offeror whose negotiated proposal offers the lowest price, provided that the negotiated price

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of the most advantageous proposal is lower than the price of the rejected responsible proposal with the lowest price under the original solicitation. (d) Every bid or proposal conforming to the terms of the advertisement provided for in this Code section, together with the name of the bidder, shall be recorded, and all such records with the name of the successful bidder or offeror indicated thereon shall, after award or letting of the contract, be subject to public inspection upon request. The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish the name of the successful bidder or offeror on public display in a conspicuous place in the department's office or on the Georgia Procurement Registry so that it may be easily seen by the public. The public notice on public display shall also show the price or the amount for which the contract was let and the commodities covered by the contract. The Department of Administrative Services shall also, within one day after the award or letting of the contract, publish on public display the names of all persons whose bids, offers, or proposals were rejected by it, together with a statement giving the reasons for such rejection. Bids, offers, or proposals shall be opened in public by the Department of Administrative Services, which shall canvass the bids, offers, or proposals and award the contract according to the terms of this part. A proper bond for the faithful performance of any contract shall be required of the successful bidder or offeror in the discretion of the Department of Administrative Services. After the contracts have been awarded, the Department of Administrative Services shall certifY to the offices, agencies, departments, boards, bureaus, commissions, institutions, or other entities of the state the sources of the supplies and the contract price of the various supplies, materials, services, and equipment so contracted for. (e) On all bids or proposals received or solicited by the Department of Administrative Services, by any office, agency, department, board, bureau, commission, institution, or other entity of the state or by any person in behalf of any office, agency, department, board, bureau, commission, institution, or other entity of the state except in cases provided for in Code Section 50-5-5 8, the following certificate of independent price determination shall be used: 'I certify that this bid, offer, or proposal is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a bid, offer, or proposal for the same materials, supplies, services, or equipment and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this bid, offer, or proposal and certify that I am authorized to sign this bid, offer, or proposal for the bidder or offeror.' (f) Notwithstanding any other provision of this article, the commissioner of administrative services is authorized to promulgate rules and regulations to govern auctions conducted by state agencies in which vendors' prices are made public during the bidding process to enable the state agency or agencies to seek a lower price. This auction bidding process will continue until the lowest price is obtained within the auction's time limit. This auction bidding process shall not

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be used to procure construction services or for any contract for goods or services valued at less than $100,000.00. (g) Any reference in this article to sealed bids or sealed proposals shall not preclude the Department of Administrative Services from receiving bids and proposals by way of the Internet or other electronic means or authorizing state agencies from receiving bids and proposals by way of the Internet or other electronic means; provided, however, any bids or proposals received by any state agency by way of any electronic means must comply with security standards established by the Georgia Technology Authority.'

SECTION 13A. Said title is further amended by striking subsection (a) of Code Section 50-5-69, relating to purchases without competitive bidding, and inserting in its place a new subsection (a) to read as follows:
'(a) If the needed supplies, materials, equipment, or service can reasonably be expected to be acquired for less than $5,000.00 and is not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf and may provide the circumstances and conditions under which such purchases may be effected. In order to assist and advise the commissioner of administrative services in making determinations to allow offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state to make purchases in their own behalf, there is created a Purchasing Advisory Council consisting of the executive director of the Georgia Technology Authority or his or her designee; the director of the Office of Planning and Budget or his or her designee; the chancellor of the University System of Georgia or his or her designee; the commissioner of technical and adult education or his or her designee; the commissioner of transportation or his or her designee; the Secretary of State or his or her designee; the commissioner of human resources or his or her designee; the commissioner of community health or his or her designee; and one member to be appointed by the Governor. The commissioner of administrative services shall promulgate the necessary rules and regulations governing meetings of such council and the method and manner in which such council will assist and advise the commissioner of administrative services.

SECTION 14. Said title is further amended by striking Code Section 50-5-71, relating to emergency purchases, and inserting in its place a new Code Section 50-5-71 to read as follows:
'50-5-71. In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated

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volume of work, or upon the declaration of a state of emergency by the Governor, the Department of Administrative Services or any other office, agency, department, board, bureau, commission, institution, or other entity of the state to which emergency purchasing powers have been granted by the Department of Administrative Services shall have power to purchase in the open market any necessary supplies, materials, services, or equipment for immediate delivery to any office, agency, department, board, bureau, commission, institution, or other entity of the state. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the Department of Administrative Services.'

SECTION 15. Said title is further amended by striking Code Section 50-5-80, relating to the purchase of items through the Department of Administrative Services for personal ownership, and inserting in its place a new Code Section 50-5-80 to read as follows:
'50-5-80. (a) As used in this Code section, the term 'person' includes natural persons, frrms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the Department of Administrative Services, or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state, any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority or other entity of the state shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property. (c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Department of Administrative Services or by or through any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. (d) Any person who violates any provision of this Code section shall be guilty ofa misdemeanor. (e) This Code section shall not apply to any official employee purchase program for technology resources facilitated by and through the Georgia Technology Authority for state employees and public school employees of county or independent boards of education.'

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SECTION 16. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended in Code Section 45-12-73, relating to the powers and duties of the Office of Planning and Budget, by striking "and" at the end of paragraph (10); by striking the period at the end ofparagraph (11) and inserting in its place"; and"; and by adding a new paragraph immediately following paragraph (11), to be designated paragraph (12), to read as follows:
'(12) Promulgate rules and regulations governing: (A) The use of passenger-carrying automobiles purchased or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state; (B) The rental of passenger-carrying automobiles by officials, officers, and employees ofthe state and for reimbursement ofrental expense; (C) A system of billings for motor vehicle service including the provision of fuel, maintenance, and repair costs for vehicles which are owned or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state; and (D) Acquisition, utilization, preventive maintenance, repair, and replacement of all other motor vehicles, exclusive of the off-the-road and highly specialized motor vehicle equipment as defmed by the Office of Planning and Budget, owned or leased by any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state.'

SECTION 17. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-19-1, relating to the authority of the Department of Administrative Services to issue rules governing the use of state vehicles and to establish a motor pool, and inserting in its place a new Code Section 50-19-1 to read as follows:
'50-19-1. The Department of Administrative Services is authorized and empowered:
(1) To establish and operate an interagency motor pool near the state capitol and to establish and operate motor pools at such other locations as may be desirable to promote efficient and economical use of passenger-carrying automobiles by officers, officials, or employees of the state and of the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state; (2) To purchase passenger-carrying automobiles for the use of officers, officials, or employees of the state and of the various offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state who are required to travel by automobile in performance of their official duties; and (3) To provide a system of billings for the use of motor vehicles in any motor pool operated by the Department of Administrative Services and to collect,

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retain, and carry over from year to year in a reserve fund any moneys collected for the use of such motor vehicles.

SECTION 18. Said title is further amended by striking Code Section 50-19-3, relating to an exception for the Department of Agriculture to purchase vehicles, and inserting in its place a new Code Section 50-19-3 to read as follows:
'50-19-3. Reserved.'

SECTION 19. Said title is further amended by striking Code Section 50-19-4, relating to the acceptance of vehicles by units of the university system, and inserting in its place a new Code Section 50-19-4 to read as follows:
'50-19-4. Reserved.'

SECTION 20. Said title is further amended by striking Code Section 50-19-5, relating to an exception for the Department of Veterans Service to purchase certain vehicles, and inserting in its place a new Code Section 50-19-5 to read as follows:
'50-19-5. Reserved.'

SECTION 21. Said title is further amended by striking Code Section 50-19-6, relating to the authority of state institutions to purchase vehicles, and inserting in its place a new Code Section 50-19-6 to read as follows:
'50-19-6. The various offices, agencies, departments, boards, bureaus, commtsstons, institutions, authorities, or other entities ofthe state are authorized, subject to the approval of the Office of Planning and Budget consistent with legislative appropriations, to purchase, lease, or accept as donations passenger-carrying automobiles and other motor vehicles for the use of officers, officials, and employees in the performance of their official duties. The operation, use, maintenance, service, and repair of passenger-carrying automobiles shall be governed by the rules and regulations promulgated by the Office of Planning and Budget pursuant to Code Section 45-12-73.'

SECTION 22. Said title is further amended by striking Code Section 50-19-8, relating to the transportation of campaign literature at state expense, and inserting in its place a new Code Section 50-19-8 to read as follows:

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'50-19-8. It shall be unlawful for any officer of this state or any employee of any office, agency, department, board, bureau, commission, institution, authority, or other entity of the state while traveling in vehicles upon which the state is paying transportation mileage to transport any political campaign literature or matter or to engage in soliciting votes or to transport any person or persons soliciting votes in any election or primary.'

SECTION 23. Said title is further amended by striking Code Section 50-19-9, relating to penalties for violations of rules and regulations governing the purchase or use of vehicles, and inserting in its place anew Code Section 50-19-9 to read as follows:
'50-19-9. Any person violating any provision of this article or any other general law relating to purchase of automobiles with state funds or use of automobiles by state officers or employees shall be guilty of a misdemeanor and, upon conviction thereof: also shall be removed from office.'

SECTION 24. Said title is further amended by striking Code Section 50-16-144, relating to the disposition ofunserviceable property, and inserting in its place a new Code Section 50-16-144 to read as follows:
'50-16-144. Reserved.'

SECTION 25. Said title is further amended by striking Code Section 50-5-17, relating to revenue from the sale of surplus state equipment, and inserting in its place a new Code Section 50-5-17 to read as follows:
'50-5-17. The Department of Administrative Services is authorized to retain in a reserve fund moneys generated from the sale of any surplus personal property pursuant to Article 4 of this chapter. Such funds may be used to cover any cost associated with disposing of the state's surplus personal property or such funds may, subject to the approval of the Office of Planning and Budget, be used to purchase personal property for the Department of Administrative Services or for any offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state government.'

SECTION 26. Said title is further amended by striking Code Section 50-16-160, relating to the duty of the Department of Administrative Services to maintain inventory records of personal property owned by state institutions, and inserting in its place a new Code Section 50-16-160 to read as follows:

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'50-16-160. (a) It shall be the duty of the Department of Administrative Services to establish and maintain an accurate central inventory of movable personal property owned by the state and any offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state; and it shall be the duty of each officer and employee thereof tQ furnish the Department of Administrative Services full information for such inventory and otherwise assist it in establishing and maintaining the inventory. (b) The inventory shall be maintained on a current basis; and state officers and employees shall furnish the Department of Administrative Services such information as may be required by it to keep the inventory current. (c) The inventory records shall be available for inspection at all times during normal working hours; and copies of the inventory records or any part thereof shall be provided to the Governor and the General Assembly, or committees thereof, upon request.'

SECTION 27. Said title is further amended by striking Code Section 50-16-161, relating to inclusion or exclusion of personal property from inventory records, and inserting in its place a new Code Section 50-16-161 to read as follows:
'50-16-161. Reserved.'

SECTION 28. Said title is further amended by striking Code Section 50-16-161, relating to inclusion or exclusion of personal property from inventory records, and inserting in its place a new Code Section 50-16-161 to read as follows:
'50-16-161. Reserved.'

SECTION 29. Said title is further amended by striking Code Section 50-16-162, relating to rules and regulations governing the inventory of personal property, and inserting in its place a new Code Section 50-16-162 to read as follows:
'50-16-162. The state accounting officer is authorized and directed to adopt and promulgate such rules and regulations establishing those items of personal property required to be kept on the inventory records of all offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entities of the state as may be necessary to carry out this part.'

SECTION 30. Said title is further amended by adding a new Code section immediately following Code Section 50-16-162, to be designated Code Section 50-16-163, to read as follows:

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'50-16-163. The Department of Administrative Services or the state accounting officer shall have the power to examine books, records, papers, or personal property of offices, agencies, departments, boards, bureaus, commissions, institutions, authorities, or other entity of the state for the purposes of ensuring compliance with this part.'

SECTION 30A. Code Section 32-2-61 of the Official Code of Georgia Annotated, relating to limitations on the power of the Department of Transportation regarding contracts, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows:
'(c) Except as authorized by Article 3 of Chapter 5 of Title 50, the department is prohibited from entering into any contract for the purchase of supplies, materials, equipment, or services, except those services ancillary to the construction and maintenance of a public road.'

SECTION 31. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July 1, 2005. (b) Section 28 of this Act shall become effective on June 30, 2006.

SECTION 32. All laws and parts of laws in conflict with this Act are repealed.

Approved April 12,2005.

PUBLIC OFFICERS- DEFERRED COMPENSATION PLANS; ADMINISTRATION; ADVISORS AND COUNSELORS.
No. 23 (House Bill No. 275).
AN ACT
To amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' insurance and benefits plans, so as to transfer administration of certain deferred compensation plans from the State Personnel Board to the Board ofTrustees ofthe Employees' Retirement System of Georgia; to provide for transfer of accounts, funds, and information; to provide for investment advisors and counselors; to provide for related matters; 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. Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' insurance and benefits plans, is amended by striking Article 2 and inserting in its place a new Article 2 to read as follows:

'ARTICLE 2

45-18-30. As used in this article, the term '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 of Title 47, or for a county, municipality, or other political subdivision and who is paid for providing such services.

45-18-31. The state or any county, municipality, or other political subdivision may contract with any employee to defer, in whole or in part, any portion of such employee's compensation under a deferred compensation plan; and the state, county, municipality, or other political subdivision may provide the deferred compensation plan itself or it may contract with any company qualified to do business in this state to provide such benefits.

45-18-32. The Board of Trustees of the Employees' Retirement System of Georgia shall administer any deferred compensation plan provided for the employees of the state. Employees of the county boards of health receiving financial assistance from the Department of Human Resources may, with the approval of the Board of Trustees of the Employees' Retirement System of Georgia and the approval of such organizations, participate in the state plan. Employees of county and independent school systems may, with the approval of the Board of Trustees of the Employees' Retirement System of Georgia and the approval of such systems, participate in the state plan. Employees of the Lake Allatoona Preservation Authority, the Georgia Federal-State Shipping Point Inspection Service, and the Georgia Firefighters' Pension Fund may, with the approval of the Board of Trustees of the Employees' Retirement System of Georgia and the approval of such organizations, participate in the state plan. The Board of Trustees of the Employees' Retirement System of Georgia shall investigate and approve a deferred compensation plan which gives the employees of the state income tax benefits in connection with plans authorized by the United States Internal Revenue Code, so that compensation deferred under such plan shall not be included for purposes of computation of any federal income tax withheld on behalf of any such employee or payable by such employee before any deferred payment date. All contributions to the deferred compensation plan shall also be

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exempt from state withholding tax as long as such contributions are not includable in gross income for federal income tax purposes. The governing body of a city, county, or other political subdivision may appoint an administrator for all deferred compensation plans, whose duties shall include the administration of the plan and the investigation and approval of the plan or plans. All such plans shall provide tax deferral benefits fur the respective employees in a manner similar to that ofthe plan for state employees.

45-18-33. Notwithstanding any other provision of law to the contrary, in order to carry out the provisions of the deferred compensation plan, the state or any county, municipality, or other political subdivision is authorized to make payments fur the purchase of insurance, endowments, annuities, mutual funds, or savings from funds derived from the deferral of compensation. Such payments shall not be construed to be a prohibited use of the general assets of the state, county, municipality, or other political subdivision. The Board of Trustees of the Employees' Retirement System of Georgia or the administrator of the plan shall have the power to arrange for a custodian for the holding of such insurance policies, funds, investments, and other assets of the fund.

45-18-34. The deferred compensation programs authorized by this article shall exist and serve in addition to retirement, pension, or benefit systems established by the state, county, municipality, or other political subdivision; and no deferral of income under the deferred compensation program shall effect a reduction of any retirement, pension, or other benefit provided by law.

45-18-35. The Board of Trustees of the Employees' Retirement System of Georgia or the administrator of the plan shall arrange for all services required to carry out the deferred compensation plan or plans so that such plan or plans shall operate without cost to the state, county, city, or other political subdivision except for employer contributions to a deferred compensation plan and for the incidental expense of administering the payroll salary deduction or reduction and the remittance thereof.

45-18-36. (a) The salary reduction or deductions referred to in this article shall be instituted at the request of the participating employees by the payroll departments applicable to the respective employees. (b) Records of participation agreements, payroll deductions, investment options, and other individual account information shall be maintained as confidential by the administrator. The records shall not be disclosed except as necessary to accomplish the purposes of this article or in cases where a subpoena has been issued for the purpose of discovery or as otherwise authorized in writing by the

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employee. This prohibition shall not bar federal, state, or local tax authorities from such access to the records as may be necessary to establish the tax status or liability of a participating employee.

45-18-37. (a) As used in this Code section, the term:
(1) 'Special compensation' means compensation for terminal leave and such other compensation as the Board of Trustees of the Employees' Retirement System of Georgia deems appropriate under federal regulations. (2) 'Special pay plan' means a qualified retirement plan under Section 40l(a) of the federal Internal Revenue Code, 26 U.S.C. Section 401 (a), which reduces federal tax obligations on special compensation. (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 ofTitle 47. (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 Board of Trustees of the Employees' Retirement System ofGeorgia 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 pian 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 of trustees 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.

45-18-38. Effective July 1, 2005, the Board of Trustees of the Employees' Retirement System of Georgia shall be the successor to the State Personnel Board for the purpose of administering any defined compensation plan provided to employees as referenced in Code Sections 45-18-32 and 45-18-33. The State Personnel Board shall transfer individual accounts, associated funds, and any other applicable information in a manner prescribed by the Board of Trustees of the Employees' Retirement System of Georgia no later than September 30, 2005. The Board of Trustees of the Employees' Retirement System of Georgia is authorized to employ agents and to contract with such agents for their services

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as investment advisors and counselors who will make recommendations for investments and make investments as the board of trustees so authorizes.'

SECTION 2. This Act shall become effective on July 1, 2005.

SECTION 3. All1aws and parts of laws in conflict with this Act are repealed.

Approved April12,2005.

LOCAL GOVERNMENT - REVENUE HOMEOWNER TAX RELIEF GRANTS;
TAX EXECUTIONS.
No. 24 (House Bill No. 116).
AN ACT
To amend 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 change certain provisions regarding ad valorem taxation; to change certain provisions regarding homeowner tax relief grants; to change certain provisions regarding the issuance of tax executions; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Code Section 36-89-1, relating to defmitions regarding homeowner tax relief grants, and inserting in its place a new Code Section 36-89-1 to read as follows:
'36-89-1. As used in this chapter, the term:
(1) 'Applicable rollback' means a: (A) Rollback of an ad valorem tax millage rate pursuant to subsection (a) of Code Section 48-8-91 in a county or municipality that levies a local option sales tax; (B) Rollback of an ad valorem tax millage rate pursuant to subparagraph (c)(2)(C) of Code Section 48-8-1 04 in a county or municipality that levies a homestead option sales tax;

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(C) Subtraction from an ad valorem millage rate pursuant to Code Section 20-2-334 in a local school system that receives a state school tax credit; (D) Reduction of an ad valorem tax millage rate pursuant to the development of a service delivery strategy under Code Section 36-70-24; and (E) Reduction of an ad valorem tax millage rate pursuant to paragraph (2) of subsection (a) of Code Section 3 3-8-8.3 in a county that collects insurance premium tax. (2) 'County millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a county for county purposes and applying to qualified homesteads in the county, including any millage levied for those special districts reported on the 2004 ad valorem tax digest certified to and received by the commissioner on or before December 31, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of a county school district for educational purposes. (3) 'Eligible assessed value' means a certain stated amount of the assessed value of each qualified homestead in the state. The amount of the eligible assessed value fur any given year shall be fixed in that year's General Appropriations Act. (4) 'Fiscal authority' means the individual authorized to collect ad valorem taxes fur a county or municipality which levies ad valorem taxes. (5) 'Municipal millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied by a municipality for municipal purposes and applying to qualified homesteads in the municipality, including any millage levied for those special tax districts reported on the 2004 City and Independent School Millage Rate Certification certified to and received by the commissioner on or before December 3 l, 2004, but not including any millage levied for purposes of bonded indebtedness and not including any millage levied on behalf of an independent school district for educational purposes. (6) 'Qualified homestead' means a homestead qualified for any exemption, state, county, or school, authorized under Code Section 48-5-44. (7) 'School millage rate' means the net ad valorem tax millage rate, after deducting applicable rollbacks, levied on behalf of a county or independent school district for educational purposes and applying to qualified homesteads in the county or independent school district, not including any millage levied for purposes of bonded indebtedness and not including any millage levied for county or municipal purposes. (8) 'State millage rate' means the state millage levy.'

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new subsection at the end of Code Section 48-3-3, relating to executions by tax collectors and tax commissioners, to be designated subsection (c) to read as follows:

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'(c) No execution shall be issued against any person who is not the record owner of the property on the day that the taxes become delinquent, if and when, that person has provided satisfactory proof to the tax collector or tax commissioner that the property has been transferred by recorded deed and the liability for the payment of ad valorem taxes has been assigned to the vested transferee by written agreement or contract. In such cases, the execution shall be issued against the person who is the record owner of the property on the date that taxes became delinquent. If an execution has already been issued, such execution shall be affirmatively cleared and vacated of record by the tax collector or tax commissioner upon receiving satisfactory proof as provided in this subsection.'

SECTION 3. (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 1 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, 2005.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved April 12,2005.

REVENUE - FARM EQUIPMENT; LEASE PURCHASE;
AD VALOREM EXEMPTION.
No. 26 (House Bill No. 203).
AN ACT
To amend Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to agricultural products and equipment exempt from ad valorem tax, so as to expand the ad valorem exemption for farm equipment to include certain equipment held under a lease purchase agreement; to provide for a referendum, applicability, and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 48-5-41.1 of the Official Code of Georgia Annotated, relating to agricultural products and equipment exempt from ad valorem tax, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as
follows: '(c) Farm tractors, combines, and all other furm equipment other than motor vehicles, whether fixed or mobile, which are owned by or held under a lease purchase agreement and directly used in the production of agricultural products by family owned qualified furm products producers shall be exempt from all ad valorem property taxes in this state.'

SECTION 2. Unless prohibited by the federal Voting Rights Act of 196 5, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 2006, state-wide general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written or printed thereon the following:
"YES ( ) Shall the Act be approved which expands the ad valorem tax exemption for agricultural products and equipment to include certain
NO ( ) additional farm equipment held under a lease purchase agreement?"
All persons desiring to vote for approval of the Act shall vote ''Yes," and all persons desiring to vote for rejection ofthe Act shall vote "No." Ifmore than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 2007, and shall apply to all taxable years beginning on or after that date. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date.

SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved April 12,2005.

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REVENUE- SALES TAX EXEMPTIONS; CHILD-CARING INSTITUTIONS, CHILD-PLACING AGENCY,
MATERNITY HOME, CROP IRRIGATION.

No. 27 (House Bill No. 487).

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 clarify the sales and use tax exemption for a qualified child-caring institution, child-placing agency, or maternity home; to change the exemption regarding electricity sales for irrigation of certain crops; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking paragraph (41) of said Code section and inserting in its place a new paragraph (41) to read as follows:
'(41)(A) Sales of tangible personal property and services to 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) of the Internal Revenue Code and obtains an exemption determination letter from the commissioner; and (B) Sales by an institution, agency, or home as described in subparagraph (A) of this paragraph when:
(i) The sale results froni a specific charitable fund-raising activity; (ii) The number of days upon which the fund-raising activity occurs does not exceed 30 in any calendar year; (iii) No part of the gross sales or net profits from the sales inures to the benefit of any private person; and (iv) The gross sales or net profits from the sales are used purely for charitable purposes in providing child services;'.

SECTION 2. Said Code section is further amended by striking paragraph (64) and inserting in its place a new paragraph (64) to read as follows:
'(64) The sale of electricity or other fuel for the operation of an irrigation system which is used on a farm exclusively for the irrigation of crops;".

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SECTION 3. This Act shall become effective on July 1, 2005.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved April 12,2005.

STATE GOVERNMENTSERVICE DELNERY REGIONS; GEORGIA RURAL DEVELOPMENT COUNCIL.
No. 28 (Senate Bill No. 144).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change the descriptions of certain state service delivery regions; to create the Georgia Rural Development Council; to provide for its duties and responsibilities; to provide for the composition of the council; to provide for membership, officers, and terms of office; to provide for bylaws; to provide for compensation; to provide for related matters; to repeal conflicting laws; and fur 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 paragraphs (7) and (12) of subsection (a) of Code Section 50-4-7, relating to state service delivery regions, and inserting in lieu thereof new paragraphs (7) and (12) to read as follows:
'(7) State Service Delivery Region 7 shall be composed of Burke, Columbia, Glascock, Hancock, Jefferson, Jenkins, Lincoln, McDuffie, Richmond, Taliaferro, Warren, Washington, and Wilkes counties;' '(12) State Service Delivery Region 12 shall be composed of Bryan, Bulloch, Camden, Chatham, Effingham, Glynn, Liberty, Long, Mcintosh, and Screven counties.'
SECTION 2. Said title is further amended by striking Code Section 50-8-150, relating to the creation of the State Advisory Committee on Rural Development, and inserting in lieu thereofa new Code Section 50-8-150 to read as follows:

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'50-8-150. (a) There is created the Georgia Rural Development Council. The council shall advise the Governor on matters related to rural development and the preparation of a biennial rural economic development plan and any other such matters requested by the Governor. The council shall be composed of elected officials of municipalities, elected officials of counties, members of the General Assembly, and other persons knowledgeable about the community and economic development of rural areas appointed by the Governor. In making appointments to the council, the Governor shall ensure that members include representatives from throughout rural Georgia. (b) Members of the council shall serve terms of office of two years and until their successors are appointed by the Governor and qualified. (c) The officers ofthe council shall consist ofthe Governor, who shall serve as the chairperson, a vice chairperson, and a secretary. Except for the chairperson, the council shall elect officers at its July meeting or, if there is no July meeting, at the next scheduled meeting. The vice chairperson and secretary shall serve one-year terms until their replacements are selected and qualified. (d) The council shall meet at least twice a year; however, the Governor may call additional special meetings. (e) Membership on the council shall not preclude the member from holding other public office. Each member of the council shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a councilmember is in attendance at a meeting of the council, plus reimbursement for actual transportation costs incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a personal automobile in connection with such attendance. The above shall be paid in lieu of any other per diem, allowance, or remuneration. (f) The council shall adopt bylaws for the regulation of its affairs and conduct of its business.'

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

Approved April 12,2005.

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145

TORTS- ASBESTOS OR SILICA CLAIMS.

No. 29 (House Bill No. 416).

AN ACT

To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to change provisions relating to asbestos claims and silica claims; to provide for applicability; to provide definitions; to provide that physical impairment shall be an essential element of an asbestos claim or a silica claim; to provide for a limitations period for filing a claim; to provide for dismissal of pending claims under certain conditions; to provide for general rules applicable to new filings; to provide for forum non conveniens; to provide for venue; to provide for joinder and consolidation of claims; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended by inserting at the end thereof a new Chapter 14 to read as follows:

'CHAPTER 14

51-14-1. This chapter applies to any claim defined in this chapter as an asbestos claim or as a silica claim.

51-14-2. As used in this chapter, the term:
(1) 'Asbestos' means chrysotile, arnosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, and any of these minerals that have been chemically treated or altered, including but not limited to all minerals defined as asbestos in 29 CFR 1910, as amended from time to time. (2) 'Asbestos claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to asbestos, including, but not limited to:
(A) Any claim for: (i) Personal injury or death; (ii) Mental or emotional injury; (iii) Risk ofdisease or other injury; or

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(iv) The costs of medical monitoring or surveillance, to the extent such

claims are recognized under state law; and

(B) Any claim made by or on behalf of an exposed person or based on that

exposed person's exposure to asbestos, including a representative, spouse,

parent, child, or other relative ofthe exposed person.

For purposes of this chapter, 'asbestos claim' shall not mean a claim brought

under a workers' compensation law administered by this state to provide

benefits, funded by a responsible employer or its insurance carrier, for

occupational diseases or injuries or for disability or death caused by

occupational diseases or injuries.

(3) 'Asbestosis' means bilateral diffuse interstitial fibrosis of the lungs caused

by inhalation ofasbestos.

(4) 'Board certified internist' means a qualified physician licensed to practice

medicine who has treated or is treating the exposed person or has or had a

doctor-patient relationship with the exposed person and who is currently

certified by the American Board oflnternal Medicine.

(5) 'Board certified pathologist' means a qualified physician licensed to

practice medicine who holds primary certification in anatomic pathology or

combined anatomic or clinical pathology from the American Board of

Pathology and whose professional practice is principally in the field of

pathology and involves regular evaluation of pathology materials obtained

from surgical or post-mortem specimens.

.

(6) 'Board certified pulmonologist' means a qualified physician licensed to

practice medicine who has treated or is treating the exposed person or has or

had a doctor-patient relationship with the exposed person and who is currently

certified by the American Board of Internal Medicine in the subspecialty of

pulmonary medicine.

(7) 'Certified B-reader' means a qualified physician who has successfully

passed the B-reader certification examination fur X-ray interpretation

sponsored by the National Institute for Occupational Safety and Health and

whose certification was current at the time of any readings required by this

chapter.

(8) 'Chest X-rays' means fJlms taken in two views (PA and Lateral) and graded

quality I for reading in accordance with the radiological standards established

by the International Labor Office, as interpreted by a certified B-reader.

(9) 'Claimant' means a party seeking recovery of damages for an asbestos

claim or silica claim, including the exposed person, any other plaintiff making

a claim as a result of the exposed person's exposure to asbestos or silica,

counterclaimant, cross-claimant, or third-party plaintiff. If a claim is brought

through or on behalf of an estate, the term includes the claimant's decedent; if

a claim is brought through or on behalf of a minor or incompetent, the term

includes the claimant's parent or guardian.

( 10) 'Exposed person' means any person whose exposure to asbestos or silica

is the basis for an asbestos claim or a silica claim.

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( 11) 'FEY -1 ' means forced expiratory volume in the first second, which is the maximal volume of air expelled in one second during performance of simple spirometric tests. (12) 'FVC' means forced vital capacity, which is the maximal volume of air expired with maximum effort from a position of full inspiration. (13) 'ILO system' means the radiological ratings of the International Labor Office set forth in Guidelines for the Use of ILO International Classification ofRadiographs ofPneumoconioses, revised edition, as amended from time to time by the International Labor Office. (14) 'Lower limit of normal' means the fifth percentile of healthy populations based on age, height, and gender, as referenced in the American Medical Association's Guides to the Evaluation ofPermanent Impairment, fifth edition, as amended from time to time by the American Medical Association. (15) In the context of an asbestos claim, 'prima-facie evidence of physical impairment' means:
(A) That a board certified pathologist has made a diagnosis of pleural or peritoneal mesothelioma, or a diagnosis of cancer demonstrated by a medical report showing the diagnosis as a primary cancer, and has signed a report certifying to a reasonable degree of medical certainty that exposure to asbestos was a substantial contributing factor to the diagnosed cancer and that it was not more probably the result of causes other than the asbestos exposure revealed by the exposed person's employment and medical histories; or (B) That a board certified internist, pulmonologist, or pathologist has signed a detailed narrative medical report and diagnosis stating that the exposed person suffers from a nonmalignant disease related to asbestos and that:
(i) Verifies that the doctor signing the detailed narrative medical report and diagnosis or a medical professional employed by and under the direct supervision and control of that doctor has taken:
(I) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis for the action. The history shall include all of the exposed person's principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (II) A detailed medical and smoking history that includes a thorough review of the exposed person's past and present medical problems and their most probable cause; (ii) Sets out the details of the occupational, medical, and smoking histories and verifies that at least 15 years have elapsed between the exposed person's first exposure to asbestos and the time of diagnosis;

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(iii) Verifies that the exposed person has: (I) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral small irregular opacities (s, t, or u) graded 1/1 or higher or bilateral diffuse pleural thickening graded b2 or higher including blunting of the costophrenic angle; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (II) Pathological asbestosis graded l(B) or higher under the criteria published in the Asbestos-Associated Diseases, Special Issue of the Archives of Pathological and Laboratory Medicine, Volume 106, Number 11, Appendix 3, as amended from time to time;
(iv) Verifies that the exposed person has pulmonary impairment related to asbestos as demonstrated by pulmonary function testing, performed using equipment, methods of calibration, and techniques that meet the criteria incorporated in the American Medical Association's Guides to the Evaluation of Permanent Impairment, fifth edition, and reported as set forth in 20 CFR 404, Subpt. P. App 1, Part (A) Section 3.00 (E) and (F), as amended from time to time by the American Medical Association, and the interpretative standards of the American Thoracic Society, Lung Function Testing: Selection of Reference Values and Interpretive Strategies, 144 Am. Rev. Resp. Dis. 1202-1218 (1991), as amended from time to time by the American Thoracic Society, that shows:
(I) Forced vital capacity below the lower limit of normal and FEVl/FVC ratio, using actual values, at or above the lower limit of normal; or (II) Total lung capacity, by plethysmography or timed gas dilution, below the lower limit ofnormal; and (v) Verifies that the doctor signing the detailed narrative medical report and diagnosis has concluded that exposure to asbestos was a substantial contributing fuctor to the exposed person's medical condition and physical impairment and that they were not more probably the result of other causes revealed by the exposed person's employment and medical histories. Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth herein, and the diagnosing physician's detailed narrative medical report and diagnosis shall be attached to any complaint alleging nonmalignant disease related to exposure to asbestos. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must meet objective criteria for generally accepted medical standards related to exposure to asbestos and must not be obtained through testing or examinations

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that violate any applicable law, regulation, licensing requirement, or medical code of practice. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth herein shall result in the dismissal of the action, without prejudice, upon motion of any party. (16) In the context of a silica claim, 'prima-facie evidence of physical impairment' means:
(A) A written diagnosis of silica related lung cancer demonstrated by: (i) A medical report showing the diagnosis as a diagnosis of a primary lung cancer; and (ii) A signed report certified by a board certified internist, pulmonologist, or pathologist stating to a reasonable degree of medical probability that exposure to silica was the cause of the diagnosed lung cancer with underlying silicosis demonstrated by bilateral nodular opacities (p, q, orr) occurring primarily in the upper lung fields, graded Ill or higher and not more probably the result of causes other than the silica exposure revealed by the exposed person's employment and medical histories;
(B) A written diagnosis of silica related progressive massive fibrosis or acute silicoproteinosis; or silicosis complicated by documented tuberculosis, demonstrated by a signed report certified by a board certified internist, pulmonologist, or pathologist; or (C) That a board certified internist, pulmonologist, or pathologist has signed a detailed narrative medical report and diagnosis stating that the exposed person suffers from other stages of nonmalignant disease related to silicosis other than those set forth in subparagraphs (A) and (B) of this paragraph, and that:
(i) Verifies that the doctor signing the detailed narrative medical report and diagnosis or a medical professional employed by and under the direct supervision and control of that doctor has taken:
(I) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis for the action. The history shall include all of the exposed person's principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and (II) A detailed medical and smoking history that includes a thorough review of the exposed person's past and present medical problems and their most probable cause; (ii) Sets out the details of the occupational, medical, and smoking histories and verifies a sufficient latency period for the applicable stage of silicosis; (iii) Verifies that the exposed person has at least Class 2 or higher impairment due to silicosis, as set forth in the American Medical

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Association's Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time; and
(I) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral nodular opacities (p, q, orr) occurring primarily in the upper lung fields, graded 1/1 or higher; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or (II) Pathological demonstration of classic silicotic nodules exceeding 1 centimeter in diameter as set forth in Archives of Pathological & Laboratory Medicine, July, 1988, as amended from time to time; and (iv) Verifies that the doctor signing the detailed narrative medical report and diagnosis has concluded that the exposure to silica is a substantial contributing factor to the exposed person's medical condition and physical impairment and that they were not more probably the result of other causes revealed by the exposed person's employment and medical history. Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth here in, and the diagnosing physician's detailed narrative medical report and diagnosis shall be attached to any complaint alleging nonmalignant disease related to exposure to silicosis. All such reports, as well as all other evidence used to establish prima-facie evidence ofphysical impairment, must meet objective criteria for generally accepted medical standards related to exposure to silica and must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth herein shall result in the dismissal of the action, without prejudice, upon motion of any party. (17) 'Qualified physician' means a medical doctor, who: (A) Spends no more than 10 percent of his or her professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than 20 percent of its revenues from providing such services; (B) Receives or received payment for the treatment of the exposed person from that person or from that person s health maintenance organization or other medical provider; and (C) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or any other person pursuing an asbestos or silica claim based on the exposed persons exposure to asbestos or silica.

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( 18) 'Silica' means a group of naturally occurring crystalline forms of silicon dioxide, including, but not limited to, quartz and silica sand, whether in the form of respirable free silica or any quartz-containing or crystalline silica-containing dust, in the form of a quartz-containing by-product or crystalline silica-containing by-product, or dust released from individual or commercial use, release, or disturbance of silica sand, silicon dioxide, or crystalline-silica containing media, consumables, or materials. (19) 'Silica claim' means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to silica, including, but not limited to:
(A) Any claim for: (i) Personal injury or death; (ii) Mental or emotional injury; (iii) Risk ofdisease or other injury; or (iv) The costs of medical monitoring or surveillance, to the extent such claims are recognized under state law; and
(B) Any claim made by or on behalf of any exposed person or based on that exposed person's exposure to silica, including a representative, spouse, parent, child, or other relative ofthe exposed person. For purposes of this chapter, 'silica claim' shall not mean a claim brought under a workers' compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. (20) 'Silicosis' means nodular interstitial fibrosis of the lung produced by inhalation of silica. (21) 'Total lung capacity' means the volume of gas contained in the lungs at the end of a maximal inspiration.

51-14-3. (a) Prima-facie evidence of physical impairment of the exposed person as defined in paragraph ( 15) or (16) of Code Section 51-14-2 shall be an essential element ofan asbestos claim or silica claim. (b) No person shall bring or maintain a civil action alleging an asbestos claim or silica claim in the absence of prima-facie evidence of physical impairment resulting from a medical condition for which exposure to asbestos or silica was a substantial contributing factor.

51-14-4. Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as ofthe effective date of this chapter, the limitations period shall not begin to run until the exposed person or any plaintiff making an asbestos claim or silica claim based on the exposed person's exposure to asbestos or silica discovers, or through the exercise of reasonable diligence should have

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discovered, that the exposed person is or was physically impaired as defined in paragraph (15) or (16) ofCode Section 51-14-2.

51-14-5. (a) Any asbestos claim or silica claim pending in this state on the effective date of this chapter shall be dismissed within 180 days of the effective date of this chapter without prejudice unless:
(1) All parties stipulate by no less than 60 days prior to the commencement of trial that the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim; or (2) The trial court in which the complaint was initially filed issues an order that the plaintiff has established prima-fucie evidence of physical impairment with respect to an asbestos claim or silica claim. Such an order shall be issued only if the following conditions and procedures are met:
(A) By no less than 60 days prior to the commencement of trial, the plaintiff files with the trial court and serves on each defendant named in the complaint or on counsel designated by each defendant the medical documentation necessary to establish prima-facie evidence of physical impairment; (B) Within 30 days of service of plaintiff's documentation establishing prima-facie evidence of physical impairment, any defendant may file an opposition with the trial court challenging plaintiff's prima-facie evidence of physical impairment. To the extent any such opposition is based upon the medical opinion of a licensed physician, that physician shall be a qualified physician, as that term is defined in subparagraph (A) of paragraph (17) of Code Section 51-14-2, and shall be either a board certified internist, a board certified pathologist, a board certified pulmonologist, or a certified B-reader. Defendant's opposition shall be filed with the trial court and served on plaintiff's counsel and each defendant; (C) If a defendant does not file an opposition within the time permitted, the trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court; (D) If a defendant files an objection, then within ten days of service of defendant's opposition, the plaintiff may file a reply with the trial court. The reply must be served on each defendant; and (E) The trial court shall determine if the plaintiffhas established prima-facie evidence of physical impairment in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a party's request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish

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prima-facie evidence of physical impairment, it shall dismiss the plaintiffs complaint without prejudice; or (3) In the event a trial is scheduled to commence in less than 60 days from the effective date of this chapter, a trial court can shorten the deadlines contained in this subsection as necessary in order to make a determination regarding the prima-facie evidence ofphysical impairment before trial commences. (b)(I) The plaintiff in any asbestos claim or silica claim filed in this state on or after the effective date of this chapter shall file together with the complaint a medical affidavit and accompanying documentation setting forth the medical fmdings necessary to establish prima-fucie evidence of physical impairment as provided in paragraph ( 15) or ( 16) of Code Section 15-14-2. In addition, the plaintiffs complaint shall allege with specificity that the plaintiff satisfies the prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim. (2) Within 90 days of service of plaintiffs complaint, any defendant may file an opposition with the trial court challenging plaintiff's prima-facie evidence of physical impairment. To the extent any such opposition is based upon the medical opinion of a licensed physician, that physician shall be a qualified physician, as that term is defined in subparagraph (A) of paragraph (17) of Code Section 51-14-2, and shall be either a board certified internist, a board certified pathologist, a board certified pulmonologist, or a certified B-reader. Defendant's opposition shall be filed with the trial court and served on plaintiffs counsel and each defendant. (3) If the defendant does not file an opposition challenging plaintiff's prima-facie evidence of physical impairment within the time permitted, the trial court shall determine ifthe plaintiffhas established prima-fucie evidence of physical impairment based on the papers and documentation submitted to the trial court. The trial court's decision shall be made in a timely manner. (4) If the defendant files an objection, the plaintiff may file a reply with the trial court within ten days of service of defendant's opposition. The reply must be served on each defendant. (5) The trial court shall determine if the plaintiff has established prima-facie evidence of physical impairment with respect to an asbestos claim or silica claim in a timely manner based on the papers and documentation submitted to the trial court. A hearing will be conducted only if the trial court so orders on its own motion, or if, in the exercise of discretion, the trial court grants a party's request for a hearing. No testimony shall be taken at the hearing. A decision of the trial court not to grant a request for a hearing may not be appealed and does not constitute reversible error. If the trial court determines that the plaintiff has failed to establish prima-facie evidence of physical impairment, it shall dismiss the plaintiffs complaint without prejudice.

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51-14-6. (a) All asbestos claims and silica claims filed in this state on or after the effective date of this chapter shall include a sworn information furm containing the following information:
(I) The exposed person's name, address, date of birth, social security number, and marital status; (2) If the exposed person alleges exposure to asbestos or silica through the testimony of another person or other than by direct or bystander exposure to a product or products, the name, address, date of birth, social security number, and marital status for each person by which claimant alleges exposure, hereafter the 'index person,' and the claimant's relationship to each person; (3) The specific location ofeach alleged exposure; (4) The specific asbestos-containing product or silica-containing product to which the exposed person was exposed and the manufacturer of each product; (5) The beginning and ending dates of each alleged exposure as to each asbestos-containing product or silica-containing product for each location at which exposure allegedly took place for plaintiff and for each index person; (6) The occupation and name of employer of the exposed person at the time of each alleged exposure; (7) The specific condition related to asbestos or silica claimed to exist; and (8) Any supporting documentation of the condition claimed to exist. (b) All asbestos claims and silica claims along with sworn information forms must be individually filed in separate civil actions except that claims relating to the exposure to asbestos or silica for the same exposed person whose alleged injury is the basis for the civil action may be joined in a single action. Otherwise, no claims on behalf of a group or class of persons shall be joined in single civil action.

51-14-7. (a) Until such time as the trial court enters an order determining that the plaintiff has established prima-facie evidence ofphysical impairment, no asbestos claim or silica claim shall be subject to discovery, except discovery related to establishing or challenging the prima-facie evidence of physical impairment or by order of the trial court upon motion of one of the parties and for good cause shown. (b) The medical criteria set forth in this chapter to establish prima-facie evidence of physical impairment are solely for the purpose of determining whether a claim meets the criteria to proceed in court. The fact that a plaintiff satisfies the criteria necessary to establish prima-facie evidence of physical impairment for an asbestos claim or silica claim shall not be construed as an admission or determination that the exposed person in fact has a condition related to exposure to asbestos or silica and shall not be cited, referred to, or otherwise used at trial. (c) Unless stipulated to by the parties, an expert report submitted for the purpose of establishing or challenging prima-facie evidence of physical impairment is inadmissible for any other purpose.

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51-14-8. (a) Notwithstanding Code Section 1-2-6 or 1-2-10, a civil action alleging an asbestos claim or silica claim may only be brought or maintained in the courts of Georgia if the plaintift; whether a citizen of Georgia or a citizen of some other state, is a resident of Georgia at the time of filing the action or the exposure to asbestos or silica on which the claim is based occurred in Georgia; provided, however, nothing contained in this chapter shall preclude a nonresident of Georgia who currently has a case pending in this state on the effective date of this chapter from maintaining an asbestos claim or silica claim if that nonresident can establish prima-facie evidence ofphysical impairment with respect to an asbestos claim or silica claim as provided in paragraph ( 15) or ( 16) of Code Section
51-14-2. (b) The trial court, on motion of a defendant, shall dismiss each asbestos claim or silica claim that is subject to this chapter against the defendant unless the plaintiff files a written statement with the trial court electing to abate the plaintiff's claim against the defendant for a period of 180 days from the date the trial court disposes of the defendant's motions in order to afford the plaintiff an opportunity to file a new action on the claims in another state of the United States.
(c)( 1) A trial court may not abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff, the defendant waives the right to assert a statute oflimitations defense in all other states of the United States in which the claim was not barred by limitations at the time the claim was filed in this state as necessary to effect a tolling of the limitations periods in those states beginning on the date the claim was filed in this state and ending on the date the claim is dismissed or the period of abatement ends. The fact that a claim subject to this Code section was barred by the statute of limitations in all other states of the United States at the time it was filed in this state shall not prevent the claim from being dismissed pursuant to this Code section and such claim shall be dismissed even if it can not be filed in another state. The trial court may not .abate or dismiss a claim under this Code section until the defendant files with the trial court or with the clerk of the court a written stipulation that, with respect to a new action on the claim commenced by the plaintiff in another state of the United States, the plaintiff may elect that the plaintiff and the defendant may rely on responses to discovery already provided under the Georgia Civil Practice Act, plus any additional discovery that may be conducted under the rules of civil procedure in another state, or use responses to discovery already provided and conduct additional discovery as permitted under the rules ofcivil procedure in such other state. (2) Ifless than all of the defendants agree to provide the stipulations set forth in paragraph ( 1) of this subsection, then the court shall dismiss the claims of those defendants who so stipulate.

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(d) To comply with this Code section in relation to an action that involves both claims that arose in this state and claims that arose outside this state, a trial court shall consider each claim individually and shall sever from the action the claims that are subject to this Code section. (e) If a plaintiff alleges that the exposed person was exposed to asbestos or silica while located in more than one jurisdiction, the trial court shall determine, for purposes of this Code section, which of the jurisdictions is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed person s exposure to ashe stos or silica in each jurisdiction.

51-14-9. Notwithstanding any other provision oflaw, an asbestos claim or silica claim that meets the requirements of this chapter permitting a claim to be filed in this state may only be filed in the county where the plaintiffresides or the county in which the exposure to asbestos or silica on which the claim is based occurred and that exposure was a substantial contributing factor to the physical impairment of the exposed person on which the plaintiff's claim is based. If a plaintiff alleges that an exposed person was exposed to asbestos or silica while located in more than one county, the trial court shall determine which of the counties is the most appropriate forum for the claim, considering the relative amounts and lengths of the exposed person's exposure to asbestos or silica in each of those counties.

51-14-10. A trial court may consolidate for trial any number and type of asbestos claims or silica claims with the consent of all the parties. In the absence of such consent, the trial court may consolidate for trial only asbestos claims or silica claims relating to the same exposed person and members of his or her household.'

SECTION 2. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and applies to all asbestos claims or silica claims filed on or after the effective date and to any pending asbestos claims or silica claims in which trial has not commenced as of the effective date.

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SECTION 4. AJ11aws and parts of laws in conflict with this Act are repealed.

Approved April 12,2005.

REVENUE- ADDITIONAL INCOME TAX DEDUCTIONS; GEORGIA NATIONAL GUARD FOUNDATION; INCOME TAX CHECK OFF.
No. 30 (House Bill No. 282).
AN ACT
To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes, so as to provide deductions in determining individual and corporate taxable net income for certain purchases which may be treated as expenses under federal law; to amend Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, so as to authorize taxpayers to make certain contributions through the income tax payment and refund process; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, computation, and exemptions regarding income taxes is amended by adding a new paragraph (14) in subsection (b) of Code Section 48-7-21, relating to taxation of corporations, to read as follows:
'(14) There shall be subtracted from taxable income the deduction provided and allowed by Section 179 of the Internal Revenue Code of 1986 as enacted on or before January 1, 2005, to the extent the deduction has not been included in the corporation" s taxable income, as defined under the Internal Revenue Code ofl986.'
SECTION 2. Said article is further amended in Code Section 48-7-27, relating to computation of taxable net income, by adding a new paragraph at the end of subsection (a), to be designated paragraph (14), to read as follows:
'( 14) The deduction provided and allowed by Section 179 of the Internal Revenue Code ofl986 as enacted on or before January 1, 2005, to the extent

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the deduction has not been included in federal adjusted gross income, as defined under the Internal Revenue Code of 1986, and the expenses have not been included in itemized nonbusiness deductions.'

SECTION 3. Article 3 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax returns and information, is amended by adding at its end a new Code Section 48-7-62 to read as follows:
'48-7-62. (a) Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia National Guard Foundation by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the foundation may designate such contribution as provided in this Code section on the appropriate income tax return form. (b) The Department of Revenue shall determine annually the total amount so contributed and shall transmit such amount to the Georgia National Guard Foundation. The Georgia National Guard Foundation is the nonprofit 501(c)(3) corporation whose purpose is to provide support to members of the Georgia Department ofDefense.'

SECTION 4. 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 I, 2005.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved April 12,2005.

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REVENUE- STATE AND LOCAL TAX REVISION ACT OF 2005.

No. 31 (House Bill No. 488).

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 2005"; to provide for a short title; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of federal law into Georgia law; to provide for applicability; to provide for the authority to establish fees for offer in compromises; to clarify that electronic funds transfer applies to use tax; to provide for electronic funds transfer requirements for third-party payroll providers; to clarify that no interest shall be paid when a taxpayer fails to claim credits listed in Article 2 of Chapter 7; to provide for performance review of county boards of tax assessors; to provide for selection of members of performance review boards; to provide for powers, duties, and authority of the state revenue commissioner; to amend the definition of the term "taxable nonresident"; to clarify the requirements with respect to the subtraction from taxable income of interest or dividends on obligations of the United States; to amend the requirements with respect to the sale or exchange of real or tangible personal property when the gain or loss is not recognized due to the purchase of similar property; to clarify the requirements with respect to the filing of consolidated returns for Georgia income tax purposes; to provide for the treatment of Georgia net operating losses for corporations; to claricy the treatment of the distributive share received by a nonresident member of a resident limited partnership or other similar nontaxable entity which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf; to clarify the requirements with respect to the subtraction from taxable income of interest or dividends on obligations of the United States; to amend the requirements with respect to the sale or exchange of real or tangible personal property when the gain or loss is not recognized due to the purchase of similar property; to clarify when the tax imposed by Chapter 7 shall apply to a corporation; to clarify the limitations with respect to base year port traffic increases; to clarify the requirements with respect to the assignment of corporate income tax credits; to clarify the commissioner's authority with respect to adjustments which may be made when the taxpayer's activities distort true net income or the taxpayer engages in improper activities; to clarify the definition of the term "nonresident" as defined in Article 5 of Chapter 7; to amend the definition of the term "wages"; to clarify the requirements with respect to credit or refund of estimated tax overpayment; to clarify the sales and use tax registration for vendors on certain state contracts and their affiliates; to provide for entitlement of vendors compensation only when a return and payment of sales and use tax is timely; to extend the sunset provision for distribution of unidentifiable sales and use tax proceeds to December 31, 2007; to provide for entitlement of

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vendors compensation only when a return and payment of motor fuel tax is timely; to amend the provisions regarding estate taxes; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. This Act shall be known and maybe cited as the "State and Local Tax Revision Act of2005."

SECTION 2. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraph (14) of Code Section 48-1-2, relating to defmitions of terms, and inserting in its place a new paragraph (14) to read as follows:
'( 14) 'Internal Revenue Code' or 'Internal Revenue Code of 198 6' means for taxable years beginning on or after January 1, 2005, the provisions of the United States Internal Revenue Code of 198 6 provided for in federal law enacted on or before January 1, 2005, except Section 168 (k), Section 199, and Section 1400L ofthe Internal Revenue Code of 1986 shall be treated as ifthey were not in effect. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code ofl954 as it existed on a specific date prior to January 1, 2005, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 195 4 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, 2005, provisions ofthe Internal Revenue Code of 1986 which were as of January 1, 2005, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes:

SECTION 3. Said title is further amended by striking Code Section 48-2-1 8.1, relating to tax settlement and compromise procedures, and inserting in its place a new Code Section 48-2-18.1 to read as follows:
'48-2-18.1. (a) The commissioner or his or her designee shall be authorized to settle and compromise any proposed tax assessment, any final tax assessment, or any tax fi. fa., where there is doubt as to liability or there is doubt as to collectability, and the settlement or compromise is in the best interests of the state. The commissioner shall develop procedures for the acceptance and rejection of offers in compromise. The commissioner shall keep a record of all settlements and compromises made and the reasons for each settlement and compromise.

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(b) Each offer in compromise shall be accompanied by a $100.00 nonrefundable application fee. If the offer is accepted by the commissioner, such application fee shall be treated as part of the offer. Such application fee shall not apply if the applicant's total monthly income is at or below levels based on the poverty guidelines established by the United States Department of Health and Human Services. Ifthis is the case, the applicant shall certify as such with their offer.'

SECTION 4. Said title is further amended by striking subsection (f) of Code Section 48-2-32, relating to forms of payment, and inserting in its place a new subsection (f) to read as follows:
'(f)(l) As used in this subsection, the term 'electronic funds transfer' means a method of making financial payments from one party to another through a series of instructions and messages communicated electronically, via computer, among financial institutions. Such term shall not include the electronic filing of tax returns. (2) The commissioner may require that any person or business owing more than $10,000.00 in connection with any return, report, or other document required to be filed with the department on or after July 1, 1992, shall pay any such sales tax, use tax, withholding tax, motor fuel distributor tax, corporate estimated income tax, or individual estimated income tax liability to the state by electronic funds transfer so that the state receives collectable funds on the date such payment is required to be made. In emergency situations, the commissioner may authorize alternative means of payment in funds immediately available to the state on the date of payment. (3) In addition to the requirements contained in paragraph (2) of this subsection, every employer whose tax withheld or required to be withheld under Code Section 48-7-103 exceeds $50,000.00 in the aggregate for the lookback period as defined in paragraph (4) of subsection (b) of Code Section 48-7-103 must pay the taxes by electronic funds transfer as follows:
(A) For paydays occurring on Wednesday, Thursday, or Friday, the taxes must be remitted on or before the following Wednesday or, in the case of a holiday, the next banking day thereafter; (B) For paydays occurring on Saturday, Sunday, Monday, or Tuesday, the taxes must be remitted on or before the following Friday or, in the case of a holiday, the next banking day thereafter; and (C) Notwithstanding any other provision of this paragraph to the contrary, for employers whose tax withheld or required to be withheld exceeds $100,000.00 for the payday, the taxes must be remitted by the next banking day. (4) In addition to the requirements contained in paragraphs (2) and (3) of this subsection, every third-party payroll provider who prepares or remits, or both, Georgia withholding tax for more than 250 employers must pay the taxes by electronic funds transfer.

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(5) The commissioner is specifically authorized to establish due dates and times for the initiation of electronic payments, establish an implementation schedule, promulgate regulations, and prescribe rules and procedures to implement this subsection. (6) A penalty of 10 percent of the amount due shall be added to any payment which is made in other than immediately available funds which are specified by regulation of the commissioner unless the commissioner has authorized an alternate means of payment in an emergency. (7) In addition to authority granted in Code Section 48-2-41, the commissioner is authorized to waive the collection of interest on electronic funds transfer payments, not to exceed the first two scheduled payments, whenever and to the extent that the commissioner reasonably determines that the defuult giving rise to the interest charge was due to reasonable cause and not due to gross or willful neglect or disregard of this subsection or regulations or instructions issued pursuant to this subsection. (8) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. (9) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations setting forth the procedure for satisfYing the signature requirement for returns whether by electronic signature, voice signature, or other means, so long as appropriate security measures are implemented which assure security and verification ofthe signature procedure. (1 0) Notwithstanding any provision of law to the contrary, the commissioner is authorized to pay all tax refunds by electronic funds transfer when requested by a taxpayer who has filed his or her return electronically with the department.'

SECTION 5. Said title is further amended by striking Code Section 48-2-35, relating to refunds, and inserting in its place a new Code Section 48-2-3 5 to read as follows:
'48-2-35. (a) A taxpayer shall be refunded any and all taxes or fees which are determined to have been erroneously or illegally assessed and collected from such taxpayer under the laws of this state, whether paid voluntarily or involuntarily, and shall be refunded interest, except as provided in subsection (b) of this Code section, on the amount of the taxes or fees at the rate of 1 percent per month from the date ofpayment ofthe tax or fee to the commissioner. For the purposes of this Code section, any period of less than one month shall be considered to be one month. Refunds shall be drawn from the treasury on warrants of the Governor issued upon itemized requisitions showing in each instance the person to whom the refund is to be made, the amount ofthe refund, and the reason for the refund. (b) No interest shall be paid if the taxes or fees were erroneously or illegally assessed and collected due to the taxpayer failing to claim any credits listed in

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Article 2 of Chapter 7 of this title on or before the due date for filing the applicable income tax return, including any extensions which have been granted.
(c)(1 )(A) A claim for refund of a tax or fee erroneously or illegally assessed and collected may be made by the taxpayer at any time within three years after:
(i) The date of the payment ofthe tax or fee to the commissioner; or (ii) In the case of income taxes, the later of the date ofthe payment ofthe tax or fee to the commissioner or the due date for filling the applicable income tax return, including any extensions which have been granted. (B) Each claim shall be filed in writing in the form and containing such information as the commissioner may reasonably require and shall include a summary statement ofthe grounds upon which the taxpayer relies. Should any person be prevented from filing such an application because of service of such person or such person's counsel in the armed forces during such period, the period of limitation shall date from the discharge of such person or such person's counsel from such service. A claim for refund may not be submitted by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (2) In the event the taxpayer desires a conference or hearing before the commissioner in connection with any claim for refund, he or she shall specify such desire in writing in the claim and, if the claim conforms with the requirements of this Code section, the commissioner shall grant a conference at a time he or she shall reasonably specify. (3) The commissioner or his or her delegate shall consider information contained in the taxpayer's claim for refund, together with such other information as may be available, and shall approve or disapprove the taxpayer's claim and notify the taxpayer of his or her action. (4) Any taxpayer whose claim for refund is denied by the commissioner or his or her delegate or whose claim is not decided by the commissioner or his or her delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county of the residence of the taxpayer, except that: (A) If the taxpayer is a public utility or a nonresident, the taxpayer shall have the right to bring an action for a refund in the superior court of the county in which is located the taxpayer's principal place of doing business in this state or in which the taxpayer's chief or highest corporate officer or employee resident in this state maintains his or her office; or (B) If the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident and maintaining his or her office in this state, the taxpayer shall have the right to bring an action for a refund in the Superior Court of Fulton County or in the superior court of the county in which the commissioner in office at the time the action is filed resides.

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(5) An action for a refund pursuant to paragraph (4) of this subsection may not be brought by the taxpayer on behalf of a class consisting of other taxpayers who are alleged to be similarly situated. (6) No action or proceeding for the recovery of a refund under this Code section shall be commenced before the expiration of one year from the date of filing the claim for refund unless the commissioner or his or her delegate renders a decision on the claim within that time, nor shall any action or proceeding be commenced after the expiration of two years from the date the claim is denied. The two-year period prescribed in this paragraph for filing an action for refund shall be extended for such period as may be agreed upon in writing between the taxpayer and the commissioner during the two-year period or any extension thereof. (d) In the event any taxpayer's claim for refund is approved by the commissioner or his or her delegate and the taxpayer has not paid other state taxes which have become due, the commissioner or department may set offthe unpaid taxes against the refund. When the setoff authorized by this subsection is exercised, the refund shall be deemed granted and the amount of the setoff shall be considered for all purposes as a payment toward the particular tax debt which is being set off. Any excess refund remaining after the setoffhas been applied shall be refunded to the taxpayer. (e) This Code section shall not apply to taxes paid or stamps purchased for
alcoholic beverages pursuant to Title 3:

SECTION 6. Said title is further amended by striking subsection (a) of Code Section 48-5-295.1, relating to the appointment of an independent performance review board, and inserting in its place a new subsection (a) to read as follows:
'(a) The county governing authority may, upon adoption of a resolution, request that a performance review of the county board of tax assessors be conducted. Such resolution shall be transmitted to the commissioner who shall appoint an independent performance review board within 30 days after receiving such resolution. The commissioner shall appoint three competent persons to serve as members of the performance review board, one of whom shall be an employee ofthe department and two of whom shall be assessors or chief appraisers who are not members of the board or a chiefappraiser for the county under review.'

SECTION 7. Said title is further amended by striking subparagraph (A) of paragraph (11) of Code Section 48-7-1, relating to definitions, and inserting in its place a new subparagraph (A) to read as follows:
'(A) Every individual who is not otherwise a resident of this state for income tax purposes and who regularly and not casually or intermittently engages within this state, by himself or herself or by means of employees, agents, or partners, in employment, trade, business, professional, or other activity for financial gain or profit including, but not limited to, the rental of

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real or personal property located within this state or for use within this state. 'Taxable nonresident' does not include a legal resident ofanother state whose only activity for financial gain or profit in this state consists of performing services in this state for an employer as an employee when the remuneration for the services does not exceed the lesser of 5 percent of the income received by the person for performing services in all places during any taxable year or $5,000.00;'

SECTION 8. Said title is further amended by striking subparagraph (b)(1 )(B) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new subparagraph (b)(1 )(B) to read as follows:
'(B) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent such interest or dividends are includable in gross income for federal income tax purposes but exempt from state income taxes under the laws of the United States. There shall also be subtracted from taxable income any income derived from the authorized activities of a domestic international banking facility operating pursuant to the provisions of Article SA of Chapter 1 of Title 7, the 'Domestic International Banking Facility Act,' and any income arising from the conduct of a banking business with persons or entities located outside the United States, its territories, or possessions. Any amount subtracted pursuant to this subparagraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income. The direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayer's average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer.'

SECTION 9. Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new paragraph (5) to read as follows:
'Reserved.'

SECTION 10. Said title is further amended by striking division (b)(7 )(A)(i) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new division (b)(7)(A)(i) to read as follows:
'(A)(i) Affiliated corporations which file a consolidated federal income tax return must file separate income tax returns with this state unless they have prior approval or have been requested to file a consolidated return by the department. The commissioner shall by regulation provide the time

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period within which the permission must be requested. A request for permission beyond such time period will not be considered and will result in the filing of separate income tax returns for the applicable year.'

SECTION 11. Said title is further amended by striking the "Reserved" designation of paragraph (10) of subsection (b) of Code Section 48-7-21, relating to taxation of corporations, and inserting in its place a new paragraph (10) to read as follows:
'(1 0) Net operating losses for corporations shall be treated as follows: (A) For any taxable year in which the taxpayer takes a federal net operating loss deduction on its federal income tax return, the amount of such deduction shall be added back to federal taxable income, and Georgia taxable net income for such taxable year shall be computed from the taxpayer's federal taxable income as so adjusted. There shall be allowed as a separate deduction from Georgia taxable net income so computed an amount equal to the aggregate of the Georgia net operating loss carryovers to such year, plus the Georgia net operating loss carrybacks to such year; (B) The Georgia net operating loss for such taxable year shall be computed by making the adjustments to federal taxable income required by this article and in the case of corporations doing business both within and outside Georgia, by apportioning and allocating to Georgia, as provided in Code Section 48-7-31, only the amount of the loss attributable to operations within Georgia. The term 'Georgia net operating loss' shall mean the loss computed as provided in this paragraph. In the event the net Georgia adjustments completely of15et a federal net operating loss, there shall be no Georgia net operating loss for the taxable year, and any excess of net Georgia adjustments over the federal net operating loss shall constitute Georgia taxable net income after any such excess has been allocated and apportioned to Georgia as provided in Code Section 48-7-31. The procedural sequence of taxable years to which a Georgia net operating loss may be carried back or carried over, and the number of years for which a net operating loss may be carried back or carried over, shall be the same as provided in the Internal Revenue Code. The terms 'Georgia net operating loss carryback' and 'Georgia net operating loss carryover' shall mean the Georgia net operating loss for the applicable year carried back or carried over in the manner and for the number of years as provided in this paragraph; (C) In the event the taxpayer elects to forgo the carryback period for the federal net operating loss as- allowed under the Internal Revenue Code, the taxpayer shall also furgo the carryback period for Georgia purposes. If the taxpayer does not elect to forgo the carryback period for the federal net operating loss, the election to forgo the net operating loss period shall not be allowed for Georgia purposes. If the taxpayer does not have a federal net operating loss, the taxpayer may make an irrevocable election to forgo the carryback period for the Georgia net operating loss, provided that an affirmative statement is attached to the Georgia return for the year of the

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loss. Such election must be made on or before the due date for filing the income tax return for the taxable year wherein the loss was incurred, including any extensions which have been granted; (D) The provisions of Sections 108, 381, 382, and 384 of the Internal Revenue Code of 1986, as amended, as they relate to net operating losses also apply for Georgia purposes. The commissioner shall by regulation provide the method of determining how such sections apply; (E) In the event a taxpayer is entitled to a refund of income taxes by reason of a net operating loss carryback, a claim for such refund must be filed within three years after the due date for filing the income tax return for the taxable year wherein the loss was incurred, including any extensions which have been granted. Such tax refund shall be deemed to have been erroneously assessed and collected, and shall be paid under the provisions of Code Section 48-2-3 5; provided, however, that no interest shall accrue or be paid for any period prior to the close of the taxable year in which such net operating loss arises and no interest shall be paid if the claim for refund is processed within 90 days from the last day of the month in which the claim for such refund is filed; and (F) The commissioner shall have the authority to promulgate regulations regarding net operating losses with respect to this paragraph and with respect to consolidated return net operating losses:

SECTION 12. Said title is further amended by striking subsection (c) of Code Section 48-7-24, relating to nonresident members of resident partnerships and resident members of nonresident partnerships, and inserting in its place a new subsection (c) to read as follows:
'(c) Notwithstanding any other provision of this chapter to the contrary, the distributive share of a nonresident member of a resident limited partnership or other similar nontaxable entity which derives income exclusively from buying, selling, dealing in, and holding securities on its own behalf and not as a broker shall not constitute taxable income under this chapter. For purposes of this subsection, a resident limited partnership or similar nontaxable entity shall not include a family limited partnership or similar nontaxable entity the majority interest of which is owned by one or more natural or naturalized citizens related to each other within the fuurth degree of reckoning according to the laws of descent and distribution. This subsection shall not apply to a person that participates in the management of the resident limited partnership or other similar nontaxable entity or that is engaged in a unitary business with another person that participates in the management ofthe resident limited partnership or other similar nontaxable entity."

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SECTION 13. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 48-7-27, relating to computation of taxable net income, and inserting in its place a new paragraph (2) to read as follows:
'(2) There shall be subtracted from taxable income interest or dividends on obligations of the United States and its territories and possessions or of any authority, commission, or instrumentality of the United States to the extent includable in gross income for federal income tax purposes but exempt from state income taxes under the laws ofthe United States. Any amount subtracted under this paragraph shall be reduced by any interest expenses directly or indirectly attributable to the production of the interest or dividend income. For all taxpayers except individuals, the direct and indirect interest expense shall be determined by multiplying the total interest expense by a fraction, the numerator of which is the taxpayer's average adjusted bases of such United States obligations, and the denominator of which is the average adjusted bases for all assets of the taxpayer:

SECTION 14. Said title is further amended by striking paragraph (6) of subsection (b) of Code Section 48-7-27, relating to computation of taxable net income, and inserting in its place a new paragraph (6) to read as follows:
'Reserved:

SECTION 15. Said title is further amended by striking subsection (a) of Code Section 48-7-31, relating to taxation of corporations, the allocation and apportionment formula, and the formula for apportionment, and inserting in its place a new subsection (a) to read as follows:
'(a) The tax imposed by this chapter shall apply to the entire net income, as defmed in this article, received by every foreign or domestic corporation owning property within this state, doing business within this state, or deriving income from sources within this state to the extent permitted by the United States Constitution. A corporation shall be deemed to be doing business within this state if it engages within this state in any activities or transactions for the purpose of financial profit or gain whether or not:
(1) The corporation qualifies to do business in this state; (2) The corporation maintains an office or place of doing business within this state; or (3) Any such activity or transaction is connected with interstate or foreign commerce:

SECTION 16. Said title is further amended by striking paragraph (3) of subsection (e) of Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, and inserting in its place a new paragraph (3) to read as follows:

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'(3)(A) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.7,48-7-40.8, or 48-7-40.9 shall be allowed for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (B) The tax credit established by this Code section in lieu of Code Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) The tax credit established by this Code section in addition to that pursuant to Code Section 48-7-40 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (D) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee ofthe taxpayer.'

SECTION 17. Said title is further amended by striking subsection (b) of Code Section 48-7-42, relating to affiliated entities and assignment of corporate income tax credits, and inserting in its place a new subsection (b) to read as follows:
'(b) In lieu of claiming any Georgia income tax credit for which a taxpayer otherwise is eligible for the taxable year (such eligibility being determined for this purpose without regard to any limitation imposed by reason of the taxpayer's precredit income tax liability), the taxpayer may elect to assign such credit in whole or in part to one or more affiliated entities for such taxable year by attaching a statement to the taxpayer's return for the taxable year; provided, however, that no carryover attributable to the unused portion of any previously claimed or assigned credit may be assigned or reassigned, except as provided in subsection (d) of this Code section. Such election must be made on or before the due date for filing the applicable income tax return, including any extensions which have been granted. In the case of any credit that must be claimed in installments in more than one taxable year, the election under this subsection may be made on an annual basis with respect to each such installment, provided that the taxpayer shall notify the commissioner with respect to the assignment of each such installment by filing a separate copy of the election statement for such installment no later than the due date for filing the applicable income tax return, including any extensions which have been granted. Once made, an election under this subsection shall be irrevocable.'

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SECTION 18. Said title is further amended by striking Code Section 48-7-58, relating to taxpayer activities distorting true net income, and inserting in its place a new Code Section 48-7-58 to read as follows:
'48-7-58. (a) When the commissioner has reason to believe that any taxpayer conducts his or her trade or business so as to evade taxes, distort directly or indirectly his or her true net income, or distort directly or indirectly the net income properly attributable to this state, whether by the arbitrary shifting of income, through price fixing, charges for service, or otherwise, as a result of which the net income is arbitrarily assigned to a person related to the taxpayer, the commissioner may require the facts as he or she deems necessary for the proper computation of the entire net income and the net income properly attributable to this state. In determining the computation, the commissioner shall consider the fair profit which would normally arise from the conduct of the trade or business. The commissioner shall by regulation provide when to apply this subsection.
(b)(I) Additionally, the commissioner may determine the amount of taxable income of any one or more corporations for a calendar or fiscal year when a corporation:
(A) Subject to taxation under this chapter conducts its business in such manner as to benefit either directly or indirectly the members or stockholders of the corporation or any person interested in the business of the corporation by selling its products or the goods or commodities in which it deals at less than the fair price which might be obtained for the goods or commodities; (B) A substantial portion of whose capital stock is directly or indirectly owned by another corporation acquires and disposes of the products of the corporation so owning a substantial portion of its stock in such a manner as to create a loss or improper net income for either of the corporations; or (C) Directly or indirectly owning a substantial portion of the stock of another corporation acquires and disposes of the products of the corporation of which it so owns a substantial portion of the stock in such a manner as to create a loss or improper net income for either of the corporations. (2) In his or her determination, the commissioner shall consider the reasonable profits which, but for the arrangement or understanding, might or could have been obtained by the corporation or corporations subject to taxation under this chapter from dealing in such products, goods, or commodities:

SECTION 19. Said title is further amended by striking paragraph (6.2) of Code Section 48-7-100, relating to defmitions, and inserting in its place a new paragraph (6.2) to read as follows:
'(6.2) 'Nonresident' shall mean an individual or fiduciary member who resides outside this state and all other members whose headquarters or principal place ofbusiness is located outside this state.'

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SECTION 20. Said title is further amended by striking subparagraph (K) of paragraph (10) of Code Section 48-7-100, relating to definitions, and inserting in its place a new subparagraph (K) to read as follows:
'(K) For services performed by a nonresident if the nonresident has been employed within this state for no more than 23 calendar days during the calendar quarter and the nonresident is not a taxable nonresident as defined in Code Section 48-7-1; or'

SECTION 21. Said title is further amended by striking Code Section 48-7-121, relating to credit of estimated tax payment, and inserting in its place a new Code Section 48-7-121 to read as follows:
'48-7-121. (a) As used in this Code section, the term:
(1) 'Final return' means the original income tax return filed by the taxpayer for the tax year or an amended return filed on or before the due date of the return without extensions. Such term does not include any other amended income tax return for the period or an estimated tax return. (2) 'Income tax liability for a taxable year' means the taxpayer's income tax liability as calculated under Code Section 48-7-20 or 48-7-21 for the taxable year reduced (but not below zero) by all nonrefundable credits to which the taxpayer is entitled. Nonrefundable credits include any credit that is limited by the taxpayer's income tax liability or some percentage thereof. (3) 'Other credits allowed by law' means only those income tax credits that are refundable, such as the credit for income tax withholding and the credit allowed by Code Section 48-7-28.1. Refundable credits do not include any credit that is limited by the taxpayer's income tax liability or some percentage thereof. (b) The amount of estimated tax paid under this article for any taxable year shall be allowed as a credit to the taxpayer against the taxpayer's income tax liability under Code Section 48-7-20 or 48-7-21 for the taxable year. (c) To the extent that the estimated tax credit, together with other credits allowed by law, is in excess of the taxpayer's income tax liability for a taxable year as shown on a final return filed by the taxpayer for that year, the overpayment shall be considered as taxes erroneously paid and shall be credited or refunded as provided in this subsection. The overpayment shall be credited to the taxpayer's estimated income tax liability for the succeeding taxable year unless the taxpayer claims a refund for the overpayment. The commissioner may consider any final return showing an overpayment as a claim for refund per se. An overpayment shall bear no interest if credit is given for the overpayment. Amounts refunded as overpayments shall bear interest at the rate provided in Code Section 48-2-35 but only after 90 days from the filing date of the final return showing the overpayment or 90 days from the due date of the fmal return, whichever is later.'

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SECTION 22. Said title is further amended by adding a new Code section immediately following Code Section 48-8-13 to be designated Code Section 48-8-14, to read as follows:
'48-8-14. (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. The term 'state agency' shall not include any county, municipality, or local or regional governmental authority. (b) On or after the effective date of this Code section, the Department of Administrative Services and any other state agency 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 ifthe 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 this chapter on its sales delivered to Georgia. (c) The Department of Administrative Services and any other state agency may contract for goods or services, or both, with a source prohibited under subsection (b) of this Code section 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 Administrative Services and any other state agency of its determination within three business days ofa 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 name of the vendor's affiliate, and the certificate of registration number as provided for under Code Section 48-8-59 for the vendor and affiliate of the vendor. (f) The commissioner is specifically authorized to promulgate regulations to implement this Code section.'

SECTION 23. Said title is further amended by striking subsection (b) of Code Section 48-8-50, relating to vendors compensation, and inserting in its place a new subsection (b) to read as follows:
'(b) Each dealer required to file a return under this article shall include such dealer's certificate of registration number or numbers for each sales location or affiliated entity of such dealer on such return. In reporting and paying the amount of tax due under this article, each dealer shall be allowed the following deduction, but only if the return was timely filed and the amount due was not delinquent at the time of payment; and that deduction shall be subject to the provisions of subsection (f) of this Code section pertaining to calculation of the deduction when more than one tax is reported on the same return:

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(1) With respect to each certificate of registration number on such return, a deduction of 3 percent of the first $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (2) With respect to each certificate of registration number on such return, a deduction of one-half of I percent of that portion exceeding $3,000.00 of the combined total amount of all sales and use taxes reported due on such return for each location other than the taxes specified in paragraph (3) of this subsection; (3) With respect to each certificate of registration number on such return, a deduction of 3 percent of the combined total amount due of all sales and use taxes on motor fuel as defined under paragraph (9) of Code Section 48-9-2, which are imposed under any provision of this title, including, but not limited to, sales and use taxes on motor fuel imposed under any of the provisions described in subsection (f) of this Code section but not including Code Section 48-9-14; and (4) A deduction with respect to Code Section 48-9-14, as defined in paragraph (5.1) of Code Section 48-8-2, shall be at the rate of one-half of I percent of the total amount due of the prepaid state tax reported due on such return, so long as the return and payment are timely, regardless of the classification of tax return upon which the remittance is made.'

SECTION 24. Said title is further amended by striking subsection (h) of Code Section 48-8-67, relating to distribution of unidentifiable proceeds, and inserting in its place a new subsection (h) to read as follows:
'(h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2007, unless such authority is extended by a subsequent general Act of the General Assembly.'

SECTION 25. Said title is further amended by striking subsection (b) of Code Section 48-9-8, relating to tax reports of motor fuel distributors, 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 to the state. The allowance shall not be deductible unless the report and payment oftax are made on or before the twentieth day of the month as required by this article.'

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SECTION 26. Said title is further amended by adding a new Code section immediately following Code Section 48-12-1, to be designated Code Section 48-12-1.1, to read as follows:
'48-12-1.1. This chapter shall not apply to any estate with a date of death which occurred in a year for which the Internal Revenue Code does not allow a credit for state death taxes.'

SECTION 27. (a) Section 2 of this Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 2005, 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. (b) Section 4 of this Act shall become effective on its approval by the Governor or upon its becoming law without such approval and shall be applicable to all payments made on or after July 1, 2005. (c) Sections 7, 8, 11, and 13 of this Act shall become effective on their approval by the Governor or upon their becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2005. (d) Section 20 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all calendar quarters beginning on or after July 1, 2005. (e) Sections 3, 6, 23, and 25 ofthis Act shall become effective on July 1, 2005. (f) This section and Sections 1, 5, 10, 12, 15, 16, 17, 18, 19, 21, 22, 24, and 28 of this Act shall become effective on their approval by the Governor or upon their becoming law without such approval. (g) Section 26 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 estates of decedents with a date ofdeath after December 31, 2004. (h) Sections 9 and 14 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 2004.

SECTION 28. All laws and parts of laws in conflict with this Act are repealed.

Approved April 12,2005.

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LOCAL GOVERNMENT-STATE GOVERNMENTENACT GEORGIA LAND CONSERVATION ACT.

No. 32 (House Bill No. 98).

AN ACT

To amend Chapter 22 of Title 36 of the Official Code of Georgia Annotated, relating to community greenspace preservation, so as to provide a short title; to provide for state and local government activities with respect to land conservation; to state legislative intent; to defme terms; to create the Georgia Land Conservation Council and provide for its membership, powers, duties, and operations; to provide for a land conservation program; to create the Georgia Land Conservation Trust Fund and to create the Georgia Land Conservation Revolving Loan Fund and provide for sources of funding, as well as grants and other disbursements from said funds; to provide for eligibility for and award and disbursement of grants to counties, cities, and the Department of Natural Resources; to authorize the Department of Natural Resources to provide for management of property so acquired; to provide for promulgation of certain rules and regulations by the Georgia Environmental Facilities Authority; to encourage partnerships with the private sector; to provide for the transfer of funds from the Georgia Greenspace Trust Fund to the Georgia Land Conservation Trust Fund; to amend Code Section S0-13-2 of the 0 fficial Code of Georgia Annotated, relating to definitions relative to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," so as to redefine 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:

SECTION 1. This Act shall be known and may be cited as the "Georgia Land Conservation Act."

SECTION 2. Chapter 22 of Title 36 of the Official Code of Georgia Annotated, relating to community greenspace preservation, is amended by striking the chapter in its entirety and inserting in lieu thereof a new Chapter 22 to read as fullows:

'CHAPTER 22

36-22-1. The intent of this chapter is to provide a flexible framework within which cities and counties in this state, the Department of Natural Resources, other state and federal agencies, and private partners can protect the state's valuable natural resources. The General Assembly recognizes that the state-wide network ofland and water resources, the state's prime agricultural and forestry lands and its

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natural, cultural, historic, and recreational areas are a priceless legacy that enhance the health of ecosystems, encourage working landscapes, foster natural resource stewardship, sustain a healthy economy, and promote a sustainable high quality of lire for current and future generations of Georgians. The process provided by this chapter is intended to promote partnerships for the conservation of land resources that are identified by cities or counties as locally valuable or identified by the Department of Natural Resources as having state-wide significance. This chapter will also provide land conservation funding options, which will augment currently available local, state, and federal funding.

36-22-2. As used in this chapter, the term:
(1) 'Authority' means the Georgia Environmental Facilities Authority established in Code Section 50-23-3. (2) 'City' means a statutorily established municipal government. (3) 'Community land conservation project' means a conservation land project sponsored by cities and counties in this state to accomplish strategic investment in protection of locally identified land resources with high environmental values or conservation benefits. (4) 'Conservation easement' means a conservation easement established in accordance with Code Section 44-10-2. (5) 'Conservation land' means permanently protected land and water, or interests therein, that is in its undeveloped, natural state or that has been developed only to the extent consistent with, or is restored to be consistent with, one or more ofthe following goals:
(A) Water quality protection for rivers, streams, and lakes; (B) Flood protection; (C) Wetlands protection; (D) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (E) Protection ofriparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (F) Protection ofprime agricultural and forestry lands; (G) Protection of cultural sites, heritage corridors, and archaeological and historic resources; (H) Scenic protection; (I) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and (J) Connection of existing or planned areas contributing to the goals set out in this paragraph. (6) 'Costs of acquisition' means all direct costs of activities which are required by applicable state laws and local ordinances or policies in order to obtain fee simple or lesser interests in real property or to convey a conservation easement to a holder who will ensure the permanent protection of the property as

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conservation land. Said costs shall include the purchase price, if any; the costs of due diligence investigation, such as appraisals, surveys, phase 1 environmental reports, and title searches; title insurance; fees for services related to the direct acquisition of the real property, such as holding costs, overhead costs, finder's fees, and real estate commissions; attorney fees; pro rata ad valorem taxes; resource stewardship; and other costs related to closing the transaction; provided, however, that said costs shall not include any costs for services provided in violation of Chapter 40 ofTitle 43. (7) 'Council' means the Georgia Land Conservation Council established by this chapter. (8) 'County' shall include consolidated county and municipal governments as well as a county. (9) 'Department' means the Georgia Department of Natural Resources established in Code Section 12-2-1. (1 0) 'Permanently protected land and water' means those resources:
(A) Owned by the federal government and designated for recreation, conservation, or natural resource; (B) Owned by the State of Georgia and dedicated as a heritage preserve; (C) Owned by a state or local unit of government or authority and subject to:
(i) A conservation easement that ensures that the land will be maintained as conservation land; (ii) Contractual arrangements that ensure that, if the protected status is discontinued on a parcel, such property will be replaced by other conservation land which at the time of such replacement is of equal or greater monetary and resource protection value; (iii) A restrictive covenant in fuvor of a federal governmental entity; or (iv) A permanent restrictive covenant as provided in subsection (c) of Code Section 44-5-60; (D) Owned by any person or not for profit or for profit entity, subject to a conservation easement that ensures that the land will be maintained as conservation land; or (E) Permanently legally protected by any other method that ensures the conservation land will remain forever in uses which further the goals of this chapter. (11) 'Revolving loan fund' means the Georgia Land Conservation Revolving Loan Fund established by this chapter. ( 12) 'State land conservation project' means conservation land projects sponsored by the department to accomplish the strategic investment in protection of land resources identified by the department as having high environmental values or conservation benefits. {13) 'Trust fund' means the Georgia Land Conservation Trust Fund established by this chapter.

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36-22-3. (a) There is created the Georgia Land Conservation Council. The council shall be composed of the state property officer, who shall serve as chairperson, the commissioner ofnatural resources, the director of the State Forestry Commission, the executive director of the State Soil and Water Conservation Commission, the commissioner of the Department of Community Affuirs, and four additional members to be appointed by and to serve at the pleasure of the Governor. (b) The members of the council shall receive no compensation for their services on the council but shall be reimbursed for actual expenses incurred while discharging the duties imposed upon them by this chapter. (c) For administrative purposes, the council shall be attached to the authority. The authority shall provide staff support to the council, utilizing personnel and funds available to the authority.

36-22-4. (a) The Department of Natural Resources may establish a land conservation program consistent with the purposes of this chapter. (a.l) There is established the Georgia Land Conservation Trust Fund and the Georgia Land Conservation Revolving Loan Fund to consist of any moneys paid to the authority under intergovernmental contract for purposes of this chapter, voluntary contributions to such funds, any federal moneys deposited in such funds, other moneys acquired for the use of such funds by any fund raising or other promotional techniques deemed appropriate by the authority, and all interest thereon. Moneys which are restricted as to their usage, including, but not limited to, restrictions on the kinds of projects for which the moneys can be expended or loaned, on the entity that can receive grants or loans of such moneys, on the manner in which such moneys can be expended or loaned, and any other condition, limitation, or restriction, may nevertheless be deposited in the funds so long as any such restriction does not prevent the moneys so deposited from being expended, loaned, or otherwise used in a manner that is consistent with the purposes of this chapter. All balances in the funds shall be deposited in interest-bearing accounts. The authority shall administer the funds, shall grant or loan moneys held in the funds in furtherance ofthe purposes of and pursuant to the provisions of this chapter, and shall prepare, by June 30 of each year, an accounting of the funds received and expended from the funds. The report shall be made available to the council, to the members of the General Assembly, and to members of the public on request. (b) Within the trust fund, moneys shall be made available in each fiscal year for grants to cities and counties having an approved community land conservation project, having complied with state laws, regulations, contracts, and agreements, and having matching funds at a percentage of the total project cost as established by the authority or for grants to the department having an approved state land conservation project. (c) Within the revolving loan fund, moneys shall be made available in each fiscal year for loans to cities and counties having approved community land

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conservation projects or for loans to state authorities specified by the department for purposes of approved state land conservation projects of the department. Any such loan shall bear interest at a rate established by the authority. (d) Moneys granted from the trust fund or from the revolving loan fund shall be expended solely to defray the costs of acquisition of conservation land as defined in this chapter or of conservation easements which contribute to the goals set out for conservation land in Code Section 36-22-2. (e) As a condition of project approval and release of funds, cities, counties, and the department are required to record acquisitions ofreal or partial interest in land purchased by grants or loans established in this chapter with the Department of Natural Resources.
(t)( 1) Each Georgia income tax return form for taxable years beginning on or after January 1, 2005, shall contain appropriate language, to be determined by the state revenue commissioner, offering the taxpayer the opportunity to contribute to the Georgia Land Conservation Trust Fund established in subsection (a) of this Code section by either donating all or any part of any tax refund due, by authorizing a reduction in the refund check otherwise payable, or by contributing any amount over and above any amount of tax owed by adding that amount to the taxpayer's payment. The instructions accompanying the income tax return form shall contain a description of the purposes for which this fund was established and the intended use of moneys received from the contributions. Each taxpayer required to file a state income tax return who desires to contribute to the Georgia Land Conservation Trust Fund may designate such contribution as provided in this Code section on the appropriate income tax return form. (2) The Department of Revenue shall determine annually the total amount so contributed, shall withhold therefrom a reasonable amount for administering this voluntary contribution program, and shall transmit the balance to the authority for deposit in the Georgia Land Conservation Trust Fund established in subsection (a) of this Code section; provided, however, that the amount retained for administrative costs shall not exceed $50,000.00 per year. If, in any tax year, the administrative costs of the Department of Revenue for collecting contributions pursuant to this Code section exceed the sum of such contributions, the administrative costs which the Department of Revenue is authorized to withhold from such contributions shall not exceed the sum of such contributions. (g) The department may, by agreement with such city or county, accept and administer property acquired by a city or county pursuant to this chapter or may make such other agreements for the ownership and operation of the property as are outlined in Code Sections 12-3-32 and 27-1-6. (h) Cities, counties, and the department may, by agreement with tax-exempt organizations under Section 50 l (c)(3) of the federal Internal Revenue Code as established in a memorandum of understanding adopted by the council, enter into partnerships to assist with the development of land conservation project proposals, to assist with the establishment of a local funding match, and to accept

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and administer property acquired by a city or county or the department pursuant to this chapter.

36-22-5. Reserved.

36-22-6. Reserved.

36-22-7. Reserved.

36-22-8. (a) Approval of a community land conservation project proposal for purposes of this chapter or a state land conservation project proposal for purposes of this chapter shall be accomplished as provided for in this Code section. Cities or counties and the department shall develop and submit community and state land conservation projects using rules and regulations established by the authority. Cities, counties, and the department may develop community and state land conservation proposals in partnership with nonprofit environmental and conservation organizations and organizations that are tax-exempt under Section 50l(c)(3) of the federal Internal Revenue Code. The department shall make available its geographic information systems data as described in Code Section 36-22-13 to cities and counties to assist them in the development of community land conservation proposals. (b) The authority shall review each land conservation project for fiscal merit, fur the capacity of the applicant to fulfill its matching fund or loan repayment commitments, for the fiscal solvency of the entity identified as responsible for protecting and managing the conservation land or conservation easement, and for compliance with all applicable terms and conditions of this chapter. The authority shall make a recommendation based on its review of each land conservation project to the council, including recommended funding sources, funding levels, and the terms and conditions ofthose funds.
(c)( 1) The department shall review each land conservation project proposal for its strategic investment in land resources with high environmental values or conservation benefits; fur consistency with the land conservation goals set forth in this chapter and the land conservation priorities set forth by the Governor; for the merit of a plan for long-term management of the conservation land or conservation easement; and for compliance with all applicable terms and conditions ofthis chapter. (2) The department shall make a recommendation based on its review of each land conservation project to the council, including any terms and conditions of those funds. (d) The council shall review each land conservation project proposal and shall consider the recommendations of the authority and the department, as well as the

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procedures, conditions, components, priorities, and criteria set forth in subsections (c) and (e) of this Code section, and any rules and regulations promulgated by the authority. The decision of the council that a land conservation project complies with all ofthe required terms and conditions and is approved shall cause the city, county, or department to become eligible for funding pursuant to the terms of this chapter and of the project approval. The authority shall then be responsible for the execution of each such project approval decision of the council. (e) The council shall adopt procedures to review and determine the disposition of project proposals including, but not limited to, a schedule of meetings on an as needed basis, but not less than quarterly, at which project proposals will be considered; the components required to comprise a project proposal; the format in which project proposals will be presented for consideration by the council; the conditions which provide priority ranking to be used in reviewing the merits of project proposals; and the means, such as a memorandum of understanding, by which organizations that are tax-exempt under Section 50l(c)(3) of the federal Internal Revenue Code may enter into partnerships with cities or counties or the department to assist with the development and implementation of project proposals. (f) The council shall use, at a minimum, the following criteria in granting project approval:
( 1) The project shall promote the permanent protection of conservation land; (2) The identification and commitment to the employment of local land use ordinances and local conservation and preservation ordinances, policies, and regulations which further the achievement of the permanent protection of conservation land; and (3) Project proposals which are multijurisdictional in scope or regional in impact will receive additional ranking points. (g) The council, the authority, the department, and the Georgia Building Authority shall enter into contracts or memorandums of understanding, as appropriate and consistent with the intent and provisions of this chapter, setting forth the details of how they will each discharge, in cooperation with the others, their respective responsibilities under this chapter.

36-22-9. Grants for state land conservation projects sponsored by the department may be made by the authority to the Georgia Building Authority at the request of the department. It is also contemplated that grants may in appropriate cases be made for the acquisition of land and that the grantee shall be permitted to place the needed and appropriate conservation easements on such land to ensure its permanent protection as contemplated in this chapter and that the grantee would then be entitled to resell the land to private parties at the highest obtainable price and return the proceeds to the trust fund for reuse for additional grants.

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36-22-10. Any city or county of this state shall be eligible to submit a land conservation project fur approval pursuant to the terms of this chapter.

3 6-22-11. Moneys in the trust fund or revolving loan fund shall be made available to all cities and counties in the state and to the department for preservation ofland or conservation easements on land. The authority is authorized and directed to accept and review project proposals for such moneys under terms, conditions, and procedures to be established by regulation of the authority and is authorized to make such grants or loans in such amounts as it deems appropriate. Any such grant or loan shall be administered in a manner consistent with purposes of this chapter and any regulations promulgated by the authority and the council applicable to such grants and loans, together with the terms and conditions of any such grant or loan.

36-22-12. The authority is authorized to promulgate such rules and regulations as it may deem advisable to implement the terms of this chapter; provided, however, that for purposes of this chapter the authority shall be an agency subject to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The authority is authorized to audit, or have audited, the use of moneys from the trust fund or revolving loan fund or the use of properties obtained in whole or in part by the use of such moneys.

36-22-13. (a) The department shall establish the State Land Conservation Geographic Information System by maintaining its current geographic information system data and maps related to land conservation; annually updating its land conservation data and maps based on the acquisitions of community and state conservation projects; and monitoring progress in protecting the state's land resources. (b) The department shall make its geographic information system data and maps available to cities and counties to assist them in the strategic investment of community conservation projects in land resources with high environmental values or conservation benefits as based on the conservation goals set forth in this chapter. (c) The department shall cooperate with the State Forestry Commission, the State Soil and Water Conservation Commission, The University System of Georgia Cooperative Extension Service and other institutions and organizations with outreach programs designed for landowners to provide technical support on land conservation. The department shall assist cities and counties with the development of community land conservation project proposals including, but not limited to, program requirements and technical assistance with real estate transactions.

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36-22-14. The General Assembly recognizes the critical role nonprofit conservation organizations and organizations that are tax-exempt under Section 50l(c)(3) of the federal Internal Revenue Code have in partnering with cities, counties, and the state in accomplishing the land conservation goals as set forth in this chapter. Therefore, the state looks to these organizations to provide program education to the pub lie and private sector; to partner with cities, counties, and the department in the identification and development of land conservation project proposals; to promote existing and new partnership enhancement tools; to promote transferable partnership models, including demonstration projects to assist cities and counties with securing the local funding match; and to take an active role in the permanent protection of conservation lands by holding fee simple title or easements to lands.

36-22-15. The Georgia Land Conservation Trust Fund established pursuant to Code Section 36-22-4 shall be a successor to the former Georgia Greenspace Trust Fund and, on the effective date of this Act, all funds in the Georgia Greenspace Trust Fund shall be transferred into the Georgia Land Conservation Trust Fund.'

SECTION 3. Code Section 50-13-2 of the Official Code of Georgia Annotated, relating to defmitions relative to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," is amended by striking paragraph (1) and inserting in lieu thereof the following:
'(1) 'Agency' means each state board, bureau, commission, department, activity, or officer authorized by law expressly to make rules and regulations or to determine contested cases, except the General Assembly; the judiciary; the Governor; the State Board ofPardons and Paroles; the State Financing and Investment Commission; the State Properties Commission; the Board ofBar Examiners; the Board of Corrections and its penal institutions; the State Board of Workers' Compensation; all public authorities except as otherwise expressly provided by law; the State Personnel Board (Merit System); the Department of Administrative Services or commissioner of administrative services; the Department of Technical and Adult Education; the Department of Revenue when conducting hearings relating to alcoholic beverages; the Georgia Tobacco Community Development Board; the Georgia Higher Education Savings Plan; any school, college, hospital, or other such educational, eleemosynary, or charitable institution; or any agency when its action is concerned with the military or naval affairs of this state. The term 'agency' shall include the State Board of Education and Department of Education, subject to the following qualifications:
(A) Subject to the limitations of subparagraph (B) of this paragraph, all ' otherwise valid rules adopted by the State Board of Education and
Department of Education prior to January 1, 1990, are ratified and validated

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and shall be effective until January 1, 1991, whether or not such rules were adopted in compliance with the requirements ofthis chapter; and (B) Effective January 1, 1991, any rule of the State Board of Education or Department of Education which has not been proposed, submitted, and adopted in accordance with the requirements of this chapter shall be void and of no effect.'

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved April 14,2005.

"THOMAS B. DARIENG, SR. HIGHWAY"; DESIGNATE.
No. 33 (Senate Resolution No. 280).
A RESOLUTION
Commending Thomas B. Darieng's service to Bryan County and dedicating the "Thomas B. Darieng, Sr., Highway"; and for other purposes.
WHEREAS, Thomas B. Darieng moved to Bryan County in 1910, when he was 17 years of age, and made his home in Bryan County until his death on April27, 1985; and
WHEREAS, for some 40 years Thomas Darieng served as a Peace Officer in Bryan County, flrst as a Deputy Sheriff beginning in 1922, and then as a County Jailer beginning in 1932, and then as Warden of the Bryan County Public Works Camp, beginning in January 1951, and continuing in that position until his retir~ment in January 1959; and
WHEREAS, his public service was instrumental in obtaining rights of way, removing obstructions, grading, and the paving of Georgia State Highway 144; and
WHEREAS, Thomas Darieng distinguished himself during his lifetime as a capable and ethical public servant; and

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WHEREAS, his initiative and leadership has been of benefit to Bryan County residents, particularly in transportation and security.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body commends Thomas B. Darieng's outstanding legacy of service to the citizens of Bryan County and the State of Georgia.

BE IT FURTHER RESOLVED that the portion ofGeorgia State Highway 144 from the Old Seaboard Coastline Railroad in the West to the Fancy Hall community in the East is dedicated as the "Thomas B. Darieng, Sr., Highway," and the Department of Transportation is authorized and directed to erect and maintain appropriate signs so dedicating the highway.

BE IT FURTHER RESOLVED that the Secretary ofthe Senate is authorized and directed to transmit appropriate copies of this resolution to the family of Thomas B. Darieng and the Department of Transportation.

Approved April 14,2005.

LOCAL GOVERNMENT- REVENUE- NEW MUNICIPALITIES; CREATION; LOCAL OPTION SALES TAX DISTRIBUTION.
No. 34 (House Bill No. 36).
AN ACT
To revise provisions of law relating to creation of new municipal corporations; to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to eliminate certain minimum distance requirements applicable to new incorporations; to provide that new municipal corporations shall have a minimum amount oftime to arrange for service delivery; to change provisions relating to development requirements for areas to be incorporated; to provide that the Attorney General shall seek federal Voting Rights Act preclearances required in connection with new incorporations; to provide for the authorization and regulation of alcoholic beverage sales in new municipalities under certain circumstances; to provide for the orderly transition of responsibilities and functions to a new municipality from its county and provide for counties to retain certain functions and responsibilities for certain periods of time; to provide for intergovernmental relations; to provide for delayed application of certain laws; to authorize appointment of interim representatives; to provide that a chartering Act may specify any length or lengths for initial terms of office; to authorize the appropriation of funds to the Department of Community Affairs for loans or grants

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or both to new municipal corporations; to provide for effect with respect to certain county special districts and provide certain protections for the residents of such districts; to provide for the manner of expenditure of certain county special district taxes, fees, and assessments under certain circumstances; to provide for certain auditing and reporting requirements with respect to special district revenues and expenditures in certain counties; to amend Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal local option sales tax, so as to change provisions for distribution with respect to certain newly incorporated municipalities and other local governments in the county; to provide for other related matters; to provide for severability; to provide for effective dates and applicability; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, is amended by striking Code Section 36-31-2 thereof, relating to minimum distances between corporate boundaries, and inserting in its place the following:
'36-31-2. When a municipal corporation is created by local Act as authorized in this chapter, the provisions of Code Section 36-30-7.1 shall not apply for two years from the date the first elected officials of such municipal corporation take office. No later than July 1 following the expiration of such two-year period, the governing authority of the municipal corporation shall file a certification with the Department of Community Affairs stating whether the municipal corporation does or does not meet the standards for an active municipality under subsection (b) ofCode Section36-30-7.1.'

SECTION 2. Said Chapter 31 of Title 36 is further amended by striking Code section 36-31-4, relating to standards for areas to be incorporated, and inserting in its place a new Code section to read as follows:
'36-31-4. To be eligible for original incorporation as a municipal corporation, the area embraced shall be so developed that at least 60 percent of the total number of lots and tracts in the area at the time of incorporation are used for residential, commercial, industrial, institutional, recreational, or governmental purposes and shall be subdivided into lots and tracts such that at least 60 percent of the total acreage, not counting the acreage which at the time of incorporation is used for, held for future use for, or subject to a contract for future use for commercial, industrial, governmental, recreational, or institutional purposes, consists of lots and tracts of five acres or less in size.'

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SECTION 3. Said Chapter 31 of Title 36 is further amended by adding at its end new Code sections to read as follows:
'36-31-6. When a new municipal corporation is created by local Act, the Attorney General shall be responsible for seeking any and all preclearances required in connection with such Act and incorporation under the federal Voting Rights Act of196 5, as amended, until such time as the new municipal corporation notifies the Attorney General that it has the ability to seek any further preclearances required.

36-31-7. When a new municipal corporation is created by local Act, the governing authority of the municipal corporation shall have all the same powers to license and regulate alcoholic beverages within its territory as did the governing authority of the county when such territory was within the unincorporated area of the county. Without limiting the generality of the foregoing, it is specifically provided that no petition, election, or other condition precedent which might otherwise be required under Title 3 to authorize sales of any alcoholic beverages shall be required in order for the governing authority of the municipality to exercise such powers.

36-31-8. (a) When a new municipal corporation is created by local Act, the local Act may provide for a transition period not to exceed 24 months for the orderly transition of governmental functions from the county to the new municipal corporation. The local Act may specify the time or times during the transition period (or the method or methods for determining the time or times during the transition period) at which:
(1) Various governmental functions, services, and responsibilities will be assumed by the new municipal corporation within its territory; and (2) The municipal court of the new municipality shall begin to exercise its jurisdiction over various subject matters. (b) When a chartering local Act so provides for a transition period, the county in which the new municipality is located shall continue to provide within the territory of the new city all government services and functions which it provided as of the date of enactment of the chartering local Act. The county shall continue to provide such services and functions until the end of the transition period; provided, however, that the new city may assume the provision of any service or function at such earlier time as may be specified in the chartering local Act or at such earlier time as may be agreed upon by the county and the new city. (c) When a chartering local Act so provides for a transition period, on and after the first day the initial governing authority takes office, the governing authority may from time to time adopt appropriate measures to initiate collection within the territory of the new city during the transition period of all taxes, fees, assessments, fmes and forfeitures, and other moneys. Where a particular tax, fee,

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assessment, fine, forfeiture, or other amount collected by the city during the transition period is specifically related to the provision of a particular government service or function by the county, the service or function shall continue to be provided by the county during the transition period contingent upon payment by the city of the actual cost of providing such service or function unless otherwise provided in a written agreement between the new city and the county. (d) When a chartering local Act so provides for a transition period, the county in which the new city is located shall not from the time of enactment of the charter until the end of the transition period remove from the county road system any road within the territory of the new city except with the agreement of the new city. (e) When a chartering local Act so provides for a transition period, the new municipality shall not be subject to the laws specified in this subsection during the transition period; provided, however, that the new city and other political subdivisions may during the transition period commence planning, negotiations, and other actions necessary or appropriate for compliance after the transition period. During the transition period, the new municipality shall not be subject to:
(1) Chapter 70 of this title, relating to planning and service delivery strategies; (2) Provisions of Code Sections 12-8-31.1 and 12-8-39.2, relating to solid waste planning and solid waste management reporting; (3) Provisions of Code Section 48-13-56, relating to reporting of excise taxes collected and expended pursuant to Article 3 of Chapter 13 of Title 48; and (4) Provisions of Code Section 36-81-8, relating to reporting of local government finances, reporting of revenues derived from a tax levied pursuant to Article 3 of Chapter 13 of Title 48, and reporting of local government services and operations. (f) When a chartering local Act so provides for a transition period, upon the termination of the transition period subsections (b) through (e) of this Code section shall cease to apply and the new city shall be a fully functioning municipal corporation and subject to all general laws of this state. (g) As ofthe date a chartering local Act is approved by the Governor or becomes law without such approval, the Governor is authorized to appoint five persons to serve as interim representatives of the newly incorporated municipality until the election of the municipality's first governing authority. The interim representatives shall cease to serve as of the time the members of the first governing authority take office. The function of the interim representatives shall be to facilitate the provision of municipal services and facilities, the collection of taxes and fees, and the negotiation of intergovernmental agreements in preparation of the establishment of the new municipality. The interim representatives shall not have the ability to enter into any binding agreements, to expend public funds, or to incur any liability on behalf of the new municipality. Any person who is serving as or has served as an interim representative shall be ineligible to qualifY for election as a member of the initial governing authority of the new municipality.

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36-31-9. When a new municipal corporation is created by local Act, the chartering local Act may provide for the initial terms of office of members of the governing authority to be of any length or lengths; and the provisions of this Code section shall control over any conflicting provisions of Code Sections 21-2-541.1 and 21-2-541.2.

36-31-10. The General Assembly may, in connection with the incorporation of a new municipal corporation, at any time (before, after, or contemporaneously with the passage of the chartering Act) appropriate to the Department of Community Affairs funds for grants or loans or both to a specific existing or proposed municipal corporation. When funds are so appropriated, the department shall make grants as specified by recipient, amount, and purpose and loans as specified by recipient, amount, interest rate, term, and purpose in the appropriation unless the chartering Act fails to secure passage or otherwise fails to become effective.

36-31-11. When a municipal corporation is created by local Act within a county which has a special district for the provision oflocal government services consisting ofthe unincorporated area of the county, the territory within the new municipal corporation shall be removed from the special district except to the extent otherwise provided by Code Section 36-31-8 during a transition period and except that the county may continue to levy within such territory any previously imposed tax for the purpose of retiring any special district debt until such time as such debt is retired.

36-31-12. (a) The General Assembly finds that:
(1) The purpose of a special services district is to provide special services to a given geographic area and to finance the provision of those services from taxes, fees, and assessments levied in the geographic area which benefits from the services; (2) The creation of a municipal corporation within a county which has a special services district for the unincorporated area of the county may result in the special services district being divided into noncontiguous areas or in existing noncontiguous areas of such district being even more remote from each other; and (3) The purpose of a special services district is defeated if it becomes divided into noncontiguous areas which are remote from each other and one or more of such noncontiguous areas is subsidizing the provision of services in other such noncontiguous areas. (b) When a municipal corporation is created by local Act within a county which has a special district for the provision of local government services consisting of the unincorporated area of the county and following the creation of said

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municipal corporation the special district is divided into two or more noncontiguous areas, any special district taxes, fees, and assessments collected in such a noncontiguous area shall be spent to provide services in that noncontiguous area. (c) When a municipal corporation is created by local Act within a county subject to this Code section, the county shall for the fiscal year in which the municipal corporation is chartered and for each of the next two fiscal years have included in its annual audit detailed findings as to:
(1) The amount of any special district taxes, assessments, and fees collected in each noncontiguous area of the special district; (2) The total amount of expenditures by the county for:
(A) The provision of services within each noncontiguous area of the special district, including only those services which are provided by the county only in the special district; and (B) The construction and maintenance of facilities for the provision of services referred to in subparagraph (A) of this paragraph; and (3) The amount by which expenditures stated in paragraph (2) of this subsection exceed or are less than the amount stated in paragraph (1) of this subsection. (d) The party performing the audit required by subsection (c) of this Code section shall prepare as promptly as is practicable a brief informational summary of the audit findings required by that subsection. The informational summary shall also include a statement of the amount of proceeds collected by the county pursuant to any tax under Article 2 of Chapter 8 of Title 48 which would be allocated to each noncontiguous area of the special district if such area received an allocation equal on a per capita basis to the average per capita allocation to the cities in the county. After each year's summary becomes available, a copy of the summary shall be included with the next ad valorem tax bills mailed by the county to residents ofthe special district consisting of the unincorporated area of the county. (e) For purposes of determining applicability of this Code section, a county shall be considered to have a special district for the provision of local government services when a county has created a special district for such purposes pursuant to Article IX, Section II, Paragraph VI of the Constitution or has created a similar district for the provision of services under any other provision of any past or present Constitution or law:

SECTION 4. Article 2 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to joint county and municipal local option sales tax, is amended by inserting a new subsection (f) at the end of Code Section 48-8-89.1, relating to distribution of the tax upon creation of a new municipal corporation in certain counties, to read as follows:

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'(f)(1) This subsection shall apply only when: (A) A municipal corporation is chartered by local Act within a county which has a special district for the provision of local government services consisting ofthe unincorporated area of the county; and (B) The population of the unincorporated area of the county will, after removal of the population of the new municipality from the unincorporated area, constitute less than 20 percent of the population of the county according to the most recent decennial census.
(2) Notwithstanding any other provision of this Code section, if there exists within any special district in which the tax authorized by this article is imposed a qualified municipality described in paragraph (1) of this subsection which was not a qualified municipality on the date of filing with the commissioner of the most recently filed certificate under Code Section 48-8-89, such qualified municipality may request the commissioner to give notice of the qualified municipality's existence and status as a qualified municipality as provided in this subsection. Upon receipt of such a request, the commissioner shall, unless he or she determines that the requesting entity is not a qualified municipality, within 30 days give written notice of the qualified municipality's existence and status to the county which is conterminous with the special district in which the qualified municipality is located and to each other qualified municipality within the special district. Such written notice shall include the name of the new qualified municipality, the effective date ofthe notice, and a statement of the provisions of this subsection. (3) Within 60 days after the effective date of the notice referred to in paragraph (2) of this subsection, a new distribution certificate shall be filed with the commissioner for the special district. This distribution certificate shall address only the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate and shall specify as a percentage of the total proceeds of the tax what portion of the proceeds shall be received by the county in which the special district is located and by the new qualified municipality. (4) Except as otherwise provided in this paragraph, a distribution certificate required by this subsection must be executed by the governing authorities of the county within which the special district is located and each new qualified municipality located wholly or partially within the special district. If a new certificate is not filed within 60 days as required by paragraph (3) of this subsection, the commissioner shall distribute the proceeds of the tax available for distribution from the percentage allocated to the county in the current distribution certificate such that the new qualified municipality receives an allocation equal on a per capita basis to the average per capita allocation to the other qualified municipalities in the county (according to population), to be expended as provided in paragraph (2) of subsection (a) of Code Section 48-8-89. Every other qualified municipality shall continue to receive the share provided by the existing distribution certificate or otherwise provided by law. The county shall receive the remaining proceeds of the tax, to be expended as

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provided in paragraph (2) of subsection (a) of Code Section 48-8-89. For the purpose of determining the population of new qualified municipalities, only that portion of the population of each such municipality which is located within the special district shall be computed. For the purpose of determining population under this Code section, all calculations of population shall be according to the most recent decennial census. (5) The commissioner shall begin to distribute the proceeds as specified in the certificate applicable to the county and the new qualified municipality or, if such a certificate is not filed, as specified in paragraph (4) of this subsection on the first day of the frrst month which begins more than 60 days after the effective date of the notice referred to in paragraph (2) of this subsection. The commissioner shall continue to distribute the proceeds of the tax according to the existing certificate and the certificate applicable to the county and the new qualified municipality or, if such a certificate is not filed, as specified in paragraph (4) of this subsection until a subsequent certificate is filed and becomes effective as provided in Code Section 48-8-89.'

SECTION 5. In the event any section, subsection, sentence, clause, or phrase ofthis Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply with respect to any local Act enacted at the 2005 regular session of the General Assembly or any future session.

SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Approved April15, 2005.

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DAHLONEGA/LUMPKIN COUNTY GEORGIA'S PREMIER SPORTS CYCLING COMMUNITY.

No. 44 (House Resolution No. 563).

A RESOLUTION

Establishing Dahlonega/Lumpkin County as Georgia's Premier Sports Cycling Community; and for other purposes.

WHEREAS, the City of Dahlonega and Lumpkin County have been recognized nationally and internationally by professional and amateur cyclists as one of the most beautiful and challenging bicycling venues in the United States; and

WHEREAS, Dahlonega and Lumpkin County have played host to the Dodge Tour de Georgia, Six Gap Race, Three Gap Race, and other world class cycling events;
and

WHEREAS, Dahlonega and the Lumpkin County area are a favorite of recreational cyclists for year round enjoyment and extreme mountain challenges; and

WHEREAS, Dahlonega s and Lumpkin County's dedication to the growing recreational tourism venue of cycling has created millions of dollars of economic development in north Georgia and beyond and in the southeast; and

WHEREAS, cycling has grown to one of the largest environmentally friendly outdoor recreation activities in the southeast; and

WHEREAS, the City ofDahlonega, Lumpkin County, and the Dahlonega Lumpkin County Chamber of Commerce are steadfast in their desire to see the growth of sport cycling continue to flourish in the Dahlonega area and the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the General Assembly formally recognizes and designates Dahlonega/Lumpkin County, Georgia, the home of the mountain stage of the Dodge Tour de Georgia, as the foremost bicycling venue in the southeast and bestows on it the title of Georgia's Premier Sport Cycling Community.

Approved Aprill8, 2005.

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CRIMES; PSEUDOEPHEDRINE; LIMIT SALES SCHEDULEIORIICONTROLLED
SUBSTANCES; ADDITIONAL CRIMES.

No. 45 (House Bill No. 216).

AN ACT

To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to limit the sale and manner of sale of products containing pseudoephedrine; to provide for exceptions; to provide for mitigation of punishment under certain circumstances; to provide for penalties; to restrict the sale, transfer, manufacture, purchase for resale, and furnishing of certain substances; to provide for definitions; to authorize the State Board of Pharmacy to promulgate certain rules and regulations; to provide for licensing and permitting of persons who sell, transfer, purchase for resale, or otherwise furnish or possess certain chemicals; to require certain records to be maintained; to provide for exceptions; to provide for certain forfeitures; to provide for penalties; to provide for certain reports; to provide that it is illegal for a person to possess any substance with the intent to use such substance in the manufacture of a Schedule I or Schedule II controlled substance or to knowingly convey such substance to another for use in the manufacture of a Schedule I or Schedule II controlled substance; to provide for certain considerations with regard to determining whether such substances were possessed illegally; to provide for exceptions; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding a new subsection (b. I) to Code Section 16-13-30.3, relating to possession of substances containing ephedrine, pseudoephedrine, and phenylpropanolamine, to read as follows:
'(b .I)( I) Products whose sole active ingredient is pseudoephedrine may be offered for retail sale only if sold in blister packaging. Such products may not be offered for retail sale by self-service, but only from behind a counter or other barrier so that such products are not directly accessible by the public but only by a retail store employee or agent. (2) No person shall deliver in any single over the counter sale more than three packages of any product containing pseudoephedrine as the sole active ingredient or in combination with other active ingredients or any number of packages that contain a combined total of more than nine grams of pseudoephedrine or its base, salts, optical isomers, or salts of its optical isomers.

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(3) It shall be unlawful for a: retail distributor to purchase any product containing pseudoephedrine from any person or entity other than a manufacturer or a wholesale distributor licensed by the Georgia Board of Pharmacy. (4) This subsection shall not apply to:
(A) Pediatric products labeled pursuant to federal regulation as primarily intended for administration to children under 12 years of age according to label instructions; and (B) Products that the Georgia Board of Pharmacy, upon application of a manufacturer, exempts because the product is formulated in such a way as to effectively prevent the conversion of the active ingredient into methamphetamine or its salts or precursors. (5) This subsection shall preempt all local ordinances or regulations governing the retail sale of over the counter products containing pseudoephedrine by a retail business except such local ordinances or regulations that existed on or before December 31, 2004. Effective January 1, 2006 the subsection shall preempt all local ordinances. (6)(A) Except as otherwise provided herein, it shall be unlawful for any person knowingly to violate any prohibition contained in paragraph (I), (2), or (3) of this subsection. (B) Any person convicted of a violation of paragraph (I) or (2) of this subsection shall be guilty of a misdemeanor which, upon the first conviction, shall be punished by a fme of not more than $500.00, and, upon the second or subsequent conviction, shall be punished by not more than six months' imprisonment or a fine ofnot more than $1,000.00, or both. (C) Any person convicted of a violation of paragraph (3) of this subsection shall, upon the first conviction, be guilty of a misdemeanor and, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature. (D) It shall be a defense to a prosecution of a retail business or owner or operator thereoffor violation ofparagraph (1) or (2) of this subsection that, at the time of the alleged violation, all of the employees of the retail business had completed training under Georgia Meth Watch, the retail business was in compliance with Georgia Meth Watch, and the defendant did not knowingly, willfully, or intentionally violate paragraph (1) or (2) of this subsection. For purposes of this subsection only, the term 'Georgia Meth Watch' shall mean that program entitled 'Georgia Meth Watch' or similar program which has been promulgated, approved, and distributed by the Georgia Council on Substance Abuse. (7) Except as otherwise provided in this subsection, the State Board of Pharmacy may adopt reasonable rules and regulations to effectuate the provisions of this subsection. The board is further authorized to charge reasonable fees to defray expenses incurred in maintaining any records or forms necessitated by this subsection or otherwise administering any other provisions of this subsection.'

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SECTION 2. Said chapter is further amended by adding a new Code Section 16-13-30.4 to read as follows:
'16-13-30.4. (a) As used in this Code section and unless otherwise specified, the term 'board' or 'Board of Pharmacy' shall mean the Georgia State Board of Pharmacy.
(b)(1) A wholesale distributor who sells, transfers, purchases for resale, or otherwise furnishes any product containing pseudoephedrine must first obtain a license from the Board of Pharmacy; provided, however, that a wholesale distributor that has a valid license as a wholesale distributor under Code Section 26-4-113 shall not be required to obtain an additional license under this Code section. (2) Wholesale distributors licensed under Code Section 26-4-113 shall be subject to the provisions of this Code section in the same manner as wholesale distributors licensed under this Code section. (3) Every wholesale distributor licensed as provided in this Code section shall:
(A) Submit reports, upon verbal or written request from the Georgia Drugs and Narcotics Agency, the Georgia Bureau oflnvestigation, or the sheriff of a county or the police chief of a municipality located in this state, to account for all transactions with persons or firms located within this state; such reportable transactions shall include all sales, distribution, or transactions dealing with products containing pseudoephedrine; and (B) Within seven days, notifY the Georgia Drugs and Narcotics Agency of any purchases of products containing pseudoephedrine from the wholesale distributor which the wholesaler judges to be excessive. (4) Whenever any firm or person located in this state receives, purchases, or otherwise gains access to products containing pseudoephedrine from any wholesale distributor, whether located in or outside this state, such firm or person shall maintain a copy of such wholesale distributor's license issued by the Georgia State Board of Pharmacy. Such firm or person shall maintain copies of all invoices, receipts, and other records regarding such products containing pseudoephedrine for a minimum of three years from the date of receipt, purchase, or access. Failure to maintain records to verity the presence of any and all products containing pseudoephedrine being held by a firm or person shall subject such products containing pseudoephedrine to being embargoed or seized by proper law enforcement authorities until such time as proof can be shown that such products containing pseudoephedrine were obtained from a Georgia licensed wholesale distributor. (5) Agents of the Georgia Drugs and Narcotics Agency, agents of the Georgia Bureau of Investigation, and the sheriff of a county or the police chief of a county or municipality in this state in which a firm or person that receives, purchases, or otherwise gains access to products containing pseudoephedrine is located may request to review the receiving records for such products. Failure to provide such records within five business days following such

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request to account for the presence of such products shall result in the embargo or seizure of such products. (c) A license or permit obtained pursuant to this Code section shall be denied, suspended, or revoked by the Board of Pharmacy upon finding that the licensee or permit holder has: (1) Furnished false or fraudulent material information in any application filed under this Code section; (2) Been convicted of a crime under any state or federal law relating to any controlled substance; (3) Had his or her federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances; (4) Violated the provisions of Chapter 4 of Title 26; or (5) Failed to maintain effective controls against the diversion of products containing pseudoephedrine to unauthorized persons or entities. (d) The Board of Pharmacy may adopt reasonable rules and regulations to effectuate the provisions of this Code section. The board is further authorized to charge reasonable fees to defray expenses incurred in issuing any licenses or permits, maintaining any records or forms required by this Code section, and the administration of the provisions of this Code section. (e) Notwithstanding any other provision of this Code section to the contrary, no person shall be required to obtain a license or permit for the sale, receipt, transfer, or possession of a product containing pseudoephedrine when: (1) Such lawful distribution takes place in the usual course of business between agents or employees of a single regulated person or entity; or (2) A product containing pseudoephedrine is delivered to or by a common or contract carrier for carriage in the lawful and usual course of the business of the common or contract carrier or to or by a warehouseman for storage in the lawful and usual course of the business of the warehouseman. (t) All products containing pseudoephedrine that have been or that are intended to be sold, transferred, purchased for resale, possessed, or otherwise transferred in violation of a provision of this Code section shall be subject to forfeiture to the state and no property right shall exist in them. (g)(l) Any person who sells, transfers, receives, or possesses a product containing pseudoephedrine violates this Code section ifthe person:
(A) Knowingly fails to comply with the reporting requirements of this Code section; (B) Knowingly makes a false statement in a report or record required by this Code section or the rules adopted thereunder; or (C) Is required by this Code section to have a license or permit and knowingly or deliberately fails to obtain such a license or permit. (2) It shall be illegal for a person to possess, sell, transfer, or otherwise furnish a product containing pseudoephedrine if such person possesses, sells, transfers, or furnishes the substance with the knowledge or intent that the substance will be used in the unlawful manufacture of a controlled substance.

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(3)(A) A person who violates paragraph (2) of this subsection shall be guilty of a felony and, upon conviction thereof; shall be punished by imprisonment for not less than one nor more than 15 years or by a fine not to exceed $100,000.00, or both. (B) A person who violates any provision of this Code Section other than paragraph (2) of this subsection shall be guilty of a misdemeanor on the first offense and a misdemeanor of a high and aggravated nature on the second and subsequent offenses:

SECTION 3. Said chapter is further amended by adding a new Code Section 16-13-30.5 to read as follows:
'16-13-30.5. (a) It shall be illegal for a person to possess, whether acquired through theft or other means, any substance with the intent to:
(1) Use such substance in the manufacture of a Schedule I or Schedule II controlled substance; or (2) Knowipgly convey such substance to another for use in the manufucture of a Schedule I or Schedule II controlled substance. (b) In determining whether a particular substance is possessed with the intent required to violate subsection (a) of this Code section, the court or other authority making such a determination may, in addition to all other logically relevant factors, consider the following: ( 1) Statements by the owner or anyone in control ofthe substances concerning its use; (2) Prior convictions, if any, of the owner or of anyone in control of the substances for violation of any state or federal law relating to the sale or manufacture ofcontrolled substances; (3) Instructions or descriptive materials of any kind accompanying the substance or found in the owner's or controlling person's possession concerning, explaining, or depicting its use; (4) The manner in which the substance is displayed or offered for sale; (5) The quantity and location of the substance considered in relation to the existence and scope of legitimate uses for the substance in the community; and (6) Expert testimony concerning the substance's use. (c) This Code section shall not apply where possession was by a person authorized by law to dispense, prescribe, manufacture, or possess the substance in question. (d) A person who violates this Code section shall be guilty of a felony and, upon conviction thereof; shall be punished by imprisonment for not less than one nor more than fifteen years or by a rme not to exceed $100,000.00, or both.'

SECTION 4. This Act shall become effective on July 1, 2005.

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SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved Aprill9, 2005.

CRIMES- DECEPTIVE COMMERCIAL E-MAIL.
No. 46 (Senate Bill No. 62).
AN ACT
To provide for a short title; to provide for legislative findings; to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protections, so as to add a new part to create the new crime of initiation of deceptive commercial e-mail; to provide for defmitions; to provide for criminal penalties; to provide for civil relief and venue for civil proceedings; to provide for certain prosecuting officials to prosecute deceptive commercial e-mail; to provide for applicability; to provide for exceptions; to designate specific information which may be disclosed by an electronic communication service or a remote computing service; to authorize search warrants or subpoenas under certain circumstances; to provide for certain authority of law enforcement units, the Attorney General, and district attorneys; to provide for certain records' admissibility into evidence; to change provisions relating to the definition of racketeering activity in the Georgia RICO Act; 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 maybe cited as the "Georgia Slam Spam E-mail Act."
SECTION 2. The General Assembly finds and declares that electronic mail has become an important and popular means of communication, relied on by millions of Georgians on a daily basis for personal and commercial purposes. The low cost and global reach of electronic mail make it convenient and efficient. Electronic mail serves as a catalyst for economic development and frictionless commerce. The General Assembly further finds that the convenience and efficiency of electronic mail is threatened by an ever-increasing glut of deceptive commercial electronic mail. The senders of these electronic messages engage in a variety of fraudulent and deceptive practices to hide their identities, to disguise the true source of their electronic mail, and to evade the criminal and civil consequences of their actions. Deceptive commercial electronic mail imposes costs upon its ultimate recipients who are

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forced to receive, review, and delete unwanted messages and upon the electronic mail service providers forced to carry the messages. The General Assembly further fmds that our state has a paramount interest in protecting its businesses and citizens from the deleterious effects of deceptive commercial electronic mail, including the impermissible shifting of cost and economic burden that results from the false and fraudulent nature of deceptive commercial electronic mail. Georgia's enforcement of this interest imposes no additional burden upon the senders of such electronic mails in relation to the laws of any other state, in that such enforcement requires nothing more than the senders' forbearance from active deception.

SECTION 3. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems protection, is amended by striking in its entirety Code Section 16-9-92, relating to defmitions in the "Georgia Computer Systems Protection Act," and inserting in lieu thereof the following:
'16-9-92. As used in this article, the term:
(I) 'Computer' means an electronic, magnetic, optical, hydraulic, electrochemical, or organic device or group of devices which, pursuant to a computer program, to human instruction, or to permanent instructions contained in the device or group of devices, can automatically perform computer operations with or on computer data and can communicate the results to another computer or to a person. The term includes any connected or directly related device, equipment, or facility which enables the computer to store, retrieve, or communicate computer programs, computer data, or the results of computer operations to or from a person, another computer, or another device. This term specifically includes, but is not limited to, mail servers and e-mail networks. This term does not include a device that is not used to communicate with or to manipulate any other computer. (2) 'Computer network' means a set of related, remotely connected computers and any communications facilities with the function and purpose of transmitting data among them through the communications fucilities. (3) 'Computer operation' means computing, classifying, transmitting, receiving, retrieving, originating, switching, storing, displaying, manifesting, measuring, detecting, recording, reproducing, handling, or utilizing any form of data for business, scientific, control, or other purposes. (4) 'Computer program' means one or more statements or instructions composed and structured in a form acceptable to a computer that, when executed by a computer in actual or modified form, cause the computer to perform one or more computer operations. The term 'computer program' shall include all associated procedures and documentation, whether or not such procedures and documentation are in human readable furm. (5) 'Data' includes any representation of information, intelligence, or data in any fixed medium, including documentation, computer printouts, magnetic

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storage media, punched cards, storage in a computer, or transmission by a computer network. (6) 'Electronic communication' means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system that affects interstate or foreign commerce, but does not include:
(A) Any wire or oral communication; (B) Any communication made through a tone-only paging device; (C) Any communication from a tracking device; or (D) Electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (7) 'Electronic communication service' means any service which provides to its users the ability to send or receive wire or electronic communications. (8) 'Electronic communications system' means any wire, radio, electromagnetic, photoelectronic, photo-optical, or facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications. (9) 'Electronic means' is any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than: (A) Any telephone or telegraph instrument, equipment, or facility, or any component thereof,
(i) Furnished to the subscriber or user by a provider of electronic communication service in the ordinary course of its business and used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordinary course of its business; or (ii) Used by a provider of electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course ofhis or her duties; or (B) A hearing aid or similar device being used to correct subnormal hearing to better than normal. (10) 'Electronic storage' means: (A) Any temporary, intermediate storage of wire or electronic communication incidental to its electronic transmission; and (B) Any storage of such communication by an electronic communication service for purposes of backup protection of such communication. (11) 'Financial instruments' includes any check, draft, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction-authorizing mechanism, or marketable security, or any computer representation thereof. (12) 'Law enforcement unit' means any law enforcement officer charged with the duty of enforcing the criminal laws and ordinances of the state or of the counties or municipalities of the state who is employed by and compensated

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by the state or any county or municipality of the state or who is elected and compensated on a fee basis. The term shall include, but not be limited to, members of the Department of Public Safety, municipal police, county police, sheriffs, deputy sheriffs, and agents and investigators of the Georgia Bureau of Investigation. (13) 'Property' includes computers, computer networks, computer programs, data, financial instruments, and services. ( 14) 'Remote computing service' means the provision to the public of computer storage or processing services by means of an electronic communications system. ( 15) 'Services' includes computer time or services or data processing services. (16) 'Use' includes causing or attempting to cause:
(A) A computer or computer network to perform or to stop performing computer operations; (B) The obstruction, interruption, malfunction, or denial of the use of a computer, computer network, computer program, or data; or (C) A person to put fulse information into a computer. (17) 'Victim expenditure' means any expenditure reasonably and necessarily incurred by the owner to verify that a computer, computer network, computer program, or data was or was not altered, deleted, damaged, or destroyed by unauthorized use. ( 18) 'Without authority' includes the use of a computer or computer network in a manner that exceeds any right or permission granted by the owner of the computer or computer network.'

SECTION 4. Said article is further amended by designating the existing matter thereof as Part 1 and by adding two new parts to the end of the article to read as follows:

'Part 2

16-9-100. As used in this part, the term:
(1) 'Advertiser' means a person or entity that advertises through the use of commercial e-mail. (2) 'Automatic technical process' means the actions performed by an e-mail service provider's or telecommunications carrier's computers or computer network while acting as an intermediary between the sender and the recipient of an e-mail. (3) 'Commercial e-mail' means any e-mail message initiated for the purpose of advertising or promoting the lease, sale, rental, gift, offer, or other disposition of any property, services, or extension of credit. (4) 'Direct consent' means that the recipient has expressly consented to receive e-mail advertisements from the advertiser or initiator, either in response to a

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clear and conspicuous request for direct consent or at the recipient's own initiative. (5) 'Domain' means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. (6) 'Domain owner' means, in relation to an e-mail address, the actual owner at the time an e-mail is received at that address of a domain that appears in or comprises a portion of the e-mail address. The registrant of a domain is presumed to be the actual owner of that domain. (7) 'E-mail' means an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. The term includes electronic messages that are transmitted through a local, regional, or global computer network. (8) 'E-mail address' means a destination, commonly expressed as a string of characters, to which e-mail can be sent or delivered. An e-mail address consists of a user name or mailbox, the'@' symbol, and reference to a domain. (9) 'E-mail service provider' means any person, including an Internet service provider, that is an intermediary in sending or receiving e-mail or that provides to end-users of the e-mail service the ability to send or receive e-mail. ( 10) 'False or misleading,' when used in relation to a commercial e-mail, means that:
(A) The header information includes an originating or intermediate e-mail address, domain name, or Internet protocol address which was obtained by means of false or fraudulent pretenses or representations; (B) The header information fails to accurately identifY the computer used to initiate the e-mail; (C) The subject line of the e-mail is intended to mislead a recipient about a material fact regarding the content or subject matter of the e-mail; (D) The header information is altered or modified in a manner that impedes or precludes the recipient of the e-mail or an e-mail service provider from identifying, locating, or contacting the person who initiated the e-mail; (E) The header information or content of the commercial e-mail, without authorization and with intent to mislead, references a personal name, entity name, trade name, mark, domain, address, phone number, or other personally identifYing information belonging to a third party in such manner as would cause a recipient to believe that the third party authorized, endorsed, sponsored, sent, or was otherwise involved in the transmission of the commercial e-mail; (F) The header information or content of the commercial e-mail contains false or fraudulent information regarding the identity, location, or means of contacting the initiator of the commercial e-mail; or

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(G) The commercial e-mail falsely or erroneously states or represents that the transmission of the e-mail was authorized on the basis of:
(i) The recipient's prior direct consent to receive the commercial e-mail; or (ii) A preexisting or current business relationship between the recipient and either the initiator or advertiser. ( 11) 'Header information' means those portions of an e-mail message which designate or otherwise identify: (A) The sender; (B) All recipients; (C) An alternative return e-mail address, if any; and (D) The names or Internet protocol addresses of the computers, systems, or other means used to send, transmit, route, or receive the e-mail message. The term does not include either the subject line or the content of an e-mail message. (12) 'Incident' means the contemporaneous initiation in violation of this part of one or more commercial e-mails containing substantially similar content. (13) 'Initiate' or 'initiator' means to transmit or cause to be transmitted a commercial e-mail, but does not include the routine transmission of the commercial e-mail through the network or system of a telecommunications utility or an e-mail service provider. (14) 'Internet protocol address' means the unique numerical address assigned to and used to identify a specific computer or computer network that is directly connected to the Internet. ( 15) 'Minor' means any person under the age of 18 years. (16) 'Person' means a person as defined by Code Section 16-1-3 and specifically includes any limited liability company, trust, joint venture, or other legally cognizable entity. (17) 'Preexisting or current business relationship,' as used in connection with the sending of a commercial e-mail, means that the recipient has made an inquiry and has provided his or her e-mail address, or has made an application, purchase, or transaction, with or without consideration, regarding products or services offered by the advertiser. (18) 'Protected computer' means any computer that, at the time of an alleged violation of any provision of this part involving that computer, was located within the geographic boundaries ofthe State of Georgia. (19) 'Recipient' means any addressee of a commercial e-mail advertisement. If an addressee of a commercial e-mail has one or more e-mail addresses to which a commercial e-mail is sent, the addressee shall be deemed to be a separate recipient for each e-mail address to which the e-mail is sent. (20) 'Routine transmission' means the forwarding, routing, relaying, handling, or storing of an e-mail message through an automatic technical process. The term shall not include the sending, or the knowing participation in the sending, of commercial e-mail advertisements.

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16-9-101. Any person who initiates a commercial e-mail that the person knew or should have known to be false or misleading that is sent from, passes through, or is received by a protected computer shall be guilty of the crime of initiation of deceptive commercial e-mail.

16-9-102.

(a) Any person convicted of a violation of Code Section 16-9-101 shall be guilty

of a misdemeanor and punished by a fine of not more than $1,000.00 or by

imprisonment of not more than 12 months, or both, except:

(1) Where the volume of commercial e-mail transmitted exceeded 10,000

attempted recipients in any 24 hour period;

(2) Where the volume of commercial e-mail transmitted exceeded 100,000

attempted recipients in any 30 day period;



(3) Where the volume of commercial e-mail transmitted exceeded one million

attempted recipients in any one-year period;

(4) Where the revenue generated from a specific commercial e-mail exceeded

$1,000.00;

(5) Where the total revenue generated from all commercial e-mail transmitted

to any e-mail service provider or its subscribers exceeded $50,000.00; or

(6) Where any person knowingly hires, employs, uses, or permits any minor

to assist in the transmission of commercial e-mail in violation of Code Section

16-9-101,

the person shall be guilty of a felony and punished by a fine of not more than

$50,000.00 or by imprisonment of not more than five years, or both.

(b) For the second conviction of Code Section 16-9-101 within a five-year

period, as measured from the dates ofprevious arrests for which convictions were

obtained to the date of the current arrest for which a conviction is obtained, the

person shall be guilty of a felony and punished by a fine of not more than

$50,000.00 or by imprisonment of not more than five years, or both. For the

purpose of this subsection, the term 'conviction' shall include a plea of nolo

contendere.

16-9-103. For the purpose of venue under this part, any violation of this part shall be considered to have been committed:
(1) In the county of the principal place of business in this state of the owner of an involved protected computer, computer network, or any part thereof; (2) In any county in which any person alleged to have violated any provision of this part had control or possession of any proceeds of the violation or of any books, records, documents, or property which were used in furtherance of the violation; (3) In any county in which any act was performed in furtherance of any transaction which violated this part; and

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(4) In any county from which, to which, or through which any use of an involved protected computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication.

16-9-104. The Attorney General shall have concurrent jurisdiction with the district attorneys and solicitors-general to conduct the criminal prosecution of violations of this part.

16-9-105. (a) The following persons shall have standing to assert a civil action under this part:
(1) Any e-mail service provider whose protected computer was used to send, receive, or transmit an e-mail that was sent in violation ofthis part; and (2) A domain owner of any e-mail address to which a deceptive commercial e-mail is sent in violation of this part, provided that the domain owner also owns a protected computer at which the e-mail was received. (b) Any person who has standing and who suffers personal, property, or economic damage by reason of a violation of any provision of this part may initiate a civil action for and recover the greater of: ( 1) Five thousand dollars plus expenses of litigation and reasonable attorney's fees; (2) Liquidated damages of$1,000.00 for each offending commercial e-mail, up to a limit of $2 million per incident, plus expenses of litigation and reasonable attorney's fees; or (3) Actual damages, plus expenses oflitigation and reasonable attorney's fees.

16-9-106. (a) Any crime committed in violation of this part shall be considered a separate offense. (b) The provisions of this part shall not be construed as limiting or precluding the application of any other provision of law which applies to any transaction or course of conduct which violates this part. (c) Nothing in this part shall be construed to limit or restrict the adoption, implementation, or enforcement by an e-mail service provider or Internet service provider of a policy of declining to transmit, receive, route, relay, handle, or store certain types of e-mail.

16-9-107. There shall be no cause of action under this part against an e-mail service provider on the basis of its routine transmission of any commercial e-mail over its computer network.

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Part 3

16-9-108. (a) In any investigation of a violation of this article or any investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, or Article 8 of Chapter 9 of Title 16 involving the use of a computer in furtherance of the act, the Attorney General or any district attorney shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. The Attorney General or any such district attorney is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers. (b) In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the Attorney General or district attorney, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced may issue to that person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court.

16-9-109. (a) Any law enforcement unit, the Attorney General, or any district attorney who is conducting an investigation of a violation of this article or an investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, or Article 8 of Chapter 9 of Title 16 involving the use of a computer in furtherance of the act may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that is in electronic storage in an electronic communications system for 180 days or less pursuant to a search warrant issued under the provisions of Article 2 of Chapter 5 of Title 17 by a court with jurisdiction over the offense under investigation. Such court may require the disclosure by a provider of electronic communication service or remote computing service of the contents of a wire or electronic communication that has been in electronic storage in an electronic communications system for more than 180 days as set forth in subsection (b) of this Code section.
(b)(1) Any law enfurcement unit, the Attorney General, or any district attorney may require a provider of electronic communication service or remote computing service to disclose a record or other information pertaining to a subscriber to or customer of such service, exclusive of the contents of communications, only when any law enforcement unit, the Attorney General, or any district attorney:
(A) Obtains a search warrant as provided in Article 2 of Chapter 5 of Title 17; (B) Obtains a court order for such disclosure under subsection (c) of this Code section; or

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(C) Has the consent ofthe subscriber or customer to such disclosure. (2) A provider of electronic communication service or remote computing service shall disclose to any law enforcement unit, the Attorney General, or any district attorney the:
(A) Name; (B) Address; (C) Local and long distance telephone connection records, or records of session times and durations; (D) Length of service, including the start date, and types of service utilized; (E) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and (F) Means and source of payment for such service, including any credit card or bank account number of a subscriber to or customer of such service when any law enforcement unit, the Attorney General, or any district attorney uses a subpoena authorized by Code Section 16-9-108 or 45-15-17 or a grand jury or trial subpoena when any law enforcement unit, the Attorney General, or any district attorney complies with paragraph ( 1) of this subsection. (3) Any law enforcement unit, the Attorney General, or any district attorney receiving records or information under this subsection shall not be required to provide notice to a subscriber or customer. A provider of electronic communication service or remote computing service shall not disclose to a subscriber or customer the existence of any search warrant or subpoena issued pursuant to this article nor shall a provider of electronic communication service or remote computing service disclose to a subscriber or customer that any records have been requested by or disclosed to any law enforcement unit, the Attorney General, or any district attorney pursuant to this article. (c) A court order for disclosure issued pursuant to (b) of this Code section may be issued by any superior court with jurisdiction over the offense under investigation and shall only issue such court order for disclosure if any law enforcement unit, the Attorney General, or any district attorney offers specific and articulable facts showing that there are reasonable grounds to believe that the contents of an electronic communication, or the records or other information sought, are relevant and material to an ongoing criminal investigation. A court issuing an order pursuant to this Code section, on a motion made promptly by a provider of electronic communication service or remote computing service, may quash or modify such order, if compliance with such order would be unduly burdensome or oppressive on such provider. (d)(l) Any records supplied pursuant to this part shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (A) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records; (B) The copy is a true copy of all the records described in the subpoena, court order, or search warrant and the records were delivered to the attorney or the attorney's representative;

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(C) The records were prepared by the personnel of the business in the ordinary course ofbusiness at or near the time of the act, condition, or event; (D) The sources of information and method and time of preparation were such as to indicate its trustworthiness; (E) The identity of the records; and (F) A description of the mode of preparation ofthe records. (2) Ifthe business has none or only part of the records described, the custodian or other qualified witness shall so state in the affidavit. (3) If the original records would be admissible in evidence if the custodian or other qualified witness had been present and testified to the matters stated in the affidavit, the copy of the records shall be admissible in evidence. When more than one person has knowledge ofthe fucts, more than one affidavit shall be attached to the records produced. (4) No later than 30 days prior to trial, a party intending to offer such evidence produced in compliance with this subsection shall provide written notice of such intentions to the opposing party or parties. A motion opposing the admission of such evidence shall be ftled within ten days of the filing of such notice, and the court shall hold a hearing and rule on such motion no later than ten days prior to trial. Failure of a party to file such motion opposing admission prior to trial shall constitute a waiver of objection to such records and affidavit. However, the court, for good cause shown, may grant relief from such waiver.'

SECTION 5. Said title is further amended in Code Section 16-14-3, relating to definitions relative to the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," by striking the word "or" at the end of division (9)(A)(xxxvii), by striking the symbol "."at the end of division (9)(A)(xxxviii) and inserting in lieu thereof the symbol and word"; or", and by adding a new division (9)(A)(xxxix) to read as follows:
'(xxxix) Code Section 16-9-1 0 I, relating to deceptive commercial e-mail.'

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

Approved April 19,2005.

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REVENUE- INCOME TAX CREDITS; BUSINESS ENTERPRISES.

No. 47 (House Bill No. 389).

AN ACT

To amend Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to designation of counties as less developed areas for the purpose of tax credits with respect to certain business enterprises, so as to provide a definition; to provide for an additional tax credit for certain existing business enterprises; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the state revenue commissioner; to provide an effective date; to provide for applicability; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-7-40 of the Official Code of Georgia Annotated, relating to designation of counties as less developed areas for the purpose of tax credits with respect to certain business enterprises, is amended by striking subsections (a), (e), (h), and (i) and inserting in lieu thereof new subsections (a), (e), (h), and (i), respectively, to read as follows:
'(a) As used in this Code section, the term: ( 1) ' Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. Such term shall not include retail businesses. (2) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, or research and development industries. Such term shall not include retail businesses: '(e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with years two through six after the creation of such job; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the 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

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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 paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph 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 paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises as defined under paragraph (2) of subsection (a) of this Code section shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time

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employee job for one year after the creation of such job. The additional credit shall be claimed in year two after the creation of such job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period ofthe prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualifY as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department ofLabor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part ofhealth insurance coverage fur such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage fur other employees. Credit shall not be allowed during a year ifthe net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011: '(h)(l) Except as provided in paragraph (2) of this subsection, 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 in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (e) of this Code section must

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be applied against taxes imposed for the taxable year in which such credit is available and may not be carried forward to any subsequent taxable year. (i) Notwithstanding any provision of this Code section to the contrary, in counties recognized and designated as the first through fortieth least developed counties in the tier I designation, job tax credits shall be allowed as provided in this Code section, in addition to business enterprises or existing business enterprises, to any business ofany nature.'

SECTION 2. 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, 2006.

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

Approved April 21,2005.

O.C.G.A.- MILITARY PERSONNEL; BENEFITS, EXTENSIONS, EXEMPTIONS.
No. 48 (Senate Bill No. 258).
AN ACT
To amend Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, so as to provide that any service member on ordered military duty and his or her spouse may be exempt from jury duty; to amend Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the practice of pharmacy, so as to provide that a service member whose license expired while he or she was on duty outside the state may practice pharmacy on such expired license; to amend Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, so as to provide for an honorary license for returning veterans; to amend Code Section 38-2-9 of the Official Code of Georgia Annotated, relating to the state retired list, officers, enlisted persons, grade upon grade transfer to list, return to active duty, and computation of time, so as to change conditions for transferring certain p.ersonnel to the retired list; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers' licenses, so as to provide that a service member whose driver's license expires while he or she is on military duty outside the state may drive on such expired license for six months; to amend Chapter 1 of Title 43 of the Official

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Code of Georgia Annotated, relating to general provisions relative to professions and businesses, so as to provide that a service member whose professional license expires while he or she is on military duty outside the state may use such expired license for six months; to amend Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to landlord and tenant, so as to provide that under certain circumstances a service member may terminate a residential rental agreement; to amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, so as to provide that a service member who is transferred may, under certain conditions, terminate a wireless telecommunications contract; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 15-12-1 of the Official Code of Georgia Annotated, relating to exemptions from jury duty, is amended by inserting at the end thereof a new subsection to read as follows:
'(c)(1) As used in this subsection, the term: (A) 'Ordered military duty' means any military duty performed in the service of the state or of the United States including but not limited to attendance at any service school or schools conducted by the armed forces of the United States which requires a service member to be at least 50 miles from his or her home. (B) 'Service member' means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of90 days or longer.
(2) Any service member on ordered military duty and the spouse of any such service member who requests to be excused or deferred shall be excused or deferred from jury duty upon presentation of either a copy of the official military orders or a written verification signed by the service member's commanding officer of such duty.'

SECTION 2. Article 3 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to the practice of pharmacy, is amended by inserting immediately following Code Section 26-4-44.1 a new Code section to read as follows:
'26-4 -44.2. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer.

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(b) Any service member whose license issued pursuant to this article expired while such service member was serving on active duty outside the state shall be permitted to practice pharmacy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing pharmacy with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.'

SECTION 3. Code Section 27-2-4 of the Official Code of Georgia Annotated, relating to honorary hunting and fishing licenses, is amended by inserting at the end thereof a new subsection to read as follows:
'(g)(l) As used in this subsection, the term 'returning veteran' means a person who is discharged from active duty as a member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard and who was on ordered federal duty for a period of90 days or longer. (2) The department shall issue an honorary hunting and fishing license to any returning veteran which shall entitle him or her to hunt and fish in this state without the payment of fees described in Code Section 27-2-23 for a period of one year following issuance. A returning veteran requesting such an honorary license shall provide proof of his or her discharge.'

SECTION 4. Code Section 38-2-9 of the Official Code ofGeorgia Annotated, relating to the state retired list, officers, enlisted persons, grade upon grade transfer to list, return to active duty, and computation of time, is amended by striking in its entirety subsection (a) and inserting in lieu thereofthe following:
'(a) Any member of the organized militia who has reached the age of 64 years may be retired for the reason of age and transferred to the state retired list by the Governor. A member may be retired for reason of age and transferred to the state retired list by the Governor before reaching 64 years of age in order to conform to the laws and regulations of the United States which are applicable to the organized militia.'

SECTION 5. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to the issuance, expiration, and renewal of drivers licenses, is amended by inserting at the end thereof the following:

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'40-5-3 7. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who is on ordered federal duty for a period of90 days or longer. (b) Any service member whose Georgia driver's license expired while such service member was serving on active duty outside the state shall be permitted to operate a motor vehicle in accordance with such expired license and shall not be charged with a violation of Code Section 40-5-20 for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the department either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive charges:

SECTION 6. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to professions and businesses, is amended by inserting at the end thereof the following:
'43-1-31. (a) As used in this Code section, the term 'service member' means an active duty member ofthe regular or reserve component ofthe United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of90 days or longer. (b) Any service member whose license to practice a profession issued pursuant to any provision of this title expired while such service member was serving on active duty outside the state shall be permitted to practice such profession in accordance with such expired license and shall not be charged with a violation of this title related to practicing a profession with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the applicable professional licensing board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges:

SECTION 7. Article 1 of Chapter 7 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to landlord and tenant, is amended by inserting at the end thereofa new Code section to read as follows:
'44-7-22.
(a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces,

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the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of90 days or longer. (b) Any service member may terminate his or her residential rental or lease agreement by providing the landlord with a written notice oftermination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice if any of the following criteria are met:
(1) The service member is required, pursuant to a permanent change of station orders, to move 35 miles or more from the location of the rental premises; (2) The service member is released from active duty or state active duty after having leased the rental premises while on active duty status and the rental premises is 35 miles or more from the service member's home of record prior to entering active; (3) After entering into a rental agreement, the service member receives military orders requiring him or her to move into government quarters; (4) After entering into a rental agreement, the service member becomes eligible to live in government quarters and the failure to move into government quarters will result in a forfeiture of the service member's basic allowance for housing; (5) The service member receives temporary duty orders, temporary change of station orders, or state active duty orders to an area 35 miles or more from the location ofthe rental premises, provided such orders are for a period exceeding 60 days; or (6) The service member has leased the property but prior to taking possession of the rental premises receives a change of orders to an area that is 35 miles or more from the location of the rental premises. (c) The notice to the landlord pursuant to subsection (b) of this Code section shall be accompanied by either a copy of the official military orders or a written verification signed by the service member's commanding officer. (d) In the event a service member dies during active duty, an adult member of his or her immediate family may terminate the service member's residential rental or lease agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice that is at least 30 days after the landlord's receipt of the notice. The notice to the landlord must be acc.ompanied by either a copy of the official military orders showing the service member was on active duty or a written verification signed by the service member's commanding officer and a copy of the service member's death certificate. (e) Upon termination of a rental agreement under this Code section, the service member is liable for the rent due under the rental agreement prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the rental agreement. The service member is not liable for any other rent or damages due to the early termination of the tenancy as provided for in this subpart. Notwithstanding any provision of law to the contrary, if a service member terminates the rental agreement pursuant to this

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Code section 14 or more days prior to occupancy, no damages or penalties of any kind will be assessable. (t) The provisions of this Code section shall apply to all residential rental or lease agreements entered into on or after July 1, 2005, and to any renewals, modifications, or extensions of such agreements in effect on such date. The provisions of this Code section may not be waived or modified by the agreement ofthe parties under any circumstances.'

SECTION 8. Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions relative to telephone and telegraph service, is amended by inserting at the end thereofthe following:
'46-5-8. (a) As used in this Code section, the term 'service member' means an active duty member of the regular or reserve component of the United States armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard on ordered federal duty for a period of90 days or longer. (b) Any service member may terminate his or her wireless telecommunications service contract by providing the wireless telecommunications provider with a written notice oftermination, effective on the date specified in the notice, which date shall be at least 30 days after receipt of the notice by the wireless telecommunications provider, if any of the following criteria are met:
(1) The service member is required, pursuant to a permanent change of station orders, to move outside the area served by the wireless telecommunications provider or to an area where the type of wireless telecommunications service being provided to the service member is not available from the wireless telecommunications provider; (2) The service member is discharged or released from active duty or state active duty and will return from such duty to an area not served by the wireless telecommunications provider or where the type of telecommunications service contracted for is not available from the wireless telecommunications provider; (3) The service member is released from active duty after having entered into a contract for wireless telecommunications service while on active duty status and the wireless telecommunications provider does not provide telecommunications service or the same type of wireless telecommunications service contracted for in the region of the service member's home of record prior to entering active duty; .(4) The service member receives military orders requiring him or her to move outside the continental United States; or (5) The service member receives temporary duty orders, temporary change of station orders, or active duty or state active duty orders to an area not served by the wireless telecommunications provider or where the type of wireless telecommunications service contracted for is not available from the wireless telecommunications provider, provided such orders are for a period exceeding 60 days.

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(c) The written notice to the wireless telecommunications provider must be accompanied by either a copy of the official military orders or a written verification signed by the service member's commanding officer. (d) Upon termination of a contract under this Code section, the service member is liable for the amount due under the contract prorated to the effective date ofthe termination payable at such time as would have otherwise been required by the terms of the contract. The service member is not liable for any other fees due to the early termination ofthe contract as provided for in this Code section. (e) The provisions of this Code section shall apply to any contract for wireless telecommunications service entered into on or after July 1, 2005, and to any renewals, modifications, or extensions of any such contract in effect on such date and may not be waived or modified by the agreement of the parties under any circumstances."

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Approved April21, 2005.

LABOR- UNEMPLOYMENT BENEFITS; DISQUALIFICATION; MILITARY ASSIGNMENT OF SPOUSE.
No. 49 (House Bill No. 404).
AN ACT
To amend Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, so as to provide that leaving an employer because of the transfer of a spouse from one military assignment to another shall not disqualify a person from such benefits; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 34-8-194 of the Official Code of Georgia Annotated, relating to grounds for disqualification of unemployment benefits, is amended by striking in its entirety paragraph (1) and inserting in lieu thereofthe following:
'(l) For the week or fraction thereof in which the individual has filed an otherwise valid claim for benefits after such individual has left the most recent employer voluntarily without good cause in connection with the individual's most recent work. Good cause shall be determined by the Commissioner

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according to the circumstances in the case; provided, however, that leaving an employer to accompany a spouse who has been reassigned from one military assignment to another shall be deemed to be for good cause; provided, however, that the employer's account shall not be charged for any benefits paid out to the person who leaves to accompany a spouse reassigned from one military assignment to another. To requalify following a disqualification, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then becomes unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commissioner's determination the burden of proof of good work connected cause for voluntarily leaving such work shall be on the individual. Benefits shall not be denied under this paragraph, however, to an individual for separation from employment pursuant to a labor management contract or agreement or pursuant to an established employer plan, program, policy, layoff, or recall which permits the individual, because of lack of work, to accept a separation from employment;'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 21, 2005.

REVENUE- NATIONAL GUARD OR RESERVISTS; BENEFITS; LICENSE
EXTENSIONS; INCOME TAX CREDIT.
No. 50 (House Bill No. 538).
AN ACT
To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to provide for certain benefits for members of the national guard or reserve components of the armed services of the United States; to provide for certain automatic license or registration extension; to provide for an exemption regarding continuing education requirements; to provide for nonapplicability; to provide for an income tax credit for certain qualified life insurance premiums; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by adding a new Code section at the end of Article 1, relating to general provisions, to be designated Code Section 48-7-6, to read as follows:
'48-7-6. (a) Notwithstanding any provision of law to the contrary, any member of the national guard or any reserve component of the armed services of the United States who serves on active duty for at least 90 consecutive days shall by operation of this subsection automatically be granted an extension, without fee charged for such extension, of any annual license or registration otherwise required under any other provision oflaw by the state or any agency, department, board, bureau, or commission ofthe state. Such extension shall continue until the otherwise regular expiration date which occurs in the year next succeeding the year in which such active duty ceases. (b) Notwithstanding any provision of law to the contrary, any member of the national guard or any reserve component of the United States who qualifies fur the license or registration extension under subsection (a) of this Code section shall be exempt from any continuing education requirements during such automatic extension period. (c) This Code section shall not apply to attorneys.'

SECTION 2. Said chapter is further amended by adding a new Code section immediately following Code Section 48-7-29.8, to be designated Code Section 48-7-29.9, to read as follows:
'48-7-29.9. (a) As used in this Code section, the term:
(1) 'Active duty' means full time duty in the United States armed forces, other than active duty for training, for a period ofmore than 90 consecutive days. (2) 'Active duty for training' means full time duty in the United States armed forces for a period of more than 90 consecutive days for training purposes performed by members of the national guard and air national guard who are residents ofthis state. (3) 'Qualified life insurance' means insurance coverage through the Servicemembers' Group Life Insurance Program administered by the United States Department of Veterans Affairs for the maximum benefit amount available under such program for the loss of life of a member of the national guard or air national guard who is a resident of this state while on active duty or active duty for training. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 in an amount not to exceed the amount expended for qualified life insurance premiums.

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(c) The credit provided under this subsection: (1) Shall be claimed and allowed in the year in which the majority of such days are served. In the event an equal number of consecutive days are served in two calendar years, then the exclusion shall be claimed and allowed in the year in which the ninetieth day occurs; and (2) Shall apply with respect to each taxable year in which such member serves for such qualifying period of time.
(d) In no event shall the total amount ofthe tax credit under this Code section fur a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years' tax liability. No such credit shall be allowed the taxpayer against prior years' tax liability. (e) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section:

SECTION 3. 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, 2005.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved April21, 2005.

REVENUE- CONSERVATION USE; FISHING PURPOSES; CELLULAR TOWER; CORN MAZE.
No. 51 (House Bill No.1).
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 change certain provisions regarding qualification of conservation use property for current use assessment; to provide for additional acts which shall not constitute a breach of a conservation use covenant; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Code Section 48-5-7.4 of the Official Code ofGeorgia Annotated, relating to bona fide conservation use property, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph (1) to read as follows:
'(1) When one-half or more ofthe area of a single tract ofrea1 property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, however, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunting rights or the use of the property for hunting purposes shall not constitute another type of business. The charging of admission for use of the property for fishing purposes shall not constitute another type of business;'

SECTION 2. Said Code section is further amended by striking sub section (p) and inserting in its place a new subsection (p) to read as follows:
'(p) The following shall not constitute a breach of a covenant: ( 1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good fuith production from or on the land of agricultural products; (2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assistance program, or for other agricultural management purposes; (3) Allowing all or part of the property subject to the covenant to lie fallow or idle due to economic or financial hardship if the owner notifies the board of tax assessors on or before the last day for filing a tax return in the county where the land lying fullow or idle is located and if such owner does not allow the land to lie fallow or idle for more than two years of any five-year period; (4)(A) Any property which is subject to a covenant for bona fide conservation use being transferred to a place of religious worship or burial or an institution of purely public charity if such place or institution is qualified to receive the exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41. No person shall be entitled to transfer more than 25 acres of such person's property in the aggregate under this paragraph. (B) Any property transferred under subparagraph (A) of this paragraph shall not be used by the transferee for any purpose other than for a purpose which would entitle such property to the applicable exemption from ad valorem taxation provided for under subsection (a) of Code Section 48-5-41 or subsequently transferred until the expiration of the term of the covenant period. Any such use or transfer shall constitute a breach of the covenant; (5) Leasing a portion of the property subject to the covenant, but in no event more than six acres, for the purpose of placing thereon a cellular telephone

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transmission tower. Any such portion of such property shall cease to be subject to the covenant as of the date of execution of such lease and shall be subject to ad valorem taxation at fair market value; or (6) Allowing all or part of the property subject to the covenant on which a corn crop is grown to be used for the purpose of constructing and operating a maze so long as the remainder of such corn crop is harvested."

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

Approved April 22, 2005.

APPEAL AND ERROR- BANKING AND FINANCE -DOMESTIC RELATIONS- CHILD
SUPPORT; GEORGIA CHILD SUPPORT COMMISSION.
No. 52 (House Bill No. 221).
AN ACT
To provide for legislative fmdings; to amend Titles 5, 7, and 19 of the Official Code of Georgia Annotated, relating respectively to appeal and error, banking and fmance, and domestic relations, so as to change provisions relating to the calculation of child support; to provide for direct appeal in certain domestic relations cases; to change the amount of interest on arrearage of child support; to provide guidelines for determining amount of child support to be paid; to provide for factors for apportioning child support obligations; to provide for definitions; to change the form of the final judgment in divorce actions to conform such changes in the determination and computation of child support; to change provisions relating to petitions to modify alimony and child support; to correct cross-references relating to petitions to modify child support orders; to create the Georgia Child Support Commission; to provide for legislative findings and intent; to provide for composition ofthe commission and the commission's powers and duties; to provide for compensation of the members of the commission; to provide for officers of the commission; to provide for a quorum for the transaction of business; to provide for reporting; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. The General Assembly fmds and declares that it is important to assess periodically child support guidelines and determine whether existing guidelines continue to be viable and effective or whether they have failed or ceased to accomplish their original policy objectives. The General Assembly further finds that supporting Georgia's children is vitally important to the citizens of Georgia. Therefore, the General Assembly has determined that it is in the best interests of the state and its citizenry to undertake an evaluation of the child support guidelines on a continuing basis. The General Assembly declares that it is important that all of Georgia's children are provided with adequate financial support whether the children's parents are living together or not living together. The General Assembly finds that both parents have a continuing obligation with respect to providing financial and emotional stability for their child or children. It is the hope of the members of the General Assembly that all parents work together to advance the best interest of their children.

SECTION 2. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (a) of Code Section 5-6-34, relating to judgments and rulings deemed directly appealable, and inserting in its place the following:
'(a) Appeals may be taken to the Supreme Court and the Court of Appeals from the following judgments and rulings of the superior courts, the constitutional city courts, and such other courts or tribunals from which appeals are authorized by the Constitution and laws of this state:
(l) All final judgments, that is to say, where the case is no longer pending in the court below, except as provided in Code Section 5-6-35; (2) All judgments involving applications for discharge in bail trover and contempt cases; (3) All judgments or orders directing that an accounting be had; (4) All judgments or orders granting or refusing applications for receivers or for interlocutory or final injunctions; (5) All judgments or orders granting or refusing applications for attachment against fraudulent debtors; (5.1) Any ruling on a motion which would be dispositive if granted with respect to a defense that the action is barred by Code Section 16-11-184; (6) All judgments or orders granting or refusing to grant mandamus or any other extraordinary remedy, except with respect to temporary restraining orders; (7) All judgments or orders refusing applications for dissolution of corporations created by the superior courts; (8) All judgments or orders sustaining motions to dismiss a caveat to the probate of a will; and (9) All final judgments of child support.'

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SECTION 3. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by striking in its entirety Code Section 7-4-12.1, relating to interest on arrearage of child support, and inserting in lieu thereof the following:
'7-4-12.1. All awards of child support expressed in monetary amounts shall accrue interest at the rate of 7 percent per annum commencing 30 days from the day such award or payment is due. This Code section shall apply to all awards, court orders, decrees, and judgments rendered pursuant to Title 19. It shall not be necessary for the party to whom the child support is due to reduce any such award to judgment in order to recover such interest. The court shall have discretion in applying or waiving past due interest:

SECTION 4. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking subsection (c) of Code Section 19-5-12, relating to form of judgment and decree in divorce actions, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) In any case which involves the determination of child support, the form of the judgment shall also include provisions indicating both parties' incomes, the number of children for which support is being provided, the presumptive award calculation, and, if the presumptive award is rebutted, the award amount and the basis for the rebuttal award.'

SECTION 5. Said title is further amended by striking Code Section 19-6-15, relating to guidelines for calculating child support, and inserting in lieu thereof a new Code Section 19-6-15 to read as follows:
'19-6-15. (a) As used in this Code section, the term:
(1) 'Adjusted gross income' means the net determination of a parent's income, calculated by deducting from that parent's gross income any applicable self-employment taxes being paid by the parent and any preexisting child support order for current child support which is being paid by the parent. (2) 'Adjusted support obligation' means the basic child support obligation from the child support obligation table, adjusted for parenting time, health insurance, and work related child care expenses. (3) 'Basic child support obligation' means the amount of support displayed on the child support obligation table which corresponds to the combined adjusted gross income of both parents and the number of children for whom support is being determined. This amount is rebuttably presumed to be the appropriate amount of basic child support to be provided by both parents in the case immediately under consideration, prior to consideration of any adjustments for parenting time or additional expenses.

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(4) 'Caretaker' means the person or entity providing care and supervision of a child more than 50 percent of the time. The caretaker may be the child's custodial parent. The caretaker may be a parent of the child or a nonparent relative of the child who voluntarily or otherwise, pursuant to court order or other legal arrangement, is providing care and supervision of the child. A caretaker may also be a private or public agency providing custodial care and supervision for the child through voluntary placement by the child's parent, nonparent relative, or other designated caretaker or by court order or other legal arrangement. (5) 'Child support obligation table' means the chart created by the Georgia Child Support Commission which displays the dollar amount of the basic child support obligation corresponding to various levels of combined adjusted gross income of the children's parents and the number of children for whom a child support order is being established or modified. The table shall be used to calculate the basic child support obligation according to the provisions of this Code section. Deviations from the table shall comply with the requirements of this Code section. (6) 'Combined adjusted gross income' means the amount of adjusted gross income calculated by adding together the adjusted gross incomes of both parents. This amount is then used to determine the basic child support obligation for both parents for the number of children for whom support is being calculated in the case immediately under consideration. (7) 'Credit worksheet' means the worksheet used for listing infOrmation regarding a parent's preexisting child support order and self-employment tax. (8) 'Custodial parent' means the parent with whom the child or children resides more than 50 percent of the time. The term also means a nonparent caretaker who has been given physical custody of the child or children. If each parent spends exactly 50 percent of the time with the child or children, then the court shall designate the parent with the lesser child support obligation as the custodial parent and the other parent as the noncustodial parent. If a custodial parent has not been designated, the caretaker with whom the child resides more than 50 percent of the time shall be the custodial parent. (9) 'Day' or 'days' means that a child spends more than 12 hours of a calendar day with or under the control of a parent and that parent expends a reasonable amount of resources on the child during such time period, such as the cost of a meal or other costs directly related to the care and supervision of the child. Partial days of parenting time that are not consistent with this definition shall not be considered a 'day' under the child support guidelines. A 'day' under the control of a parent includes a day the child is not in the parent's home, but is under the parent's control, fur example, with the parent's permission at camp or with friends. (10) 'Final child support order' means the presumptive child support order adjusted by any deviations ordered by the court. (11) 'Health insurance' means accident, sickness, health, medical, or dental insurance.

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(12) 'Noncustodial parent' means the parent with whom the child resides less than 50 percent ofthe time. ( 13) 'Parenting time adjustment' means an adjustment to the noncustodial parent's portion of the basic child support obligation upon the noncustodial parent's parenting time with the child. (14) 'Percentage of income' for each parent is obtained by dividing each parent's adjusted gross income by the combined total of both parents' adjusted gross income. The percentage of income is used to determine each parent's pro rata share ofthe basic child support obligation and each parent's share of the amount of additional expense for health insurance and work related child care. The percentage of income is also used to designate the amount of uninsured medical expenses that each parent is financially responsible to pay, absent an order of a court setting a different amount. (15) 'Preexisting orders' means:
(A) An order in another case that requires a parent to make child support payments for another child or children, which child support the parent is actually paying, as evidenced by documentation including, but not limited to, payment history from a court clerk, Title IV -D agency, as defined in Code Section 19-6-31, the Department of Human Resources computer system, the department's Internet child support payment history, or canceled checks or other written proof ofpayments paid directly; and (B) That the date of filing of the initial order for each such other case is earlier than the date of filing of the initial order in the case immediately before the court, regardless of the age of any child in any ofthe cases. (16) 'Presumptive child support order' means the amount of support to be paid for the child or children derived from the parent's proportional share of the basic child support obligation, adjusted for parenting time, plus the parent's proportional share of any additional expenses. This amount is rebuttably presumed to be the appropriate child support order. ( 17) 'Pro rata' means to the proportion of one parent's adjusted gross income to both parents' combined adjusted gross income, or to the proportion of one parent's support obligation to the whole support obligation. A parent's pro rata share of income is calculated by combining both parents' adjusted gross income and dividing each parent's separate adjusted gross income by the combined adjusted gross income. A parent's pro rata share ofthe basic support obligation is calculated by multiplying the basic child support obligation obtained from the child support obligation table by each parent's pro rata percentage ofthe combined adjusted gross income. ( 18) 'Split parenting' can only occur in a child support case if there are two or more children ofthe same parents, where one parent is the custodial parent for at least one child of the parents, and the other parent is custodial parent for at least one other child of the parents. In a split parenting case, each parent is the custodial parent of any child spending more than 50 percent of the time with that parent and is the noncustodial parent of any child spending more than 50 percent of the time with the other parent. A split parenting situation will have

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two custodial parents and two noncustodial parents, but no child will have more than one custodial parent or noncustodial parent. (19) 'Standard parenting' means a child support case in which all of the children supported under the order spend more than 50 percent of the time with the same custodial parent. There is only one custodial parent and one noncustodial parent in a standard parenting case. (20) 'Theoretical support order' means a hypothetical order which allows the court to determine the amount of a child support obligation if an order existed. A theoretical support order is used to determine the amount of credit allowed as a deduction from a parent's gross income for a parent's qualified other child or children who are not under a preexisting child support order. (21) 'Uninsured health care expenses' means the child's or children's uninsured medical expenses including, but not limited to, health insurance copayments, deductibles, and such other costs as are reasonably necessary for orthodontia, dental treatment, asthma treatments, physical therapy, vision care, and any acute or chronic medical or health problem or mental health illness, including counseling and other medical or mental health expenses, that are not covered by insurance. (22) 'Work related child care costs' means expenses for the care of the child or children for whom support is being determined which are due to employment of either parent. In an appropriate case, the court may consider the child care costs associated with a parent's job search or the training or education of a parent necessary to obtain a job or enhance earning potential, not to exceed a reasonable time as determined by the court, ifthe parent proves by a preponderance of the evidence that the job search, job training, or education will benefit the child or children being supported. The term shall be projected for the next consecutive 12 months and averaged to obtain a monthly amount. (23) 'Worksheet' or 'child support worksheet' means the worksheet used to record information necessary to determine and calculate gross income and child support. (b)(1) The child support guidelines contained in this Code section are a minimum basis for determining child support obligations and shall apply as a rebuttable presumption in all legal proceedings involving the child support obligation of a parent, including, but not limited to, orders entered in criminal and juvenile proceedings, orders entered pursuant to Article 3 of Chapter 11 of this title, the 'Uniform Interstate Family Support Act,' and voluntary support agreements and consent orders approved by the court. The child support guidelines do not apply to orders for prior maintenance for reimbursement of child care costs incurred prior to the date an action for child support is filed or to child support orders entered against stepparents or other persons or agencies secondarily liable for child support. The child support guidelines shall be used when the court enters a temporary or permanent child support order in a contested or noncontested hearing. The rebuttable presumption award provided by these child support guidelines may be increased according to the

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best interest of the child for whom support is being considered, the circumstances of the parties, the grounds for deviation set forth in subsection (i) of this Code section, and to achieve the state policy of affording to children of unmarried parents, to the extent possible, the same economic standard of living enjoyed by children living in intact families consisting of parents with similar financial means. (2) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent authorized by subsection (d) of this Code section. In the final judgment or decree in a divorce case in which there are minor children, or in other cases which are governed by the provisions of this Code section, the court shall;
(A) Specify in what amount and from which party the minor children are entitled to permanent support as determined by use of the worksheets; (B) Specify as required by Code Section 19-5-12 in what manner, how often, to whom, and until when the support shall be paid; (C) Include a written fmding of the gross income of the father and the mother as determined by the factfinder; (D) Determine whether health insurance for the child or children involved is reasonably available at a reasonable cost to either parent. If the insurance policy is reasonably available at a reasonable cost to the parent, then the court may order that the child or children be covered under such insurance; and (E) Include written fmdings of fact as to whether one or more of the deviations allowed under this Code section are applicable, and ifone or more such deviations are applicable, the written findings of fact shall further set forth:
(i) The reasons the court deviated from the presumptive amount of child support; (ii) The amount of child support that would have been required under the child support guidelines if the presumptive amount had not been rebutted; and (iii) A fmding that states how application ofthe child support guidelines would be unjust or inappropriate in the case immediately under consideration considering the relative ability of each parent to provide support and how the best interests of the child or children who are subject to the support award determination are served by deviation from the presumptive guideline amount. (3) When support is awarded, the party who is required to pay the support shall not be liable to third persons for necessaries furnished to the child or children embraced in the judgment or decree. In any contested case, the parties shall submit to the court their worksheets and the presence or absence of other factors to be considered by the court pursuant to the provisions of this Code section. In any case in which the gross incomes of the futher and the mother are determined by a jury, the court shall charge the provisions of this Code section applicable to the determination of gross income and the jury shall be

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required to return a special interrogatory. Based upon the jury's verdict as to gross income, the court shall determine the child support obligation in accordance with the provisions ofthis Code section. (4) Nothing contained within this Code section shall prevent the parties from entering into an enforceable agreement to the contrary which may be made the order of the court pursuant to the review by the court of the adequacy of the child support amounts negotiated by the parties, including the provision for medical expenses and health insurance; provided, however, that if the agreement negotiated by the parties does not comply with the provisions contained in this Code section and does not contain findings of fact as required to support a deviation, the court shall reject such agreement. To assist in this determination by the court, the parties shall provide all child support worksheets utilized by the parties to determine the child support amounts proposed in the agreement. (c) In the event of a hearing or trial on the issue of child support, the guidelines enumerated in this Code section are intended by the General Assembly to be guidelines only and any court so applying these guidelines shall not abrogate its responsibility in making the final determination of child support based on the evidence presented to it at the time of the hearing or trial. (d) The duty to provide support for a minor child shall continue until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever frrst occurs; provided, however, that, in any temporary or final order for child support with respect to any proceeding for divorce, separate maintenance, legitimacy, or paternity entered on or after July 1, 1992, the court, in the exercise of sound discretion, may direct either or both parents to provide financial assistance to a child who has not previously married or become emancipated, who is enrolled in and attending a secondary school, and who has attained the age of majority before compl~ting his or her secondary school education, provided that such financial assistance shall not be required after a child attains 20 years of age. The provisions for support provided in this subsection may be enforced by either parent or the child for whose benefit the support is ordered. (e) Gross income.
(1)(A) Gross income of each parent shall be determined in the process of setting the presumptive child support order and shall include all income from any source, before deductions fur taxes and other deductions such as preexisting child support orders and credits for other qualified children, whether earned or unearned, and includes, but is not limited to, the following:
(i) Salaries; (ii) Commissions, fees, and tips; (iii) Income from self-employment; (iv) Bonuses; (v) Overtime payments; (vi) Severance pay;

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(vii) Recurring income from pensions or retirement plans including, but not limited to, Veterans' Administration, Railroad Retirement Board, Keoughs, and individual retirement accounts; (viii) Interest income; (ix) Dividend income; (x) Trust income; (xi) Income from annuities; (xii) Capital gains; (xiii) Disability or retirement benefits that are received from the Social Security Administration pursuant to Title XI of the federal Social Security Act; (xiv) Workers' compensation benefits, whether temporary or permanent; (xv) Unemployment insurance benefits; (xvi) Judgments recovered for personal injuries and awards from other civil actions; (xvii) Gifts that consist of cash or other liquid instruments, or which can be converted to cash; (xviii) Prizes; (xix) Lottery winnings; (xx) Alimony or maintenance received from persons other than parties to the proceeding before the court; and (xxi) Assets which are used for the support of the family. (B) Excluded from gross income are the following: (i) Child support payments received by either parent for the benefit of a child or children of another relationship; and (ii) Benefits received from means-tested public assistance programs such as, but not limited to:
(I) PeachCare for Kids Program, Temporary Assistance for Needy Families, or similar programs in other states or territories under Title IV-A of the federal Social Security Act; (II) Food stamps or the value of food assistance provided by way of electronic benefits transfer procedures by the Department of Human Resources; (III) Supplemental security income received under Title XVI of the federal Social Security Act; (IV) Benefits received under Section 402(d) of the federal Social Security Act for disabled adult children of deceased disabled workers; and (V) Low Income Heating and Energy Assistance Program payments. (2)(A) When establishing an initial order of child support, if a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to support or ability to support in prior years, and the court has no other reliable evidence of the parent's income or income potential, gross income for the

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current year shall be determined by imputing gross income based on a 40 hour workweek at minimum wage. (B) When cases with established orders are reviewed for modification and a parent fails to produce reliable evidence of income, such as tax returns for prior years, check stubs, or other information for determining current ability to support or ability to support in prior years, and the court has no other reliable evidence of that parent's income or income potential, the court may enter an order to increase the child support obligation of the parent failing or refusing to produce evidence of income by an increment of at least 10 percent per year of that parent's pro rata share of the basic child support obligation for each year since the support order was entered or last modified. (C) In either circumstance in subparagraph (A) or (B) of this paragraph, either parent may later provide within 90 days, upon motion to the court, the reliable evidence necessary to determine the appropriate amount of support based upon reliable evidence. The court may increase or reduce the amount of current support from the date of filing of either parent's initial filing or motion to modify child support, but arrearages or retroactive amounts entered in an order based upon imputed income shall not be forgiven. When a parent, whose income has been imputed under subparagraph (A) or (B) of this paragraph, provides reliable evidence to support a modification of the amount of income imputed for that parent, the parent is not required to demonstrate the existence of a significant variance otherwise required for modification of an order pursuant to subsection (1) of this Code section. (3)(A) Income from self-employment includes income from, but not limited to, business operations, work as an independent contractor or consultant, sales of goods or services, and rental properties, less ordinary and reasonable expenses necessary to produce such income. Income from self-employment, rent, royalties, proprietorship of a business, or joint ownership of a partnership, limited liability company, or closely held corporation is defined as gross receipts minus ordinary and necessary expenses required for self-employment or business operations. Ordinary and reasonable expenses of self-employment or business operations necessary to produce income do not include:
(i) Excessive promotional, travel, vehicle, or personal living expenses, depreciation on equipment, or costs of operation ofhome offices; or (ii) Amounts allowable by the Internal Revenue Service for the accelerated component of depreciation expenses, investment tax credits, or any other business expenses determined by the court to be inappropriate for determining gross income. In general, income and expenses from self-employment or operation of a business should be carefully reviewed by the factfinder and the court to determine an appropriate level of gross income available to the parent to satisfy a child support obligation. Generally, this amount will differ from a determination ofbusiness income for tax purposes.

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(B)(i) An additional deduction of 6.2 percent of FICA and 1.45 percent of medicare, or in any amount subsequently set by federal law as FICA and medicare tax, shall be deducted from a parent's gross income earned from self-employment, up to the amounts allowed under federal law. (ii) Any self-employment tax paid shall be deducted from gross income as part of the calculation of a parent's adjusted gross income. (4)(A) Fringe benefits fur inclusion as income or 'in kind' remuneration received by a parent in the course of employment, or operation of a trade or business, shall be counted as income if they significantly reduce personal living expenses. (B) Such fringe benefits might include, but are not limited to, use of a company car, housing, or room and board. (C) Basic allowance for housing, basic allowance for subsistence, and variable housing allowances for members of the armed services are considered income for the purposes of determining child support. (D) Fringe benefits do not include employee benefits that are typically added to the salary, wage, or other compensation that a parent may receive as a standard added benefit, including but not limited to employer paid portions of health insurance premiums or employer contributions to a retirement or pension plan. (5)(A) Benefits received under Title XI of the federal Social Security Act by a child on the obligor s ace ount shall be counted as child support payments and shall be applied against the child support obligation ordered to be paid by the obligor for the child. (B) If after calculating the obligor's gross income as defined in this subsection, including the countable Social Security benefits in division (1 )(A)(xiii) of this subsection, and after calculating the amount of the child support obligation using the child support worksheet, the amount of the child support obligation is greater than the Social Security benefits paid on behalf of the child on the obligor's account, the obligor shall be required to pay the amount exceeding the Social Security benefit as part of the child support obligation in the case. (C)(i) If after calculating the obligor's gross income as defined in this subsection, including the countable Social Security benefits in division (1)(A)(xiii) ofthis subsection, and after calculating the amount of the child support obligation using the child support worksheet, the amount of the child support obligation is equal to or less than the Social Security benefits paid to the caretaker on behalf of the child on the obligor s account, the child support obligation of that parent is met and no further child support obligation shall be paid. (ii) Any benefit amounts under Title XI of the federal Social Security Act as determined by the Social Security Administration sent to the caretaker by the Social Security Administration for the child's benefit which are greater than the child support obligation ordered by the court shall be

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retained by the caretaker for the child's benefit and shall not be used as a reason for decreasing the child support order or reducing arrearages. (D) The court shall make a written finding of fact in the child support order regarding the use of the Social Security benefits in the calculation of the child support obligation. (6) Variable income such as commissions, bonuses, overtime pay, and dividends shall be averaged by the fuctfinder over a reasonable period oftime consistent with the circumstances of the case and added to a parent's fixed salary or wages to determine gross income. When income is received on an irregular, nonrecurring or one-time basis, the court may, but is not required to, average or prorate the income over a reasonable specified period of time or require the parent to pay as a one-time support amount a percentage of his or her nonrecurring income, taking into consideration the percentage of recurring income of that parent. (7)(A) A determination of whether a parent is willfully or voluntarily unemployed or underemployed shall ascertain the reasons for the parent's occupational choices and assess the reasonableness of these choices in light of the parent's obligation to support his or her child or children and to determine whether such choices benefit the child or children. A determination of willful and voluntary unemployment or underemployment is not limited to occupational choices motivated only by an intent to avoid or reduce the payment of child support. A determination of willful and voluntary unemployment or underemployment can be based on any intentional choice or act that affects a parent's income. (B) Factors for the court to consider when determining willful and voluntary unemployment or underemployment include, but are not limited to: (i) The parent's past and present employment; (ii) The parent's education and training; (iii) Whether unemployment or underemployment for the purpose of pursuing additional training or education is reasonable in light of the parent's obligation to support his or her child or children and, to this end, whether the training or education may ultimately benefit the child or children in the case immediately under consideration by increasing the parent's level of support for that child or those children in the future; (iv) A parent's ownership of valuable assets and resources, such as an expensive home or automobile, that appear inappropriate or unreasonable for the income claimed by the parent; and (v) The parent's role as caretaker of a handicapped or seriously ill child of that parent, or any other handicapped or seriously ill relative for whom that parent has assumed the role of caretaker, which eliminates or substantially reduces the parent's ability to work outside the home, and the need of that parent to continue in that role in the future. (C) When considering the income potential of a parent whose work experience is limited due to the caretaker role of that parent, the court shall consider the following fuctors:

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(i) Whether the parent acted in the role of full-time caretaker immediately prior to separation by the married parties or prior to the divorce or annulment of the marriage or dissolution of another relationship in which the parent was a full-time caretaker; (ii) The length of time the parent staying at home has remained out of the workforce for this purpose; (iii) The parent's education, training, and ability to work; and (iv) Whether the parent is caring for a child or children who are four years of age or younger. (D) If the court determines that a parent is willfully and voluntarily unemployed or underemployed, child support shall be calculated based on a determination of potential income, as evidenced by educational level or previous work experience. In the absence of any other reliable evidence, income may be imputed to the parent pursuant to a determination that gross income for the current year is based on a 40 hour workweek at minimum wage. (E) A determination of willful and voluntary unemployment or underemployment shall not be made when an individual is activated from the National Guard or other armed forces unit or enlists or is drafted for full-time service in the armed forces ofthe United States. (8)(A) An adjustment to the parent's gross income shall be made on the child support worksheet for current preexisting orders actually being paid under an order of support for a period of not less than 12 consecutive months immediately prior to the date of the hearing before the court to set, modify, or enforce child support. (B) In calculating the adjustment for preexisting orders, the court shall include only those preexisting orders where the date of entry of the initial support order precedes the date of entry of the initial order in the case immediately under consideration. (C) The priority for preexisting orders is determined by the date ofthe initial order in each case. Subsequent modifications of the initial support order shall not affect the priority position established by the date of the initial order. (D) Adjustments are allowed for current preexisting support only to the extent that the payments are actually being paid as evidenced by documentation including, but not limited to, payment history from a court clerk, a Title IV-D agency, as defmed in Code Section 19-6-31, the Department of Human Resources computer system, the department's Internet child support payment history, or canceled checks or other written proof of payments paid directly. The maximum credit allowed for a preexisting order is an average of the amount of current support actually paid under the preexisting order over the past 12 months prior to the hearing date. (E) All preexisting orders shall be entered on the credit worksheet for the purpose of calculating the total amount of the credit to be included on the child support worksheet, but the preexisting orders shall not be used on the

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credit worksheet as a deduction against gross income for the purpose of calculating a theoretical child support order. (F) Payments being made by a parent on any arrearages shall not be considered payments on preexisting or subsequent orders and shall not be used as a basis for reducing gross income. (9)(A) In addition to the adjustments to gross income for self-employment tax provided in subparagraph (B) of paragraph (3) ofthis subsection and for preexisting orders provided in paragraph (8) of this subsection, credits for either parent's other child or children qualified under this paragraph may be considered by the court for the purpose of reducing the parent's gross income or as a reason for deviation. Credits may be considered for a qualified child:
(i) For whom the parent is legally responsible and in whose home that child resides; (ii) The parent is actually supporting; (iii) Who is not subject to a preexisting order for child support; and (iv) Who is not before the court to set, modify, or enforce support in the case immediately under consideration. Stepchildren and other minors in the home that the parent has no legal obligation to support shall not be considered in the calculation of this credit. To consider a parent's qualified other child or children for credit, a parent must present documentary evidence of the parent-child relationship to the court. (B) Credits against income pursuant to this paragraph may be considered in such circumstances in which the failure to consider such child or children would cause substantial hardship to the parent. Use of this credit is appropriate when a child support order is entered. Credits may also be appropriate when a child support order is modified to rebut a claim for increased child support brought by the custodial parent. If the court, in its discretion, decides to apply this credit, a parent's current financial responsibility for his or her natural or adopted child or children who currently reside with the parent, other than a child or children for whom child support is being determined in the pending action, can be no greater than an amount (i) equal to the basic child support obligation for that child or those children based on the parent's income if the other parent of such child or children does not live with the parent and child or children or (ii) one-half of the basic child support obligation for such child or children based on the combined incomes of both of the parents of such child or children if the other parent of such child or children lives with the parent and the child or children. (C) Credits against income fur another qualified child or other qualified children shall be calculated and recorded on the credit worksheet and then entered on the child support worksheet for the purpose of reducing the parent's gross income on the child support worksheet. However, except for self-employment taxes paid, no other amounts shall be subtracted from the

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parent's gross income on the credit worksheet when calculating a theoretical support order under this paragraph. ( 10) Actual payments of alimony should not be considered as a deduction from gross income but may be considered as a factor to vary from the final presumptive child support order. If the court considers the actual payment of alimony, the court shall make a written finding of such consideration as a basis for deviation from the final presumptive child support order. ( 11) In multiple family situations, the adjustments to a parent's gross income shall be calculated in the following order: (A) Preexisting orders according to the date ofthe initial order; and (B) After applying the deductions on the child support worksheet for preexisting orders, if any, in subparagraph (E) of paragraph (8) of this subsection, any credit for a parent's qualified other child or children may be considered using the procedure set forth in subparagraph (A) of this paragraph. (f) The basic child support obligation is determined based upon the parent's gross income and by using the corresponding child support obligation table as established and maintained by the Georgia Child Support Commission. If the combined monthly adjusted gross income falls between the amounts shown in the table, then the child support obligation shall be based on the income bracket most closely matched to the combined monthly adjusted gross income. The number of children column on the table corresponds to children for whom parents share joint legal responsibility and for whom support is being sought. (g)(l) The child support obligation table does not include the cost of the child's work related child care costs or the cost of health insurance premiums or uninsured health expenses. The additional expenses for the child's health insurance premium and work related child care shall be included in the calculations to determine child support. (2)(A) Work related child care expenses necessary for the parent's employment, education, or vocational training that are determined by the court to be appropriate, and that are appropriate to the parents' financial abilities and to the lifestyle of the child or children if the parents and child or children were living together, shall be averaged for a monthly amount and entered on the child support worksheet in the column of the parent initially paying the expense. Work related child care expenses of a nonparent caretaker shall be considered when determining the amount of this expense. (B) If a child care subsidy is being provided pursuant to a means-tested public assistance program, only the amount of the child care expense actually paid by either parent shall be included in the calculation. (C) If either parent is the provider of child care services to the child or children for whom support is being determined, the value of those services shall not be added to the basic child support obligation when calculating the support award.

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(D) If child care is provided by a family member, other unpaid person, or provided by a parent's employer without charge to the parent, then the value of these services shall not be added to the basic child support obligation. (3)(A) The amount that is, or will be, paid by a parent for health insurance for the child or children for whom support is being determined shall be added to the basic child support obligation and prorated between the parents based upon their respective incomes. Payments made by a parent's employer for health insurance and not deducted from the parent's wages are not included. When a child or children for whom support is being determined are covered by a family policy, only the health insurance premium actually attributable to that child or those children is added. If this amount is not available or cannot be verified, the total cost of the premium shall be divided by the total number of persons covered by the policy and then multiplied by the number of covered children for whom support is being determined. (B) The amount of the cost for the child's or children's health insurance premium and work related child care expenses shall be determined and added to the basic child support obligation as 'additional expenses' whether paid directly by the parent or through a payroll deduction. (C) The total amount of the cost for the child's or children's health insurance premium and work related child care shall be divided between the parents pro rata to determine the total presumptive child support order and shall be included in the worksheet and written order of the court together with the amount ofthe basic child support obligation. (4)(A) If health insurance that provides for the health care needs of the child or children can be obtained by a parent at reasonable cost, then an amount to cover the cost of the premium shall be added to the basic child support obligation. A health insurance premium paid by a nonparent caretaker shall be included when determining the amount of this expense. In determining the amount to be added to the order for this cost, only the amount of the insurance cost attributable to the child or children who are the subject of the support order shall be included. (B) If coverage is applicable to other persons and the amount of the health insurance premium attributable to the child or children who are the subject of the current action for support is not verifiable, the total cost to the parent paying the premium shall be prorated by the number of persons covered so that only the cost attributable to the child or children who are the subject of the order under consideration is included. This amount shall be determined by dividing the total amount of the insurance premium by the number of persons covered by the insurance policy and taking the resulting amount and multiplying it by the number of children covered by the insurance policy. This monthly cost shall be entered on the child support worksheet in the column of the parent paying the premium.

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(C) Eligibility for or enrollment of the child or children in Medicaid shall not satisfy the requirement that the child support order provide for the child's or children's health care needs. (h)( 1) The court shall determine each parent's pro rata share of the additional expenses by multiplying the percentage of income of each parent by the combined total additional expenses. (2)(A) In standard parenting situations, the adjusted support obligation is the parent's share of the basic child support obligation plus the parent's share of any additional expenses for the child's or children's health insurance premium and work related child care. (B) In split parenting situations, the adjusted support obligation is each parent's basic child support obligation for the child or children in the other parent's care plus each parent's share of any additional expenses for the child or children's health insurance premium and work related child care. (C) If a parenting time adjustment has been calculated in either a standard or split parenting situation and that parent's share of the basic child support obligation is adjusted as specified in paragraph (5) of this subsection, then each parent's adjusted support obligation is calculated pursuant to this paragraph. (3 )(A) If a parent pays directly or through payroll deduction the child's or children's health insurance premium, or pays through payroll deduction work related child care costs, the total amount of the expenses paid in this manner shall first be entered on the child support worksheet to be used in calculating total additional expenses and each parent's adjusted support obligation. (B) Once the adjusted support obligation has been calculated, the expenses paid by the parent as indicated in subparagraph (A) of this paragraph shall be deducted from the adjusted support obligation of that parent to credit the parent for the payment of these expenses. The amount ofthe deduction for the health insurance premium or payroll deduction for the work related child care expense shall be included in the child support order to identifY the amount and nature of the child support obligation. These expenses shall not be included in the noncustodial parent's income deduction order. The order shall require that these expenses continue to be paid in the same manner as they were being paid prior to the instant action. (C) To the extent that work related child care expenses are not included in subsection (g) of this Code section, the expense shall be accounted for in the noncustodial parent's income deduction order as part of the child support order. The custodial parent shall pay this expense in full out of his or her income and the child support award. (4)(A) The child's or children's uninsured health expenses, including, but not limited to, deductibles, copayments, and dental, orthodontic, counseling, psychiatric, vision, hearing, and other medical needs not covered by insurance, shall be the financial responsibility of both parents. The order of the court shall include provisions for payment of the uninsured medical

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expenses. The parents shall divide these expenses pro rata, unless otherwise specifically ordered by the court. (B) If a parent fails to pay his or her pro rata share of the child's or children's, uninsured medical expenses, as specified in the child support order, within a reasonabl!! time after receipt of evidence documenting the uninsured portion of the expense, the other parent, the nonparent caretaker, or the state or its Title IV-D agency, as defined in Code Section 19-6-31, may enforce payment of the expense by any means permitted by law. (5) No adjustment to gross income shall be made in the calculation of a child support obligation which seriously impairs the ability of the custodial parent in the case immediately under consideration to maintain minimally adequate housing, food, and clothing for the child or children being supported by the order and to provide other basic necessities, as determined by the court. (i)(1) The amount of child support established by this Code section and the child support obligation table are rebuttable and the court may deviate from the presumptive child support order in compliance with this subsection. In deviating from the child support guidelines, primary consideration shall be given to the best interest of the child or children for whom support under the child support guidelines are being determined. (2) When ordering a deviation from the presumptive amount of child support established by the child support guidelines, the court's order shall contain written findings offact stating: (A) The reasons for the change or deviation from the presumptive child support order; (B) The amount of child support that would have been required under the child support guidelines if the presumptive child support order had not been rebutted; and (C) How, in its determination,
(i) Application of the child support guidelines would be unjust or inappropriate in the case immediately under consideration; and (ii) The best interests of the child for whom support is being determined will be served by deviation from the presumptive child support order. No deviation in the amount of the child support obligation shall be made which seriously impairs the ability of the custodial parent in the case immediately under consideration to maintain minimally adequate housing, food, and clothing for the child or children being supported by the order and to provide other basic necessities, as determined by the court. (3)(A) For purposes of this paragraph, parents are considered to be high-income parents if their combined adjusted gross income exceeds $20,000.00 per month. (B) For high-income parents, the court shall set the child support obligation at the highest amount allowed by the child support obligation table but may consider upward deviation to attain an appropriate award of child support for high-income parents which is considered in the best interest of the child or children.

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(4) Deviation from the child support guidelines may be appropriate for reasons in addition to those established under subsection (g) of this Code section when the court finds it is in the best interest of the child, in accordance with the requirements of subsection (e) of this Code section and the following procedures:
(A) In making its determination regarding a request for deviation pursuant to this subsection, the court shall consider all available income of the parents and shall make a written finding that an amount of child support other than the amount calculated under the child support guidelines is reasonably necessary to provide for the needs of the child or children for whom support is being determined in the case immediately under consideration. If the circumstances which supported the deviation cease to exist, the child support order may be modified to eliminate the deviation; (B) In cases where the child or children are in the legal custody of the Department of Human Resources, the child protection or foster care agency of another state or territory, or any other child caring entity, public or private, the court may consider a deviation from the presumptive child support order ifthe deviation will assist in accomplishing a permanency plan or foster care plan for the child or children that has a goal of returning the child or children to the parent or parents and the parent's need to establish an adequate household or to otherwise adequately prepare herself or himself for the return of the child or children clearly justifies a deviation for this purpose; (C) If parenting time related travel expenses are substantial due to the distance between the parents, the court may order the allocation of such costs by deviation from the basic child support obligation, taking into consideration the circumstances of the respective parties as well as which parent moved and the reason that the move was made; and
(D)(i) The child support obligation table includes average child rearing expenditures for families given the parents' monthly combined income and number of children. Extraordinary expenses are in excess of these average amounts and are highly variable among families. For these reasons, extraordinary expenses, other than the health insurance premium and work related child care, shall be considered on a case by case basis in the calculation of support and added to the basic support award as a deviation so that the actual amount of the expense is considered in the calculation of the final child support order for only those families actually incurring the expense.
(ii)(I) Extraordinary educational expenses may be added to the basic child support as a deviation. Extraordinary educational expenses include, but are not limited to, tuition, room and board, lab fees, books, fees, and other reasonable and necessary expenses associated with special needs education or private elementary and secondary schooling that are appropriate to the parent's financial abilities and to the lifestyle

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of the child or children if the parents and child or children were living together. (II) In determining the amount of deviation for extraordinary educational expenses, scholarships, grants, stipends, and other cost reducing programs received by or on behalf ofthe child or children shall be considered. (III) If a deviation is allowed for extraordinary educational expenses, a monthly average of these expenses shall be based on evidence of prior or anticipated expenses and entered on the child support worksheet in the deviation section. (iii)(!) Special expenses incurred for child rearing, including but not limited to expense variations related to the food, clothing, and hygiene costs of children at different age levels, which can be quantified may be added to the child support obligation as a deviation from the presumptive child support order. Such expenses include, but are not limited to, summer camp, music or art lessons, travel, school sponsored extra curricular activities, such as band, clubs, and athletics, and other activities intended to enhance the athletic, social, or cultural development of a child but are not otherwise required to be used in calculating the child support order as are health insurance premiums and work related child care costs. (II) A portion of the basic child support obligation is intended to cover average amounts of special expenses incurred in the rearing of a child. When special expenses exceed 7 percent of the monthly basic child support obligation, then the court shall consider additional amounts of support as a deviation to cover the full amount of these special expenses. (iv) In instances of extreme economic hardship, such as in cases involving extraordinary medical needs not covered by insurance or other extraordinary special needs for the child or children of a parent's current family, deviation from the child support guidelines may be considered. In such cases, the court shall consider the resources available for meeting such needs, including those available from agencies and other adults. (5)(A) For purposes of this paragraph, a parent is considered to be a low-income person if his or her annual gross income is at or below the federal poverty level for a single person. (B) The court may consider the low income of the custodial parent or the noncustodial parent as a basis for deviation from the guideline amounts. (C) The court shall consider all nonexempt sources of income available to each party and all expenses actually paid by each party. (D) The party seeking a low-income deviation shall present to the court documentation of all his or her income and expenses or provide sworn statements of all his or her income and expenses in support of the requested deviation.

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(E) The court shall make a written finding in its order that the deviation from the child support guidelines based upon the low income and reasonable expenses of a party are clearly justified and shall make the necessary written fmdings pursuant to this paragraph. (F) The court may deviate from the lowest amount of child support provided for in the basic child support guideline table and shall make the necessary written findings if it chooses to deviate. (j)( 1) The child support guidelines presume that when parents live separately, the child or children will typically reside primarily with the custodial parent and stay overnight with the noncustodial parent a minimum of every other weekend from Friday to Sunday, two weeks in the summer, and two weeks during holidays throughout the year, for a total of 80 days per year. The child support guidelines also recognize that some families may have different parenting situations and thus allow for an adjustment in the noncustodial parent's child support obligation, as appropriate, in compliance with the criteria specified in this subsection. The calculations made for each parenting situation shall be based on specific factual information regarding the amount of time each parent has with the child. (2)(A) If the noncustodial parent spends 100 or more days per calendar year with a child or children, an assumption is made that the noncustodial parent is making greater expenditures on the child or children due to the duplication of some child rearing expenditures between the two households, for example, housing or food, and a reduction to the noncustodial parent's child support obligation maybe made to account for these expenses. (B) The noncustodial parent's child support obligation may be reduced for the days of additional parenting time based upon the following schedule:

Number of Days

Percent Reduction in Support

100 -136 days

10 percent

137 -151 days

20 percent

152 -166 days

30 percent

167 -181 days

40 percent

182 or more days

50 percent

(C) The presumption that more parenting time by the noncustodial parent shall result in a reduction to the noncustodial parent's support obligation may be rebutted by evidence. (D) If there is more than one child in the case with whom the noncustodial parent spends 100 days or more per year, and the noncustodial parent is spending different amounts of time with each child, then the time the noncustodial parent spends with each child shall be averaged to determine the parenting time adjustment.

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(3)(A) Ifthe noncustodial parent spends 60 or fewer days per calendar year with a child or children, an assumption is made that the custodial parent is making greater expenditures on the child or children for items such as food and baby-sitting associated with the increased parenting time by the custodial parent, and an increase in the noncustodial parent's child support obligation may be made. (B) The noncustodial parent's child support obligation may be increased for the reduction in days of the noncustodial parent's parenting time based upon the following schedule:

Number of Days

Percent Increase in Support

60-39 days

10 percent

38-24 days

20 percent

23-9 days

30 percent

8-0 days

35 percent

(C) The presumption that less parenting time by the noncustodial parent shall result in an increase to the noncustodial parent's support obligation may be rebutted by evidence. (D) Ifthere is more than one child in the case with whom the noncustodial parent spends 60 or fewer days per year, and the noncustodial parent is spending different amounts of time with each child, then the time the noncustodial parent spends with each child is averaged to determine the parenting time adjustment. (4) Ifthere are additional children fur whom support is being calculated with whom the noncustodial parent spends more than 60 days but less than 100 days per calendar year, the days with these children are not included in the calculation for the parenting time adjustment. (5) If a child support obligation is being calculated for multiple children, and the noncustodial parent spends 100 days or more per year with at least one child and 60 or fewer days with at least one child, then the percentage increase is offset against the percentage decrease and the resulting percentage is applied to the child support obligation. (k) In the event a parent suffers an involuntary termination of employment, has an extended involuntary loss of average weekly hours, is involved in an organized strike, incurs a loss of health, or similar involuntary adversity resulting in a loss of income of 25 percent or more, then the portion of child support attributable to lost income shall not accrue from the date of the filing of the petition for modification, provided that service is made on the other parent. (1)( 1) The adoption of these child support guidelines constitutes a significant material change in the establishment and calculation of child support orders. In any proceeding to modifY an existing order, an increase or decrease of 15 percent or more between the amount of the existing order and the amount of

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child support resulting from the application of these child support guidelines shall be presumed to constitute a substantial change of circumstances as may warrant a modification based upon the court's considerations of the parent's fmancial circumstances and the needs of the children. This differential shall be calculated by applying 15 percent to the existing award. If there is a material change in the futher' s income, the mother's income, the needs of the child or children, or the needs of either parent, either parent shall have the right to petition for modification of the child support award regardless of the length of time since the establishment or most recent modification of the child support award. If there is a difference of30 percent or more between a new award and a prior award, the court may, at its discretion, phase in the new child support award over a period of up to one year with the phasing in being largely evenly distributed with at least an initial immediate adjustment of not less than 25 percent of the difference and at least one intermediate adjustment prior to the fmal adjustment at the end of the phase-in period. (2) In proceedings for the modification of a child support award pursuant to the provisions of this Code section, the court may award attorneys' fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require. Where a custodial parent prevails in an upward modification of child support based upon the noncustodial parent's failure to be available and willing to exercise visitation as scheduled under the prior order, reasonable and necessary attorney's fees and expenses of litigation shall be awarded to the custodial parent. (3) No petition to modify child support may be filed by either parent within a period of two years from the date ofthe final order on a previous petition by the same parent except where the child support obligation table created by the Georgia Child Support Commission creates a difference of 15 percent or more between a new award and a prior award. (m) For split custody situations, a worksheet shall be prepared separately for the child or children for whom the father is custodial parent and for the child or children for whom the mother is the custodial parent; and that worksheet shall be entered into the record. For each ofthese two custodial situations, the court shall enter which parent is the obligor, the presumptive award, and the actual award, if different from the presumptive award; how and when the net cash support owed shall be paid; and any other child support responsibilities for each of the parents. (n) The child support obligation table shall be proposed by the Georgia Child Support Commission and set as determined by joint resolution of the General Assembly.'

SECTION 6. Said title is further amended by striking Code Section 19-6-19, relating to revision of judgment for permanent alimony or child support generally, and inserting in lieu thereof the following:

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'19-6-19. (a) The judgment of a court providing permanent alimony for the support of a spouse rendered on or after July I, 1977, shall be subject to revision upon petition filed by either former spouse showing a change in the income and financial status of either former spouse. A petition shall be filed and returnable under the same rules ofprocedure applicable to divorce proceedings. No petition may be filed by either former spouse under this subsection within a period of two years from the date of the final order on a previous petition by the same former spouse. After hearing both parties and the evidence, the jury, or the judge where a jury is not demanded by either party, may modify and revise the previous judgment, in accordance with the changed income and financial status of either former spouse in the case of permanent alimony for the support of a former spouse, or in accordance with the changed income and financial status of either former spouse if such a change in the income and financial status is satisfactorily proved so as to warrant the modification and revision. In the hearing upon a petition filed as provided in this subsection, testimony may be given and evidence introduced relative to the income and financial status ofeither former spouse. (b) Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of a spouse, the voluntary cohabitation of such former spouse with a third party in a meretricious relationship shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former spouse. As used in this subsection, the word 'cohabitation' means dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person. In the event the petitioner does not prevail in the petition for modification on the ground set forth in this subsection, the petitioner shall be liable for reasonable attorney's fees incurred by the respondent for the defense of the action. (c) When an action for revision of a judgment for permanent alimony under this Code section is pending, the court in its discretion may allow, upon motion, the temporary modification of such a judgment, pending the final trial on the petition. In considering an application for temporary modification under this subsection, the court shall consider evidence of any changed circumstances of the parties and the reasonable probability of the petitioner obtaining revision upon final trial. The order granting temporary modification shall be subject to revision by the court at any time before final trial. (d) In proceedings fur the modification of alimony for the support of a spouse pursuant to the provisions of this Code section, the court may award attorneys' fees, costs, and expenses of litigation to the prevailing party as the interests of justice may require.'

SECTION 7. Said title is further amended by striking Code Section 19-6-20, relating to revision of judgment for permanent alimony or child support generally, merits not an issue, and inserting in lieu thereof the following:

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'19-6-20. In the trial on a petition authorized in subsection (a) of Code Section 19-6-19, the merits of whether a party is entitled to alimony are not an issue. The only issue is whether there has been such a substantial change in the income and financial status of either former spouse, in cases of permanent alimony for the support of a former spouse, as to warrant either a downward or upward revision or modification of the permanent alimony judgment.'

SECTION 8. Said title is further amended by striking Code Section 19-6-21, relating to revision of judgment for permanent alimony or child support not available in case of lump sum award, and inserting in lieu thereof the following:
'19-6-21. A petition authorized in subsection (a) of Code Section 19-6-1 9 can be filed only where a party has been ordered by the final judgment in an alimony or divorce and alimony action to pay permanent alimony in weekly, monthly, annual, or similar periodic payments and not where the former spouse of such party has been given an award from the corpus of the party's estate in lieu of such periodic payment.'

SECTION 9. Said title is further amended by striking Code Section 19-6-22, relating to revision of judgment for permanent alimony or child support, expenses for defense of litigation, and inserting in lieu thereofthe following:
'19-6-22. Where a petition authorized by subsection (a) of Code Section 19-6-19 is filed by a party obligated to pay alimony, the court may require the party to pay the reasonable expenses of litigation as may be incurred by the party's former spouse on behalf of the former spouse in defense thereof.'

SECTION 10. Said title is further amended by striking Code Section 19-6-24, relating to applicability of Code Section 19-6-1 8 or Code Sections 19-6-19 through 19-6-22 to judgments prior to March 9, 1955, and inserting in lieu thereof the following:
'19-6-24.
Code Section 19-6-18 or Code Sections 19-6-19 through 19-6-22, as applicable, shall apply to all judgments for permanent alimony for the support of a wife rendered prior to March 9, 195 5, where all the following conditions are met:
(1) Both parties to the case in which the judgment for permanent alimony was rendered consent in writing to the revision, amendment, alteration, settlement, satisfaction, or release thereof; (2) There are no minor children involved or, ifthere were minor children at the time the original judgment was rendered, the children are all of age at the time the application is filed;

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(3) The judge of the court wherein the original judgment for permanent alimony was rendered approves the revision, amendment, alteration, settlement, satisfaction, or release; and (4) The consent of the parties, together with the court's approval, is filed with the clerk of the court wherein the original judgment for permanent alimony was rendered.'

SECTION 11. Said chapter is further amended by designating the existing matter as Article 1 and adding a new Article 2 to the end ofthe chapter to read as follows:

'ARTICLE 2

19-6-50. There is created the Georgia Child Support Commission for the purpose of studying and collecting information and data relating to awards of child support and to create and revise the child support obligation table. The commission shall be responsible for conducting a comprehensive review of the child support guidelines, economic conditions, and all matters relevant to maintaining effective and efficient child support guidelines and modifying child support orders that will serve the best interest of Georgia's children and take into account the changing dynamics of family life. Further, the commission shall determine whether adjustments are needed to the child support obligation table taking into consideration the guidelines set forth in Code Section 19-6-53. Nothing contained in the commission's report shall be considered to authorize or require a change in the child support obligation table without action by the General Assembly.

19-6-51. (a) The Georgia Child Support Commission shall be composed of 15 members. The Governor shall appoint all of the members as follows:
(1) Three members who shall be judges in a superior court; (2) One member who shall be a Justice ofthe Supreme CourtofGeorgia or a Judge of the Georgia Court ofAppeals or the justice's or judge's designee; (3) Two members of the House of Representatives and two members of the Senate; and (4) Seven other members. Each member of the commission shall be appointed to serve for a term of four years or until his or her successor is duly appointed except the members of the General Assembly, who shall serve until completion of their current terms of office. The initial members of the commission appointed pursuant to paragraph (1) of this subsection shall serve for terms of three years. The initial member of the commission appointed pursuant to paragraph (2) of this subsection shall serve for a term of four years. The initial members of the commission appointed pursuant to paragraph (4) of this subsection shall serve for terms of two years.

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The initial members of the commission shall be appointed within 30 days of the effective date of this Act, and shall serve until their terms expire. The succeeding members of the commission shall begin their terms of office on July 1 of the year in which appointed. A member may be appointed to succeed himself or herself on the commiss ion. If a member of the commission is an elected official, he or she shall be removed from the commission if he or she no longer serves as an elected official. (b) The Governor shall designate the chairperson of the commission. The commission may elect other officers as deemed necessary. The chairperson of the commission may designate !4J.d appoint committees from among the membership of the commission as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie. (c) The commission shall be attached for administrative purposes only to the Department of Human Resources. The Department of Human Resources shall provide staff support for the commission. The Department of Human Resources shall use any funds specifically appropriated to it to support the work of the commission.

19-6-52. (a) The commission shall hold meetings atthe call of the chairperson or as called by the Governor. Meetings shall be open to the public. (b) A quorum for transacting business shall be a majority of the members of the commission. (c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Members of the commission who are state officials, other than legislative members, or 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 state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the House of Representatives and the Senate.

19-6-53. (a) The commission shall have the following duties:
( 1) To study and evaluate the effectiveness and efficiency of Georgia s child support guidelines;

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(2) To evaluate and consider the experiences and results in other states which utilize child support guidelines;
(3)(A) To create and recommend to the General Assembly a child support obligation table consistent with Code Section 19-6-15. Prior to January 1, 2006, the commission shall produce the child support obligation table and provide an explanation of the underlying data and assumptions to the General Assembly by delivering copies to the President Pro Tempore of the Senate and the Speaker of the House ofRepresentatives.
(B)(i) The child support obligation table shall include deductions from a parent's gross income for the employee's share of the contributions for the first 6.2 percent in Federal Insurance Contributions Act (FICA) and 1.45 percent in medicare taxes. (ii) FICA tax withholding for high-income persons may vary during the year. Six and two-tenths percent is withheld on the first $90,000.00 of gross earnings. After the maximum $5,580.00 is withheld, no additional FICA taxes shall be withheld. (iii) Self-employed persons are required by law to pay the full FICA tax of 12.4 percent up to the $90,000.00 gross earnings limit and the full medicare tax rate of2.9 percent on all earned income. (iv) The percentages and dollar amounts established or referenced in this subparagraph with respect to the payment of self-employment taxes shall be adjusted by the commission, as necessary, as relevant changes occur in the federal tax laws. (C) After reviewing the commission's report, the General Assembly shall consider and approve by joint resolution the initial child support obligation table before the table shall become effective and shall authorize by joint resolution all subsequent child support obligation tables; (4) To determine periodically, and at least every two years, if the child support obligation table results in appropriate presumptive awards; (5) To identifY and recommend whether and when the child support obligation table or child support guidelines should be modified; (6) To develop and publish the child support obligation table and worksheets associated with the use of such table; (7) To develop or cause to be developed software and a calculator associated with the use of the child support obligation table and child support guidelines; (8) To develop training manuals and information to educate judges, attorneys, and litigants on the use of the child support obligation table and child support guidelines; (9) To collaborate with the Institute for Continuing Judicial Education, the Institute of Continuing Legal Education, and other agencies for the purpose of training persons who will be utilizing the child support table and child support guidelines; and (10) To make recommendations for proposed legislation. (b) The commission shall have the following powers:

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(1) To evaluate the child support guidelines in Georgia and any other program or matter relative to child support in Georgia; (2) To request and receive data from and review the records of appropriate agencies to the greatest extent allowed by state and federal law; (3) To accept public or private grants, devises, and bequests; (4) To enter into all contracts or agreements necessary or incidental to the performance of its duties; (5) To establish rules and procedures for conducting the business of the commission; and (6) To conduct studies, hold public meetings, collect data, or take any other action the commission deems necessary to fulfill its responsibilities. (c) The commission shall be authorized to retain the services of auditors, attorneys, financial consultants, child care experts, economists, and other individuals or firms as determined appropriate by the commission:

SECTION 12. Said title is further amended by striking in its entirety Code Section 19-7-2, relating to parents obligations to child, and inserting in lieu thereof the following:
"19-7-2. It is the joint and several duty of each parent to provide for the maintenance, protection, and education of his or her child until the child reaches the age of majority, dies, marries, or becomes emancipated, whichever first occurs, except as otherwise authorized and ordered pursuant to subsection (d) of Code Section 19-6-15 and except to the extent that the duty of the parents is otherwise or further defined by court order.'

SECTION 13. Section 11 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and the remaining sections of this Act shall become effective on July 1, 2006.

SECTION 14. All laws and parts of laws in conflict with this Act are repealed.

Approved April 22, 2005.

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ELECTIONS -MOTOR VEHICLES- VOTER IDENTIFICATION; ABSENTEE BALLOTS; VOTE REQUIREMENTS; NONPARTISAN ELECTIONS; SECRETARY OF STATE; VOTING EQUIPMENT; ELECTION OFFICIALS; PROVISIONAL BALLOTS;
OFFENSES; IDENTIFICATION CARDS.

No. 53 (House Bill No. 244).

AN ACT

To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to amend certain definitions; to provide for the enfOrcement of the chapter by the State Election Board; to provide that vacancies in party nomination caused by the withdrawal of the candidate shall not be filled under certain circumstances; to revise the forms of identification that are acceptable in order to register and to vote in this state; to provide for the voting of absentee ballots by mail without a reason; to remove certain limitations on the distribution of absentee ballot applications by certain organizations; to provide for the processing of such absentee ballot applications; to provide that the political affiliation of candidates in special elections shall be shown on the ballot; to provide that a candidate must receive a majority of the votes cast to be elected to office; to provide that nonpartisan elections shall be held in conjunction with the November general election; to provide for qualifying for such nonpartisan election; to provide for certain procedures concerning write-in candidates; to provide for a state write-in absentee ballot for certain electors; to provide procedures for use of such ballot; to provide when absentee ballots must be available; to provide that no absentee ballot shall be issued on the day prior to a primary or election; to provide that certain absentee ballots that are postmarked by the date of the runoff may be received by the registrars up to three days after the runoff; to change the date of certain runoff primaries and elections; to authorize the Secretary of State to provide copies of the general election ballot and questions on compact disc or other media or an Internet website; to clarify the meaning of governing authority; to authorize the Secretary of State to review ballots fur use on DRE units; to provide fur certain training for poll officers; to change municipal qualifying periods; to provide that a candidate shall use the surname shown on such candidate's voter registration card when qualifying for office; to provide that the form of a candidate's name cannot be changed after the candidate qualifies; to provide for the time of giving notice to be a write-in candidate in special elections; to delete the requirement that the Secretary of State receive all voter registration cards after a system of digitization of voter registration signatures is operational; to provide for the time for challenging the right of an elector to vote who votes by absentee ballot in person; to provide for the sending of certain notices concerning voter registration; to provide that the individual names of candidates for the office of presidential elector shall not be listed on the ballot; to remove the authorization for counties to use lever-type voting

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machines; to remove the requirement that optical scanning ballots have a name stub; to provide for notice of preparation of certain voting equipment prior to runoffs; to remove the elector's place of birth from the absentee ballot oath form; to provide that absentee electors whose vote has been challenged must vote by paper or optical scanning ballot; to provide for the posting of certain information at polling places; to provide for additional state-wide poll watchers; to provide for poll watchers for advance voting sites; to limit the number of state-wide poll watchers at individual polling places simultaneously; to prohibit certain activities within close proximity to the locations where advance voting is taking place; to change the forms of identification that are acceptable for voter registration, fur absentee voting, and for voting at the polls; to require the county registrars to ensure that certain information is contained on the lists of electors used at polling places; to provide for the confidentiality of certain information; to delete the requirement that poll officers ascertain whether someone timely registered to vote prior to allowing such person to vote a provisional ballot; to limit the requirement that all voters vote provisional ballots when poll hours are extended by court order to elections in which federal candidates are on the ballot; to provide for the use of provisional ballots by electors when voting machines or DRE units malfunction or an emergency exists which prevents the use of such devices; to provide for the call of special elections when held in conjunction with state-wide primaries and elections; to provide for the offense of conspiracy to commit election fraud; to amend Code Section 40-5-103 of the Official Code of Georgia Annotated, relating to fee for identification cards, so as to provide that fees for identification cards for persons who are indigent and need an identification card in order to vote shall be waived under certain circumstances; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, is amended by striking paragraphs (5), (9), (22), and (37) of Code Section21-2-2, relating to definitions, and inserting in lieu thereof new paragraphs (5), (9), (22), and (37) to read as follows:
'(5) 'Election' ordinarily means any general or special election and shall not include a primary or special primary unless the context in which the term is used clearly requires that a primary or special primary is included: '(9) Reserved.' '(22) Reserved.' '(3 7) 'Violator' means any individual, partnership, committee, association, corporation, limited liability company, limited liability partnership, professional corporation, trust, enterprise, franchise, joint venture, political party, political body, candidate, campaign committee, political action committee or any other political committee or business entity, or any governing authority that violates any provision of this chapter.'

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SECTION 2. Said chapter is further amended by striking subsection (d) ofCode Section 21-2-4, relating to distribution of summaries of constitutional amendments, and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) The Secretary of State is authorized to provide for the preparation of a supply of audio tapes, compact discs, or other media or an Internet website which shall contain the summary of each proposed general amendment to the Constitution as provided in subsection (a) of this Code section, together with a listing of the candidates for each of the state representatives to the United States Congress and the candidates for every public office elected by the electors of the entire state. A sufficient number of the audio tapes, compact discs, or other media may be prepared as will permit the distribution of at least one tape, disc, or other media form to each of the public libraries within the state for the purpose of providing voting information and assistance to any interested citizen. The Secretary of State may cause a supply of the tapes, discs, or other media to be prepared and distributed as soon as practicable after the summary has been prepared and the names of the candidates for each of the public offices to be included are known to be candidates. If the Secretary of State provides such information through an Internet website, it shall not be necessary to provide such information by audio tape, compact disc, or other media.'

SECTION 3. Said chapter is further amended by striking Code Section 21-2-8, relating to eligibility for nomination, election, and performance of certain acts, and inserting in lieu thereof a new Code Section 21-2-8 to read as follows:
'21-2-8. No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude. Additionally, the person shall not be holding illegally any public funds. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwithstanding the above, the governing authority of a municipality shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent, unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent.'

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SECTION 4. Said chapter is further amended by striking subsection (b) ofCode Section 21-2-9, relating to date ofelection for offices, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the frrst Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections.'

SECTION 5. Said chapter is further amended by striking Code Section 21-2-33.1, relating to the enforcement of the chapter, and inserting in lieu thereof a new Code Section 21-2-33.1 to read as follows:
'21-2-33.1. (a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator:
(1) To cease and desist from committing further violations; (2) To pay a civil penalty not to exceed $5,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. Such penalty may be assessed against any violator as the State Election Board deems appropriate; (3) To publicly reprimand any violator found to have committed a violation; (4) To require that restitution be paid by any violator to a state, county, or city governing authority when it has suffered a monetary loss or damage as the result of a violation; (5) To require violators to attend training as specified by the board; and (6) To assess investigative costs incurred by the board against any violator found to have committed a violation. (b) A civil penalty shall not be assessed against any violator except after notice and hearing as provided by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In addition to the State Election Board, any contested case may be held before any representative of such board who has been selected and appointed by such board for such purpose. The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the State Election Board. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (c) The Attorney General of this state shall, upon complaint by the State Election Board, bring an action in the superior court in the name of the State Election Board for a temporary restraining order or other injunctive relief or for civil penalties assessed against any violator of any provision of this chapter or any rule or regulation duly issued by the State Election Board.

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(d) Any action brought by the Attorney General to enforce civil penalties assessed against any violator of this chapter or any rule or regulation duly issued by the State Election Board or any order issued by the State Election Board ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the State Election Board to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the State Election Board and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (e) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the State Election Board, the judgment, if in favor of the State Election Board, shall provide that the defendant pay to the State Election Board the costs, including reasonable attorneys' fees, incurred by the State Election Board in the prosecution of such action.'

SECTION 6. Said chapter is further amended by striking paragraph (15) of subsection (a) of Code Section 21-2-50, relating to powers and duties of the Secretary of State, and inserting in lieu thereof a new paragraph (15) to read as follows:
'(15) To develop, program, build, and review ballots for use by counties and municipalities on direct recording electronic (DRE) voting systems in use in the state.'

SECTION 7. Said chapter is further amended by striking Code Section 21-2-72, relating to primary and election records to be open to the public, and inserting in lieu thereof a new Code Section 21-2-72 to read as follows:
'21-2-72. Except when otherwise provided by law or court order, the primary and election records of each superintendent, registrar, municipal governing authority, and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in official custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county or municipality during usual business hours at any time when they are not necessarily being used by the custodian or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection shall only be in the presence of the custodian or his or her employee and shall be subject to proper regulation for the safekeeping of

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such documents and subject to the further provtswns of this chapter. The custodian shall also, upon request, ifphotocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested.

SECTION 8. Said chapter is further amended by striking Code Section 21-2-73, relating to preservation of primary and election records, and inserting in lieu thereof a new Code Section 21-2-73 to read as follows:
'21-2-73. All primary and election documents on file in the office of the election superintendent of each county, municipal governing authority, superintendent, registrar, committee of a political party or body, or other officer shall be preserved therein for a period of at least 24 months and then the same may be destroyed unless otherwise provided by law:

SECTION 9. Said chapter is further amended by striking Code Section 21-2-90, relating to the appointment ofa chief manager and assistant managers, and inserting in lieu thereof a new Code Section 21-2-90 to read as follows:
'21-2-90. All elections and primaries shall be conducted in each precinct by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each precinct shall be appointed by the superintendent or, in the case of municipal elections, by the municipal governing authority. If the political parties involved elect to do so, they may submit to the superintendent or municipal governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or municipal governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or municipal governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his or her title, and a designation ofthe precinct and primary or election in which he or she is to serve.'

SECTION 10. Said chapter is further amended by striking subsection (a) ofCode Section 21-2-99, relating to instruction of poll officers and workers in election procedures, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The election superintendent shall provide adequate training to all poll officers and poll workers regarding the use of voting equipment, voting

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procedures, all aspects of state and federal law applicable to conducting elections, and the poll officers' or poll workers' duties in connection therewith prior to each general primary and general election and each special primary and special election; provided, however, such training shall not be required for a special election held between the date of the general primary and the general election. Upon successful completion of such instruction, the superintendent shall give to each poll officer and poll worker a certificate to the effect that such person has been found qualified to conduct such primary or election with the particular type of voting equipment in use in that jurisdiction. Additionally, the superintendent shall notify the Secretary of State on forms to be provided by the Secretary of State of the date when such instruction was held and the number of persons attending and completing such instruction. For the purpose of giving such instructions, the superintendent shall call such meeting or meetings of poll officers and poll workers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his or her instruction:

SECTION 11. Said chapter is further amended by striking subsection (e) of Code Section 21-2-100, relating to training oflocal election officials, and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) A superintendent or registrar and the county or municipal governing authority which employs the superintendent or registrar may be fmed by the State Election Board for fuilure to attend the training required in this Code section:

SECTION 12. Said chapter is further amended by striking subsection (c) of Code Section 21-2-101, relating to certification program fur election superintendents or election board designee, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) A superintendent and the county or municipal governing authority which employs the superintendent may be fined by the State Election Board for failure to attain the certification required in this Code section:

SECTION 13. Said chapter is further amended by striking paragraph (3) of subsection (d) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereof a new paragraph (3) to read as follows:
'(3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifYing period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days ofthe qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period

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shall commence no earlier than the date ofthe call and shall end no later than 25 days prior to the election. The hours of qualifying each day shall be from 8:30A.M. until 4:30P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening ofthe qualifying period.'

SECTION 14. Said chapter is further amended by striking subsections (c), (d), (f), and (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit, and inserting in lieu thereofnew subsections (c), (d), (f), and (i) to read as follows:
'(c) Except as provided in subsection (i) of this Code section, all candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(1) Each candidate for the office of judge of the superior court, Judge ofthe Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate s agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fuct that any such days may be legal holidays. (d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: ( 1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00A.M.

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on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days ofthe qualifying period shall be consecutive days. Qualifying periods shall comply with the following:
(A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; (B) In the case of a general election held in an even-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30P.M. on the following Friday; and (C) In the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election. The hours of qualifying each day shall be from 8:30A.M. until 4:30P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period.' '(f) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating: ( 1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidate's voter registration card. Unless the candidate provides proof that his or her surname as it appears on the candidate's registration card is incorrect in which event the correct name shall be listed. After such name is submitted to the Secretary of State or the election

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superintendent, the form of such name shall not be changed during the election for which such notice of candidacy is submitted; (2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office; (8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion ofthe sentence without a subsequent conviction of another felony involving moral turpitude; (9) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter; and (I 0) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy.' '(i) Notwithstanding any other provision of this chapter to the contrary, for general elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the pur:pose of redistricting of the legislatures and the United States House of Representatives, candidates in such elections shall qualify as provided in this subsection: (1) All candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner:
(A) Each candidate for the office ofjudge of the superior court, Judge ofthe Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file

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a notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday fullowing the last Monday in July, notwithstanding the fuct that any such days may be legal holidays; (2) All political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the general election ballot by the Secretary of State or election superintendent, as the case . may be, in the following manner: (A) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the last Monday in July; and (B) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the last Monday in July immediately prior to the election and no later than 12:00 Noon on the Friday following the last Monday in July; and (3) Candidates required to file nomination petitions under subsection (e) of this Code section shall file such petitions not earlier than 9:00 A.M. on the fourth Monday in July immediately prior to the general election and not later than 12:00 Noon on the first Monday in August immediately prior to the general election.'

SECTION 15. Said chapter is further amended by striking subsection (a) of Code Section 21-2-133, relating to write-in candidacy, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was filed and published no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election for county, state, and federal elections; no later than seven days after the close of the municipal qualifYing period for municipal elections in the case of a general election; or no later than seven days after the close ofthe special election qualifYing period for a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows:
( 1) In a state general or special election, notice shall be filed with the Secretary of State and published in a newspaper of general circulation in the state;

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(2) In a general or special election of county officers, notice shall be filed with the superintendent of elections in the county in which he or she is to be a candidate and published in the official organ ofthe same county; or (3) In a municipal general or special election, notice shall be filed with the superintendent and published in the official gazette of the municipality holding the election.'

SECTION 16. Said chapter is further amended by striking paragraph (I) of subsection (a) and paragraph (3) of subsection (b) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office, and inserting in lieu thereof a new paragraph (I) of subsection (a) and paragraph (3) of subsection (b) to read as follows:
'(1) A candidate nominated at any primary election or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county superintendent, if nominated for a county office; or the municipal superintendent, if nominated for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county or municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast fur the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the death or disqualification of a candidate or the withdrawal of a candidate as provided in paragraph (2) of subsection (b) of this Code section.' '(3) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate less than 60 days prior to the date of the election shall not be filled. The qualifYing tee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county or municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted.'

SECTION 17. Said chapter is further amended by striking Code Section 21-2-138, relating to nonpartisan elections for judicial offices, and inserting in lieu thereof a new Code Section 21-2-138 to read as follows:

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'21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan election to be held and conducted jointly with the general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. Candidates for any such office shall have their names placed on the nonpartisan portion of each ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. Candidates shall be listed on the official ballot in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general elections; and such general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan elections."

SECTION 18. Said chapter is further amended by striking subsection (a) of Code Section 21-2-139, relating to nonpartisan elections authorized, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the November general election in accordance with this chapter without a prior nonpartisan primary. Nonpartisan elections for

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municipal offices shall be conducted on the dates provided in the municipal charter."

SECTION 19. Said chapter is further amended by striking subsection (b) of Code Section 21-2-151, relating to authorization for political party primaries, and inserting in lieu thereofa new subsection (b) to read as follows:
'(b) The primary held for such purposes shall be conducted by the superintendent in the same manner as prescribed by law and by rules and regulations ofthe State Election Board and the superintendent for general elections. Primaries of all political parties shall be conducted jointly.'

SECTION 20. Said chapter is further amended by striking subsection (e) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, and inserting in lieu thereof a new sub section (e) to read as follows:
'(e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating:
( 1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidate's voter registration card. After such name is certified by the political party to the Secretary of State or the election superintendent, the form of such name shall not be changed during the primary and election for which such affidavit is submitted; (2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office; (8) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or ofthe United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; (9) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter; and ( 10) Any other information as may be determined by the Secretary of State to be necessary to comply with federal and state law.'

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SECTION 21. Said chapter is further amended by striking subsection (d) of Code Section 21-2-153.1, relating to qualification of candidates for party nomination in a municipal primary, and inserting in lieu thereof a new subsection (d) to read as
follows: '(d) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating: (1) His or her full name and the name as the candidate desires it to be listed on the ballot. The surname of the candidate shall be the surname of the candidate as it appears on the candidate's voter registration card. After such name is submitted by the candidate to the political party, the form of such name shall not be changed during the primary and election for which such affidavit is submitted; (2) His or her residence, with street and number, if any, and his or her post office address; (3) His or her profession, business, or occupation, if any; (4) The name of his or her precinct; (5) That he or she is an elector of the municipality of his or her residence and is eligible to vote in the primary election in which he or she is a candidate for nomination; (6) The name of the office he or she is seeking; (7) That he or she is eligible to hold such office; (8) That he or she has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his or her civil rights have been restored; and (9) That he or she will not knowingly violate this chapter or any rules and regulations adopted under this chapter.'

SECTION 22. Said chapter is further amended by striking subsections (c) and (e) of Code Section 21-2-212, relating to county registrars, and inserting in lieu thereofnew subsections (c) and (e) to read as fullows:
'(c) The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of such governing authority. The municipal governing authority shall designate one of the registrars as chiefregistrar. The chief registrar will serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of such governing authority. Such registrars shall serve at the pleasure ofthe municipal governing authority, and compensation of the registrars shall be fixed by such governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registrar's duties and

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authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the municipal governing authority. Each appointment or change in designation shall be entered on the minutes of such governing authority and certified by the governing authority. The municipal governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs ofthe registrars." '(e) Any other provision of this Code section to the contrary notwithstanding, in any county of this state having a population of more than 600,000 according to the United States decennial census of 1990 or any future such census, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the county governing authority. The county governing authority shall designate one of the registrars as chief registrar, who shall serve as such during such registrar's term of office. Such designation shall likewise be entered on the minutes of such governing authority. It shall be the duty of the county governing authority to certifY the appointments and designation to the Secretary of State within 30 days after such appointments and designation. In certifYing such names to the Secretary of State, the county governing authority shall also list the addresses of the registrars. Such registrars shall serve at the pleasure of the governing authority of the county, and the compensation of the registrars shall be fixed by the governing authority of the county. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of the death, resignation, or removal of any registrar, such registrar's duties and authority as such shall terminate instantly. Successors shall be appointed by the county governing authority. Each appointment or change in designation shall be entered on the minutes of such governing authority and certified as provided in this Code section. The first appointments in any such county under this article shall be made in the year 1965, and the persons appointed shall assume office July 1, 1965. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation ofthe office and affairs ofthe registrars."

SECTION 23. Said chapter is further amended by repealing subsection (j) of Code Section 21-2-215, relating to registrars, registration, and the digitization of signatures from voter registration cards, which reads as follows:
'(j) At such time as the Secretary of State certifies that a system for the digitization of all or a portion of the completed registration cards is operational, the board of registrars shall expeditiously transmit the registration card for each elector whose registration has been approved to the Secretary of State. The Secretary of State shall retain such cards after processing for the period of time set forth in this article.n

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SECTION 24. Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-2-220, relating to application for registration, and inserting in lieu thereof new subsections (c) and (d) to read as follows:
'(c) Except as otherwise provided in this sub section, electors who register to vote for the first time in this state by mail must present current and valid identification either when registering to vote by mail or when voting for the first time after registering to vote by mail. The current and valid identification shall be one or more of those furms of identification provided in subsection (c) of Code Section 21-2-417 or a legible copy thereof. The registrars shall make copies of any original forms of identification submitted by applicants and return the originals to the applicants. The requirement to submit identification shall not apply to:
(1) Persons who submit identifying information with their applications that the registrars are able to match to information contained on a state database available to such registrars containing the same number, name, and date of birth as contained in the application; (2) Persons who are entitled to vote by absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq.; or (3) Persons who are entitled to vote otherwise than in person under any other federal law. (d) If an applicant fails to provide all of the required information on the application for voter registration with the exception of current and valid identification, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is fuund eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections; provided, however, that voters who registered to vote for the first time in this state by mail must supply current and valid identification when voting for the frrst time as required in subsection (c) of this Code section. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected.'

SECTION 25. Said chapter is further amended by striking subsection (g) of Code Section 21-2-224, relating to official list of electors, and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP Code, date of birth, voter identification number, a designation of whether the elector registered for the first time in this state by mail and is

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required to comply with Code Sections 21-2-220 and 21-2-417, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. The county registrars shall ensure that the information required to notify poll officers that an elector registered to vote for the first time in this state by mail and must comply with subsection (c) of Code Section 21-2-220 and subsection (c) of Code Section 21-2-417 is placed on each list of electors to be used at a polling place.'

SECTION 26. Said chapter is further amended by striking subsection (b) of Code Section 21-2-225, relating to confidentiality of original registration applications, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of bank statements submitted pursuant to subsection (c) ofCode Section 21-2-220 and subsection (c) ofCode Section 21-2-417 and the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential.'

SECTION 27. Said chapter is further amended by striking subsection (a) of Code Section 21-2-230, relating to challenge ofpersons on list of electors by other electors, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to 5:00 P.M. on the day before the election; provided, however, that challenges to persons voting by absentee ballot in person at the office of the registrars or the

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absentee ballot clerk whose vote is cast on a DRE unit must be made prior to such person's voting.'

SECTION 28. Said chapter is further amended by striking subsection (f) of Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons provided to Secretary of State, and inserting in lieu thereof a new subsection (t) to read as follows:
'(t) County registrars shall initiate appropriate action regarding the right of an elector to remain on the list of qualified registered voters within 60 days after receipt of the information described in this Code section. Failure to take such action may subject the registrars or the county governing authority for whom the registrars are acting to a fine by the State Election Board.'

SECTION 29. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2-233, relating to comparison of change of address information supplied by United States Postal Service, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at the elector's old address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. The registrars may also send a notice of the change by furwardable mail to the elector's new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. (c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at the old address of the elector. The registrars may also send a confirmation notice to the elector's new address. Ifthe elector confrrms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, the elector's name shall be removed from the appropriate list of electors. If the elector responds to the notice and aff'rrms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fuils to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235.'

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SECTION 30. Said chapter is further amended by striking Code Section 21-2-264, relating to reimbursement of counties for costs incurred pursuant to alteration of precinct boundaries, and inserting in lieu thereof a new Code Section 21-2-264 to read as follows:
'21-2-264. In all cases of the division, redivision, alteration, formation, or consolidation of precincts, the costs of the proceedings shall be paid by the county or municipal governing authority, as appropriate. There may be appropriated to the Secretary of State funds to be granted to counties or municipalities for purposes of meeting the requirements of Code Section 21-2-261 .1. Upon the filing of a written request by the election officials of any qualified county or municipality, a qualified county or municipality shall be reimbursed for all reasonable expenses incurred by such county or municipality which are directly related to the redrawing of voting precinct boundaries, verification of voting precinct residency, notification of voter precinct and polling place changes, and compilation and preparation of the electors list as necessitated by Code Section 21-2-261.1; provided, however, that such reimbursement ofcosts shall not exceed 25 per registered voter whose name appeared on such county's or municipality's electors list as ofJanuary 1, 1982. Any qualified county or municipality seeking reimbursement of such costs shall present an itemized description of such costs to the Secretary of State. If the Secretary of State, after a review of the report of such costs incurred by a county or municipality, shall find that all or portions of such costs were reasonable and were directly related to the preparation of such descriptions and lists, he or she shall approve all of those parts of the costs deemed reasonable and shall reimburse the counties or municipalities for such expenses. Any state funds necessary to carry out the provisions of this subsection shall come only from those funds appropriated to the Secretary of State specifically for the purpose of implementing the provisions of Code Section 21-2-261.1. If such funds are not sufficient to bear completely the cost of fully implementing the provisions of Code Section 21-2-261.1, payment to the counties or municipalities seeking assistance shall be made on a pro rata basis subject to the availability of appropriated funds."

SECTION 31. Said chapter is further amended by striking Code Section 21-2-267, relating to equipment, arrangement, and storage relating to polling places, and inserting in lieu thereof a new Code Section 21-2-267 to read as follows:
'21-2-267. (a) The governing authority of each county and municipality shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the

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marking thereof they may be screened from the observation of others. A curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which direct recording electronic (DRE) voting units are located if such booths have been designed so as to ensure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. In the case of direct recording electronic (DRE) voting units, the units shall be arranged in such a manner as to ensure the privacy of the elector while voting on such units, to allow monitoring of the units by the poll officers while the polls are open, and to permit the public to observe the voting without affecting the privacy of the electors as they vote. (b) The superintendent, unless otherwise provided by law, may make such arrangements as he or she deems proper for the storage of election equipment in the various precincts of the county or municipality at such times of the year that it will not be used for election purposes and may fix reasonable compensation therefor.'

SECTION 32. Said chapter is further amended by striking Code Section 21-2-268, relating to compensation for rent, heat, light, and janitorial services for the use of public buildings, and inserting in lieu thereof a new Code Section 21-2-268 to read as follows:
'21-2-268. The superintendent or county or municipal governing authority shall fix the compensation for rent, heat, light, and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat, or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places.'

SECTION 33. Said chapter is further amended by striking Code Section 21-2-280, relating to requirement as to conduct of primaries and elections by ballot, and inserting in lieu thereof a new Code Section 21-2-280 to read as follows:

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'21-2-280. All primaries and elections in this state shall be conducted by ballot, except when voting machines are used as provided by law. A ballot may be electronic or printed on paper. All ballots used in any primary or election shall be provided by the superintendent or municipal governing authority in accordance with this article, and only official ballots furnished by the superintendent or governing authority shall be cast or counted in any primary or election in any precinct in which ballots are used.'

SECTION 34. Said chapter is further amended by striking Code Section 21-2-283, relating to printing and safekeeping of ballots and labels by superintendent, and inserting in lieu thereofa new Code Section 21-2-283 to read as follows:
'21-2-283. In any primary or election, the superintendent or municipal governing authority shall cause all the ballots and ballot labels to be printed accurately and in the form prescribed by this chapter, and the superintendent or municipal governing authority shall be responsible for the safekeeping of the same while in his or her or its possession or that of his or her or its agent. The superintendent or municipal governing authority shall keep a record of the number of official ballots printed and furnished to each precinct at each primary and election, and the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom.'

SECTION 35. Said chapter is further amended by striking Code Section 21-2-2 84.1, relating to the form of the ballot in nonpartisan elections, and inserting in lieu thereof a new Code Section 21-2-284.1 to read as follows:
'21-2-284.1. In the case of nonpartisan municipal primaries, the form of the official
nonpartisan primary ballot shall conform insofar as practicable to the furm of the official primary ballot as detailed in Code Section 21-2-284, except that:
( 1) The following shall be printed at the top of each ballot in prominent type: 'OFFICIAL NONPARTISAN PRIMARY BALLOT OF

(N arne of Municipality)'; (2) There shall be no name or designation of any political organization nor any words, designation, or emblems descriptive of a candidate's political affiliation printed under or after any candidate s name which is printed on the ballot; and (3) The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot.'

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SECTION 36. Said chapter is further amended by striking subsection (e) of Code Section 21-2-285, relating to the form of the official election ballot, and inserting in lieu thereof a new subsection (e) to read as follows:
'(e) When presidential electors are to be elected, the ballot shall not list the individual names of the candidates for presidential electors but shall list the names of each political party or body and the names of the candidates of the party or body for the offices of President and Vice President of the United States. The individual names or the nominees of each political party or body for such offices shall be posted at each polling place arranged alphabetically under the names of the candidates ofthe party or body for President and Vice President ofthe United States. A vote for the candidates for President and Vice President of a political party or body shall be deemed to be a vote for each of the candidates for presidential electors of such political party or body.'

SECTION 37. Said chapter is further amended by striking Code Section 21-2-2 85.1, relating to the form of the ballot in nonpartisan elections, and inserting in lieu thereof a new Code Section 21-2-285.1 to read as follows:
'21-2-285.1. The names of all candidates for offices which the General Assembly has by local Act provided for election in a nonpartisan election shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words 'OFFICIAL NONPARTISAN ELECTION BALLOT.' Directions that explain how to cast a vote, how to write in a candidate, and how to obtain a new ballot after the elector spoils his or her ballot shall appear immediately under the caption, as specified by rule or regulation of the State Election Board. Immediately under the directions, the name of each such nonpartisan candidate shall be arranged alphabetically by last name under the title of the office for which they are candidates and be printed thereunder. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a majority of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as

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prescribed for the nonpartisan election. The candidate having a majority of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office.'

SECTION 38. Said chapter is further amended by striking Code Section 21-2-320, relating to power of governing authority to authorize use of and to procure voting machines, and inserting in lieu thereof a new Code Section 21-2-3 20 to read as follows:
'21-2-320. The governing authority of any municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure voting machines conforming to the requirements of this part.'

SECTION 39. Said chapter is further amended by striking Code Section 21-2-321, relating to referendum on question of use of voting machines, and inserting in lieu thereof a new Code Section 21-2-3 21 to read as follows:
'21-2-321. (a) The governing authority of any municipality which conducts elections by paper ballot may, upon its own motion, submit to the electors of the municipality, at any election, the question: 'Shall voting machines be used in _ _ _ _ _?' (b) The governing authority of any municipality which conducts elections by paper ballot, upon the receipt of a petition signed by at least 10 percent of the electors who voted in such municipality at the preceding general election, shall, at the next election occurring at least 45 days thereafter, submit to the electors of such municipality the question: 'Shall voting machines be used in _ _ _ _ _ ?' (c) The governing authority shall cause such question to be printed upon the ballots to be used at the election in the foqn and manner provided by the laws governing general elections. (d) The election on such question shall be held at the places, during the hours, and under the regulations provided by law for holding general elections and shall be conducted by the poll officers provided by law to conduct such elections. The poll officers shall count the votes cast at the election on such question and shall make return thereof to the superintendent of such municipality as required by law. The returns shall be computed by the superintendent and, when so computed, a certificate ofthe total number of electors voting 'Yes' and ofthe total number of electors voting 'No' on such question shall be filed in the office of the municipal governing authority and in the office of the Secretary of State. (e) Whenever, under this Code section, the question of the adoption of voting machines is about to be submitted to the electors of any municipality, it shall be the duty of the governing authority of such municipality to ascertain whether

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current funds will be available to pay for such machines, if adopted and purchased, or whether it has power to increase the indebtedness of the municipality in an amount sufficient to pay for the machines without the consent of the electors; and, if such current funds will not be available and the power to increase the indebtedness of the municipality in a sufficient amount without the consent of the electors is lacking, it shall be the duty of the governing authority to submit to the electors of the municipality, in the manner provided by law, at the same election at which the adoption of voting machines is to be voted on, the question of whether the indebtedness of such municipality shall be increased, in an amount specified by them, sufficient to pay for such voting machines, if adopted. (f) If a majority of the electors voting on such question or questions shall vote in the aff"rrmative, the governing authority of such municipality shall purchase, lease, or rent voting machines, conforming to the requirements of this part, for recording and computing the vote at all elections held in such municipality.'

SECTION 40. Said chapter is further amended by striking Code Section 21-2-323, relating to installation of voting machines, and inserting in lieu thereof a new Code Section 21-2-323 to read as follows:
'21-2-323. (a) When the use of voting machines has been authorized in the manner prescribed by Code Section 21-2-3 20 or 21-2-321, such voting machines shall be installed, either simultaneously or gradually, within the municipality. Upon the installation of voting machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which voting machines are used, the municipal governing authority shall provide at least one voting machine fur each 500 electors, or major fraction thereof, except that at least one voting machine shall be provided in each such precinct in any case. (c) Voting machines of different kinds may be used for different precincts in the same municipality. (d) The municipal governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices, which, under existing laws and party rules, are likely to be voted for at any future primary or election:

SECTION 41. Said chapter is further amended by striking subsection (g) of Code Section 21-2-324, relating to examination and approval of voting machines by Secretary of State, and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) Neither the Secretary of State, nor any examiner appointed by him or her for the purpose prescribed by this Code section, nor any superintendent, nor the governing authority of any municipality or a member of such authority, nor any

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other person involved in the examination process shall have any pecuniary interest in any voting machine or in the manufacture or sale thereof.'

SECTION 42. Said chapter is further amended by striking Code Section 21-2-327, relating to preparation of voting machines, and inserting in lieu thereof a new Code Section 21-2-327 to read as follows:
'21-2-327. (a) The superintendent of each municipality shall cause the proper ballot labels to be placed on each voting machine which is to be used in any precinct within such municipality, cause each machine to be placed in proper order for voting, examine each machine before it is sent out to a polling place, see that each registering counter on each machine is set at zero, lock each machine so that the counting machinery cannot be operated, and seal each machine with a numbered seal. The superintendent or his or her agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he or she is then voting and so that no elector can vote for the candidates seeking nomination by any political party in whose primary he or she is not then voting. (b) The superintendent shall appoint one custodian of voting machines and such deputy custodians as may be necessary, whose duty it shall be to prepare the machines to be used at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the municipality such compensation as shall be fixed by the governing authority of the municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the voting machines as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the twelfth day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall mail to the foreperson of the grand jury, the chairperson of the county executive committee ofeach political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairperson or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds, which has registered its name and address and the names of its principal officers with the superintendent at least 30 days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his or her name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use

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in the several precincts will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Code section. Further, one representative of each political party or body, certified by the chairperson of such political party or body, and one representative of each aforementioned organization of citizens, certified by the chairperson or presiding officer of such organization, and any such independent candidate or his or her certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and au placed in proper condition and order for use. Such committee of the grand jury, representatives, or candidates shall not, however, interfere with the preparation of the machines; and the superintendent may make such reasonable rules and regulations concerning the conduct ofsuch representatives and candidates. (d) The custodian and deputy custodians of voting machines and the members of the committee of the grand jury, if any, shall make an affidavit, which each shall sign, and request each representative of a party, body, or a citizens' organization, or candidate or his or her agent present at the preparation of the machine to attest, and which shall be filed with the city clerk, stating:
(1) The identifying number or other designation of the voting machine; (2) That each registering counter on the machine was set at zero; (3) The number registered on the protective counter or other device of the machine; and (4) The number on the seal with which the machine is sealed. (e) No superintendent nor custodian nor other employee ofthe superintendent shall, in any way, prevent free access to and examination of all voting machines which are to be used at the primary or election by any of the duly appointed representatives or candidates aforesaid; and the superintendent and his or her employees shall afford to each such representative or candidate every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine. (t) In every primary or election, the superintendent shall furnish, at the expense of the municipality, all ballot labels, forms of certificates, and other papers and supplies which are required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed from time to time by the Secretary of State. In a municipal primary, ballot labels and other materials necessary for the preparation of the voting machines shall be furnished free of charge to the municipal superintendent by the political party conducting such primary.'

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SECTION 43. Said chapter is further amended by striking subsection (a) of Code Section 21-2-330, relating to public exhibition ofand instruction on sample voting machine, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) During the five days preceding a municipal general primary or election or during the three days preceding a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more voting machines containing the ballot labels and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine which is to be assigned for use in a primary or election shall be used for such public exhibition and instruction after having been prepared and sealed for the primary or election."

SECTION 44. Said chapter is further amended by striking subsection (a) of Code Section 21-2-331, relating to designation and compensation of custodians of voting machines and keys, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The municipal governing authority shall designate a person or persons who shall have the custody of the voting machines of the municipality and the keys therefor when the machines are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the machines and keys."

SECTION 45. Said chapter is further amended by striking Code Section 21-2-333, relating to responsibility of county or municipal governing authority to provide for payment for voting machines, and inserting in lieu thereof a new Code Section 21-2-333 to read as follows:
'21-2-333. The governing authority of any municipality which adopts voting machines in a manner provided for by this article shall, upon the purchase of voting machines, provide for their payment by the municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of municipalities to meet all or any part of the cost ofthe voting machines."

SECTION 46. Said chapter is further amended by striking subsections (b) and (d) of Code Section 21-2-367, relating to installation of optical scanning voting systems, and inserting in lieu thereofnew subsections (b) and (d) to read as follows:

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'(b) In each precinct in which optical scanning voting systems are used, the county or municipal governing authority, as appropriate, shall provide at least one voting booth or enclosure for each 200 electors therein, or fraction thereof.' '(d) The county or municipal governing authority, as appropriate, shall provide optical scanning voting systems in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election:

SECTION 47. Said chapter is further amended by striking subsection (b) of Code Section 21-2-369, relating to printing of optical scanning ballots, and inserting in lieu thereofa new subsection (b) to read as follows:
'(b) The arrangement of offices, names of candidates, and questions upon the ballots shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors and that the ballots shall not be required to have a name stub.'

SECTION 48. Said chapter is further amended by striking subsection (b) of Code Section 21-2-374, relating to proper programming of optical scanning systems, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have the optical scanning tabulators tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto; provided, however, that, in the case of a runoff, the public notice shall be made at least three days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballots so marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballots which are improperly marked and one or more ballots which have votes in excess of the number allowed by law in order to test the ability of the optical scanning tabulator to reject such votes. The optical scanning tabulator shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the tabulator is approved. The superintendent shall cause the pretested tabulators to be placed at the various polling places to be used in the primary or election. The superintendent shall require that each optical scanning tabulator be thoroughly tested and inspected prior to each primary and election in which it is used and shall keep such tested material as certification of an errorless count on

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each tabulator. In counties using central count optical scanning tabulators, the same test shall be repeated immediately before the start of the official count of the ballots and at the conclusion of such count. Precinct tabulators shall produce a zero tape prior to any ballots being inserted on the day of any primary or election.'

SECTION 49. Said chapter is further amended by striking subsections (b) and (c) of Code Section 21-2-379.6, relating to maintenance of DRE voting systems and supplies, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) The superintendent may appoint, with the approval of the county or municipal governing authority, as appropriate, a custodian of the DRE units, and deputy custodians as may be necessary, whose duty shall be to prepare the units to be used in the county or municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the governing authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the units as required by this chapter. The custodian and deputy custodians shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office prepared by the Secretary of State before each primary or election which shall be filed with the superintendent. (c) On or before the third day preceding a primary or election, including special primaries, special elections, and referendum elections, the superintendent shall have each DRE unit tested to ascertain that it will correctly count the votes cast for all offices and on all questions in a manner that the State Election Board shall prescribe by rule or regulation. On or before the third day preceding a primary runoff or election runoff, including special primary runoffs and special election runoffs, the superintendent shall test a number of DRE units at random to ascertain that the units will correctly count the votes cast for all offices. If the total number ofDRE units in the county or municipality is 30 units or less, all of the units shall be tested. If the total number of DRE units in the county or municipality is more than 30 but not more than 100, then at least one-half of the units shall be tested at random. If there are more than 100 DRE units in the county or municipality, the superintendent shall test at least 15 percent of the units at random. In no event shall the superintendent test less than one DRE unit per precinct. All memory cards to be used in the runoff shall be tested. Public notice of the time and place of the test shall be made at least five days prior thereto; provided, however, that, in the case of a runoff, the public notice shall be made at least three days prior thereto. Representatives of political parties and bodies, news media, and the public shall be permitted to observe such tests.'

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SECTION 50. Said chapter is further amended by striking subsection (b) of Code Section 21-2-380, relating to definition of absentee elector, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) An elector who requests an absentee ballot by mail or who, during the period of Monday through Friday of the week immediately preceding the date of a primary, election, or run-off primary or election, casts an absentee ballot in person at the registrar's office or absentee ballot clerk's office shall not be required to provide a reason as identified in subsection (a) of this Code section in order to cast an absentee ballot in such primary, election, or run-off primary or election:

SECTION 51. Said chapter is further amended by striking Code Section 21-2-381, relating to making of application for absentee ballot, and inserting in lieu thereof a new Code Section 21-2-381 to read as follows:
'21-2-381. (a)(l)(A) Except as otherwise provided in Code Section 21-2-219, not more than 180 days prior to the date ofthe primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's or absentee ballot clerk's office, an application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. (B) In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law ofthe age of18 or over. (C) The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot, if applicable; and the name and relationship of the person requesting the ballot if other than the elector. (D) Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-of-county or out-of-municipality address. (E) Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true.

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(F) If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest ofthe application shall sign such person's name below it as a witness. (G) One timely and proper application for an absentee ballot for use in a primary or election shall be sufficient to require the mailing of the absentee ballot for such primary or election as well as for any runoffS resulting therefrom and for all primaries and elections for federal offices and any runoffs therefrom, including presidential preference primaries, held during the period beginning upon the receipt of such absentee ballot application and extending through the second regularly scheduled general election in which federal candidates are on the ballot occurring thereafter to an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen. (H) Any elector meeting criteria of advanced age or disability specified by rule or regulation of the State Election Board may request in writing on one application a ballot for a primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates as well as any runoffs resulting therefrom. If not so requested by such person a separate and distinct application shall be required for each primary, run-offprimary, election, and run-off election. Except as otherwise provided in this paragraph, a separate and distinct application for an absentee ballot shall always be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary. (2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-3 81.1, as appropriate. (3) All applications for an official absentee ballot that are distributed by a person, entity, or organization shall list thereon all of the legally acceptable categories of absentee electors contained in Code Section 21-2-380 and shall require the elector to select the category which qualifies the elector to vote by absentee ballot, if applicable. Such applications, if properly completed by the elector or other authorized person and returned to the registrar or absentee ballot clerk, as appropriate, shall be processed by the registrar or absentee ballot clerk and, if the elector is found to be qualified, an absentee ballot shall be mailed or delivered in the office of the registrar or absentee ballot clerk to such elector. (b)(1) Upon receipt of a timely application, a registrar or absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is

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eligible to vote in the primary or election involved. In order to be found eligible to vote an absentee ballot in person at the registrar's office or absentee ballot clerk's office, such person shall show one of the forms of identification listed in Code Section 21-2-417. (2) If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's or absentee ballot clerk's office or deliver the ballot in person to the elector if such elector is confined to a hospital. (3) If found ineligible, the clerk or the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board ofregistrars or absentee ballot clerk for at least one year. (4) If the registrar or clerk is unable to determine the identity of the elector from information given on the application, the registrar or clerk should promptly write to request additional information. (5) In the case of an unregistered applicant who is eligible to register to vote, the clerk or the board shall immediately mail a blank registration card as provided by Code Section 21-2-2 23, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the clerk or the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the clerk or registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the clerk or board not later than the close of the polls on the day of the primary or election concerned. (c) In those counties or municipalities in which the absentee ballot clerk or board of registrars provides application forms for absentee ballots, the clerk or board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of such college or university. (d)( 1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election for presidential electors and United States senator or representative in Congress:
(A) If such citizen was last domiciled in Georgia immediately before his or her departure from the United States; and (B) If such citizen could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he or she does not have a place of abode or other address in Georgia.

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(2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if such individual's intent to return to Georgia may be uncertain, as long as:
(A) He or she has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U .S.C. Section 197 3ffconcerning absentee registration for and voting by absentee ballots; (B) He or she does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and (C) He or she has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. Section 1973ff and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration. (e) The State Election Board is authorized to promulgate reasonable rules and regulations for the implementation ofparagraph (1) of subsection (a) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates."

SECTION 52. Said chapter is further amended by adding a new Code Section 21-2-381.2 to read as follows:
'21-2-381.2. (a) The Secretary of State shall design a state write-in absentee ballot fur federal offices and state offices that are voted upon on a state-wide basis for use in a primary runoff or election runoff by an eligible absentee elector who lives outside the county or municipality in which the election is held and who is:
(1) A member of the armed forces of the United States, a member of the merchant marine of the United States, a member of the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration, or a spouse or dependent of such member residing with or accompanying said member; or (2) A citizen of the United States residing outside the United States. (b) Such state write-in absentee ballot shall be automatically included with any absentee ballot sent to such eligible absentee electors for any general primary or general election. No special request for such state write-in absentee ballot shall be required. (c) The state write-in absentee ballot shall contain instructions for completing and returning such ballot. (d) The Secretary of State shall establish a website which such eligible absentee electors may access to determine if there is a primary runoff or election runoff fur a federal office or a state office that is voted upon on a state-wide basis. The address of such website shall be included in the instructions for voting such state write-in absentee ballot.

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(e) The State Election Board may provide by rule or regulation for additional means of transmitting the state write-in absentee ballot to eligible absentee electors including, but not limited to, the use of facsimile transmissions and portable document format electronic versions. (f) The registrars shall send a regular absentee ballot to such eligible absentee electors in accordance with Code Section 21-2-381. In the event that both the regular absentee ballot and the state write-in absentee ballot are received by the registrars within the time period for receiving absentee ballots, the regular absentee ballot shall be counted and the state write-in absentee ballot shall be kept unopened in the same manner as absentee ballots that are returned too late to be counted. Ballots for primary runoffs and election runoffs that are postmarked by the date of the primary runoff or election runoff; if proper in all other respects, shall be counted if received by the registrars within the three day period following such primary runoff or election runoff.

SECTION 53. Said chapter is further amended by striking subsections (a), (c), and (d) of Code Section 21-2-3 84, relating to preparation and delivery of absentee ballot supplies, and inserting in lieu thereof new subsections (a), (c), and (d) to read as follows:
'(a)( 1) The superintendent must, at least 45 days prior to any general primary or general election other than a municipal general primary or general election, and at least 21 days prior to any municipal general primary or general election, prepare, obtain, and deliver an adequate supply of official absentee ballots to the board of registrars or absentee ballot clerk for use in the primary or election. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. (2) The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants. As additional applicants are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election and provided, further, that no absentee ballot shall be issued on the day prior to a primary or election. (3) The date a ballot is voted in the registrars or absentee ballot clerk's office or the date a ballot is mailed to an elector and the date it is returned shall be entered on the application record therefor. (4) The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar or clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. (5) In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the applicant, the applicant may notifY the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars

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or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required.' '(c)(1) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form:
I, the undersigned, do swear (or afftrm) that I am a citizen of the United States and of the State of Georgia; that my residence address is _ _ _ __ County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.

Elector's Residence Address

Month and Day of Elector's Birth

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

Signature of Person Assisting Elector -- Relationship

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Reason fur assistance (Check appropriate square): ( ) Elector is unable to read the English language. ( ) Elector has following physical disability ________________.
The forms upon which such oaths are printed shall contain the following information:
Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (2) In the case of absent uniformed services or overseas voters, if the presidential designee under Section 70 5(b) of the federal Help America Vote Act promulgates a standard oath for use by such voters, the Secretary of State shall be required to use such oath on absentee ballot materials fur such voters and such oath shall be accepted in lieu of the oath set furth in paragraph (1) of this subsection. (d) Each board of registrars or absentee ballot clerk shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to 5:00 P.M. on the day before the primary or election.'

SECTION 54. Said chapter is further amended by striking paragraph (1) of subsection (a) and subsection (e) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots, and inserting in lieu thereof a new paragraph (I) and subsection (e) to read as follows:
'(a)(l )(A) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in this subsection. (B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt ofthe ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the

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registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the fuce of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year. (D) An elector who registered to vote by mail, but did not comply with subsection (c) of Code Section 21-2-220, and who votes for the first time in this state by absentee ballot shall include with his or her application for an absentee ballot or in the outer oath envelope of his or her absentee ballot either one of the forms of identification listed in subsection (a) of Code Section 21-2-417 or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not provide any of the forms of identification listed in this subparagraph with his or her application for an absentee ballot or with the absentee ballot, such absentee ballot shall be deemed to be a provisional ballot and such ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subparagraph within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. (E) Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. (F) All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk and then transferred to the appropriate clerk for storage for the period of time required for the preservation ofballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. All such late absentee ballots shall be delivered to the appropriate clerk and stored as provided in Code Section 21-2-390. (G) Notwithstanding any provision of this chapter to the contrary, until the United States Department of Defense notifies the Secretary of State that the Department of Defense has implemented a system of expedited absentee voting for those electors covered by this subparagraph, absentee ballots cast in a primary, election, or runoff by eligible absentee electors who reside outside the county or municipality in which the primary runoff or election runoff is held and are members of the armed furces of the United States,

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members of the merchant marine ofthe United States, spouses or dependents of members of the armed forces or merchant marine residing with or accompanying such members, or overseas citizens that are postmarked by the date of such primary, election, or runoff and are received within the three day period following such primary, election, or runoff, if proper in all other respects, shall be valid ballots and shall be counted and included in the certified election results: '(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector ofsuch challenge.'

SECTION 55. Said chapter is further amended by striking Code Section 21-2-3 87, relating to procedure as to ballots of deceased electors, and inserting in lieu thereof a new Code Section 21-2-387 to read as follows:
'21-2-387. Reserved.'

SECTION 56. Said chapter is further amended by striking subsection (a) of Code Section 21-2-400, relating to duty of superintendent to obtain cards of instruction, blank forms of oaths, and other forms and supplies, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of cards of instruction for guidance of electors. Such cards of instruction shall include such portions of this chapter as deemed necessary by the Secretary of State and shall be printed for the type of voting equipment or ballots used in the county or municipality. The superintendent shall also obtain from the Secretary of State a sufficient number ofblank forms of oaths ofpoll officers, voter's certificates, voting rights posters, notices of penalties, oaths of assisted electors, numbered list of voters, tally sheets, return sheets, and such other forms and supplies required by this chapter, in each precinct of the county or municipality.'

SECTION 57. Said chapter is further amended by striking subsections (a) and (b) of Code Section 21-2-408, relating to poll watchers, and inserting in lieu thereof new subsections (a) and (b) to read as follows:

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'(a)(1) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or run-off primary no more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (2) In a primary or run-offprimary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-3 80 in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to the beginning of the advance voting period for a primary or 14 days prior to such period in a run-offprimary. The appropriate party executive committee shall designate at least seven days prior to such advance voting period for a primary or run-off primary no more than two poll watchers for each advance voting location, such poll watchers to be selected by the committee from the list submitted by party candidates. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the beginning of the advance voting period, a copy of the letter shall be delivered to the superintendent and the chief registrar of the county or municipality in which the poll watcher is to serve. (b)(1) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election

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or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (2) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-11 0 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to such.~:lection or run-off election, no more than 25 official state-wide poll watchers to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate no more than 25 official state-wide poll watchers. In addition, candidates running in a state-wide nonpartisan election shall be entitled to designate no more than 25 official state-wide poll watchers. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch the polls in any precinct in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers; provided, however, that no more than two state-wide poll watchers of a political party or body, of an independent candidate, or of a nonpartisan candidate shall be in the same polling place simultaneously. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of each county in which the poll watcher might serve.
(3)(A) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to the beginning of the advance voting period for such election or run-off election, no more than two official poll watchers for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-3 80 to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher for each location at which advance voting is conducted pursuant to subsection (b) of Code Section 21-2-380. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent or nonpartisan candidate, if named by the independent or nonpartisan candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the beginning of the advance voting period for such election, a copy of the letter shall be delivered to the

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superintendent and the chief registrar of the county or municipality in which the poll watcher is to serve. (B) In an election or run-off election, each political party and political body, which body is registered pursuant to Code Section 21-2-11 0 and has nominated a candidate for state-wide office, shall additionally be entitled to designate, at least 14 days prior to the beginning of the advance voting period for such election or run-off election, no more than 25 official state-wide poll watchers for such advance voting period to be selected by the appropriate party or body executive committee. Each independent candidate shall also be entitled to designate no more than 25 official state-wide poll watchers for such advance voting period. In addition, candidates running in a state-wide nonpartisan.election shall be entitled to designate no more than 25 official state-wide poll watchers for such advance voting period. All such designations of state-wide poll watchers shall be in writing and made and submitted to the State Election Board. A state-wide poll watcher shall have the same powers and duties as poll watchers and shall be entitled to watch any advance voting location in the state but shall otherwise be subject to all limitations and prohibitions placed on poll watchers; provided, however, that no more than two state-wide poll watchers of a political party or body, of an independent candidate, or of a nonpartisan candidate shall be in an advance voting location simultaneously. Each state-wide poll watcher shall be given a letter signed by the chairperson of the State Election Board. Such letter shall contain the following information: name of official state-wide poll watcher, address, a statement that such poll watcher is a state-wide poll watcher for advance voting, and date of election or run-off election. At least three days prior to the beginning of the advance voting period for such election, a copy of the letter shall be delivered to the superintendent and chiefregistrar of each county in which the poll watcher might serve.'

SECTION 58. Said chapter is further amended by striking subsections (c) and (d) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, and inserting in lieu thereof new subsections (c), (d), and (d.1) to read as follows:
'(c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day or within 150 feet of any elector waiting to cast an absentee ballot pursuant to subsection (b) of Code Section 21-2-3 80. No campaign literature, booklet, pamphlet, card, sign, or other written or printed matter shall be displayed in any building containing a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are cast during the period when absentee ballots are available for voting.

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These restrictions shall not apply to conduct occurring in private offices or areas which cannot be seen or heard by such electors. (d) No person shall solicit signatures for any petition within a room under the control or supervision of the registrars or absentee ballot clerk in which absentee ballots are being cast on any day. (d.l) Rooms under the control or supervision ofthe registrars or absentee ballot clerk in which absentee ballots are cast shall be considered polling places.'

SECTION 59. Said chapter is further amended by striking Code Section 21-2-417, relating to form of proper identification at polls, and inserting in lieu thereof a new Code Section 21-2-417 to read as follows:
'21-2-417. (a) Except as provided in subsection (c) of this Code section, each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following:
( 1) A Georgia driver's license which was properly issued by the appropriate state agency; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification, provided that such identification card contains a photograph of the elector; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid United States military identification card, provided that such identification card contains a photograph of the elector; or (6) A valid tribal identification card containing a photograph ofthe elector. (b) Except as provided in subsection (c) of this Code section, if an elector is unable to produce any of the items of identification listed in subsection (a) ofthis Code section, he or she shall be allowed to vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector's voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in subsection (a) of this Code section within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or affirming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement. (c) An elector who registered to vote by mail, but did not comply with subsection (c) ofCode Section 21-2-220, and who votes for the first time in this state shall present to the poll workers either one of the forms of identification

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listed in subsection (a) of this Code section or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of such elector. If such elector does not have any of the forms of identification listed in this subsection, such elector may vote a provisional ballot pursuant to Code Section 21-2-418 upon swearing or affirming that the elector is the person identified in the elector's voter certificate. Such provisional ballot shall only be counted if the registrars are able to verify current and valid identification of the elector as provided in this subsection within the time period for verifying provisional ballots pursuant to Code Section 21-2-419. Falsely swearing or aff"rrming such statement under oath shall be punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement.'

SECTION 60. Said chapter is further amended by striking Code Section 21-2-418, relating to provisional ballots, and inserting in lieu thereof a new Code Section 21-2-418 to read as follows:
'21-2-418. (a) If a person presents himself or herself at a polling place, absentee polling place, or registration office for the purpose of casting a ballot in a primary or election believing that he or she has timely registered to vote in such primary or election and the person's name does not appear on the list of registered electors, the person shall be entitled to cast a provisional ballot as provided in this Code section. (b) Such person voting a provisional ballot shall complete an official voter registration form and a provisional ballot voting certificate which shall include information about the place, manner, and approximate date on which the person registered to vote. The person shall swear or affrrm in writing that he or she previously registered to vote in such primary or election, is eligible to vote in such primary or election, has not voted previously in such primary or election, and meets the criteria fur registering to vote in such primary or election. The form of the provisional ballot voting certificate shall be prescribed by the Secretary of State. The person shall also present the identification required by Code Section 21-2-417. (c) When the person has provided the information as required by this Code section, the person shall be issued a provisional ballot and allowed to cast such ballot as any other duly registered elector subject to the provisions of Code Section 21-2-419. (d) Notwithstanding any provision of this chapter to the contrary, in primaries and elections in which there is a federal candidate on the ballot, in the event that the time for closing the polls at a polling place or places is extended by court order, all electors who vote during such extended time period shall vote by provisional ballot only. Such ballots shall be separated and held apart from other provisional ballots cast by electors during normal poll hours. Primaries and elections in which there is no federal candidate on the ballot shall not be subject to the provisions ofthis subsection.

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(e) The registrars shall establish a free access system, such as a toll-free telephone number or Internet website, by which any elector who casts a provisional ballot in a primary or election, or runoff of either, in which federal candidates are on the ballot may ascertain whether such ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. The registrars shall establish and maintain reasonable procedures necessary to protect the security, confidentiality, and integrity of personal information collected, stored, or otherwise used by such free access system. Access to such information about an individual provisional ballot shall be restricted to the elector who cast such ballot. (f) At the time an elector casts a provisional ballot, the poll officers shall give the elector written information that informs the elector of the existence of the free access system required by subsection (e) of this Code section by which the elector will be able to ascertain if his or her ballot was counted and, if such ballot was not counted, the reason why such ballot was not counted. (g) Failure to establish such free access system shall subject the registrars and the county by which the registrars are employed to sanctions by the State Election Board. (h) Notwithstanding any other provision of this chapter to the contrary, in the event that the voting machines or DRE units at a polling place malfunction and cannot be used to cast ballots or some other emergency situation exists which prevents the use of such equipment to cast votes, provisional ballots may be used by the electors at the polling place to cast their ballots. In such event, the ballots cast by electors whose names appear on the electors list fur such polling place shall not be considered provisional ballots and shall not require verification as provided by Code Section 21-2-419; provided, however, that persons whose names do not appear on the electors list for such polling place shall vote provisional ballots which shall be subject to verification under Code Section 21-2-419.'

SECTION 61. Said chapter is further amended by striking Code Section 21-2-430, relating to opening of ballot boxes and posting of instruction cards and notices of penalties, and inserting in lieu thereof a new Code Section 21-2-430 to read as follows:
'21-2-430. In precincts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them and shall, prior to opening of the polls, totally destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked and shall not be opened until the close of the polls, as provided in Code Section 21-2-436. At the opening ofthe polls, the seals ofthe packages furnished by the superintendent shall be publicly broken and such packages shall be opened by the chief manager. The cards of instruction shall be immediately posted in each voting compartment. One card of instruction, one notice of penalties, and one

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voting rights poster shall be immediately posted in or about the voting room outside the enclosed space; and such card of instruction, notice of penalties, and voting rights poster shall be given to any elector at his or her request so long as there are any on hand.'

SECTION 62. Said chapter is further amended by striking subsection (a) of Code Section 21-2-450, relating to opening of the polls, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a)(l) In the precincts in which voting machines are used, the seals of the package furnished by the superintendent shall be publicly broken at the opening of the polls and such package shall be opened by the chief manager. One card of instructions, one notice of penalties, one voting rights poster, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space; and such cards, notices of penalties, and voting rights posters shall be given to any elector at his or her request, so long as there are any on hand. (2) The managers, before opening the envelope containing the keys which unlock the operating mechanism and registering counters or counter compartment of the voting machine, shall examine the number of the seal on the machine and the number registered on the protective counter or device and shall see whether they are the same as the numbers written on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines or the superintendent and until the custodian or some other person authorized by the superintendent shall have presented himself or herself at the polling place for the purpose of reexamining the machine and shall have certified that it is properly arranged. But, if the numbers on the seal and the protective counter or device shall both be found to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with a mechanism for printing paper proof sheets, the poll officers shall examine the registering counters and, for that purpose, shall open the doors concealing such counter, if the construction of the voting machine shall so require; and, before the polls are opened, each manager shall carefully examine every counter and shall see that it registers zero. When the voting machine provided is equipped with a mechanism for printing paper proof sheets and requires the simultaneous use of three keys to unlock the registering counters or counter compartment, the chief manager shall deliver one of the two keys to an assistant manager, to be retained by him or her, and shall then print at least two proof sheets, one of which each manager shall carefully examine to ascertain whether every counter registers zero and shall then preserve such proof sheets to be signed by them and returned to the superintendent, with the duplicate return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, where it shall remain until the polls are closed. The key delivered by the chief manager

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to such assistant manager, as provided in this subsection, shall be retained by him or her until the polls have been closed; and the voting and counting mechanism of the machine shall have been locked and sealed against voting and shall then be returned to the chief manager, for return by him or her to the superintendent, as provided in this part.'

SECTION 63. Said chapter is further amended by striking Code Section 21-2-501, relating to number of votes required for election, and inserting in lieu thereof a new Code Section 21-2-501 to read as follows:
'21-2-50 1. (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or special primary or elected to public office in any election or special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary, special primary runoff, run-off election, or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special primary runoff shall be held on the twenty-first day after the day of holding the preceding primary or special primary, provided that, unless postponed by court order, a runoff in the case of an election or special election shall be held on the twenty-eighth day after the day of holding the preceding election or special election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary, special primary runoff, run-off election, or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the election or special election run-off ballot in the independent colunm. The run-off primary, special primary runoff, run-off election, or special election runoff shall be a continuation of the primary, special primary, election, or special election for the particular office concerned. Only the electors who were duly registered to vote and not subsequently deemed disqualified to vote in the primary, special primary, election, or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary, special primary runoff, run-off election, or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary or special primary runoff in violation of Code Section 21-2-224. (b) For the purposes of this subsection, the word 'plurality' shall mean the receiving by one candidate alone of the highest number of votes cast. If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or

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elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. (c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held on the twenty-eighth day after the day of holding the first primary or election, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or run-off election to fill the nomination or public office sought shall be declared the winner. (d) The name of a municipal write-in candidate eligible for election in a municipal runoff shall be printed on the municipal run-off election ballot in the independent column. (e) In all cities having a population in excess of 100,000 according to the United States decennial census of 1980 or any future such census, in order for a municipal candidate to be nominated for public office in any primary or elected to public office in any municipal election, he or she must receive a majority of the votes cast. (f) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a majority of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a majority of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast:

SECTION 64. Said chapter is further amended by striking subsections (b) and (e) of Code Section 21-2-540, relating to conduct of special elections generally, and inserting in lieu thereof new subsections (b) and (e) to read as follows:
'(b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. The period during which candidates may

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qualify to run in a special primary or a special election shall remain open for a minimum of two and one-half days. Special elections which are to be held in conjunction with a state-wide general primary or state-wide general election shall be called at least 60 days prior to the date of such state-wide general primary or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork." '(e) Candidates in special elections for partisan offices shall be listed on the ballot according to party afliliation."

SECTION 65. Said chapter is further amended by adding a new Code Section 21-2-603 to read as follows:
'21-2-603. A person commits the offense of conspiracy to commit election fraud when he or she conspires or agrees with another to commit a violation ofthis chapter. The crime shall be complete when the conspiracy or agreement is effected and an overt act in furtherance thereof has been committed, regardless of whether the violation of this chapter is consummated. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he or she could have been sentenced if he or she had been convicted of the crime conspired to have been committed, by one-half the maximum fme to which he or she could have been subjected if he or she had been convicted of such crime, or both. A person convicted of the offense of conspiracy to commit election fraud involving a violation of this chapter which is a misdemeanor shall be punished as for a misdemeanor.'

SECTION 66. Code Section 40-5-103 of the O.C.G.A., relating to fee for identification cards, is amended by adding a new subsection (d) to read as follows:
'(d) The department shall not be authorized to collect a fee for an identification card from any person:
(1) Who swears under oath that he or she is indigent and cannot pay the fee for an identification card, that he or she desires an identification card in order to vote in a primary or election in Georgia, and that he or she does not have any other form of identification that is acceptable under Code Section 21-2-417 for identification at the polls in order to vote; and (2) Who produces evidence that he or she is registered to vote in Georgia. This subsection shall not apply to a person who has been issued a driver's license in this state."

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SECTION 67. In the event any Code section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portion so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have enacted the remaining parts of this Act if it had known that such portion thereof would be declared or adjudged invalid or unconstitutional.

SECTION 68. Except for Section 13, this Act shall become effective on July 1, 2005. Section 13 shall become effective on January 1, 2006.

SECTION 69. All laws and parts of laws in conflict with this Act are repealed.

Approved April 22,2005.

"DALE EARNHARDT DAY IN GEORGIA"; DESIGNATE.
No. 54 (House Resolution No. 240).
A RESOLUTION
Designating April 29th of each year as "Dale Earnhardt Day in Georgia"; and for other purposes.
WHEREAS, the mere mention ofthe name Dale Earnhardt provokes emotions of respect and idolization and a sense of awe in race fans and people around the world; and
WHEREAS, his daring and calculated moves on the track that brought fear and respect from his fellow drivers were often matched by his advice and extensions of friendship to them off the track; and
WHEREAS, he may have been known as "The Intimidator," but his heart and giving ways were bigger than any track he raced; and
WHEREAS, many of those giving and charitable ways often went without fanfare or public accolades; and

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WHEREAS, as busy as he was, he never forgot his humble beginnings and knew the value oftaking time to remember those in need; and

WHEREAS, his skill and determination on the track is amply evidenced by his unprecedented record of nine victories at Atlanta Motor Speedway; and

WHEREAS, Dale Earnhardt was a respected racecar driver and a winning team owner and was loved as a husband, father, grandfather, boss, and most importantly, a person; and

WHEREAS, when the black #3 Chevrolet took to the track, fans stood, cheered, and watched his every move; and

WHEREAS, he is still admired, still respected, and will never be forgotten.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that April 29th of each year is designated as "Dale Earnhardt Day in Georgia."

Approved April 22,2005.

CIVIL PRACTICE- CLASS ACTION CERTIFICATION.
No. 56 (Senate Bill No. 19).
AN ACT
To amend Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, so as to provide for procedures, conditions, and limitations on certification of class actions; to provide for appellate procedures relating to class actions certification; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 9-11-23 of the Official Code of Georgia Annotated, relating to class actions, is amended by striking subsection (f), and inserting in lieu thereof the following:
'(f)(l) After the commencement of an action in which claims or defenses are purported to be asserted on behalf of or against a class, the court shall hold a conference among all named parties to the action for the purpose of

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establishing a schedule for any discovery germane to the issue of whether the requested class should or should not be certified. At this conference, the court shall set a date for a hearing on the issue of class certification. Except for good cause shown, such hearing may not be set sooner than 90 days nor later than 180 days after the date on which the court issues its scheduling order pursuant to the conference. If evidence is presented by affidavit, the parties shall have an opportunity to cross-examine affiants as to such testimony offered by affidavit. (2) Except for good cause shown, the court shall stay all discovery directed solely to the merits of the claims or defenses in the action until the court has issued its written decision regarding certification ofthe class. (3) When deciding whether a requested class is to be certified, the court shall enter a written order addressing whether the factors required by this Code section for certification of a class have been met and specifying the findings of fact and conclusions of law on which the court has based its decision with regard to whether each such factor has been established. In so doing, the court may treat a factor as having been established if all parties to the action have so stipulated on the record. (4) Nothing in this Code section shall affect, or be construed to affect, any provision ofCode Section 9-11-12 or Code Section 9-11-56. (g) A court's order certifying a class or refusing to certify a class shall be appealable in the same manner as a final order to the appellate court which would otherwise have jurisdiction over the appeal from a final order in the action. The appellate courts shall expedite resolution of any appeals taken under this Code section. Such appeal may only be filed within 30 days of the order certifying or refusing to certify the class. During the pendency of any such appeal, the action in the trial court shall be stayed in all respects.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all cases pending on that effective date in which the trial court has not yet certified the case as a class action and to all cases filed on or after that effective date.

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

Approved April 22, 2005.

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COURTS- DELINQUENT CHILD; DISPOSITION; COMMITMENT.

No. 57 (Senate Bill No. 134).

AN ACT

To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to change provisions relating to disposition of a delinquent child; to provide fur certain circumstances under which a child may be ordered to serve time in a youth development center; to change the length of commitment to a youth development center; to provide that the Department of Juvenile Justice or juvenile courts establish certain community based alternative programs; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (b) of Code Section 15-11-66, relating to disposition of a delinquent child, and inserting in lieu thereof the following:
'(b)(l) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Motor Vehicle Safety of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion in those cases involving: (A) a violation of probation involving another adjudicated delinquent act and upon the court making a finding of fact that the child has failed to respond to the graduated alternative sanctions set forth in paragraph (2) of this subsection; (B) an offense that would be a felony if committed by an adult; or (C) an offense that would be a misdemeanor of a high and aggravated nature if committed by an adult and involving bodily injury or harm or substantial likelihood of bodily injury or harm, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 60 days in a youth development center, or after assessment and with the court's approval, in a treatment program provided by the Department of

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Juvenile Justice or the juvenile court. A child ordered to a youth development center under this subsection and detained in a secured facility pending placement in the youth development center shall be given credit for time served in the secured facility awaiting placement. (2) The Department of Juvenile Justice, in conjunction with the Council of Juvenile Court Judges of Georgia, shall establish and monitor a graduated alternative sanctions program for children on probation. The graduated alternative sanctions program shall be implemented in each judicial circuit in consultation with the judge of the juvenile court. The graduated alternative sanctions program may include, but shall not be limited to, community service, electronic monitoring, increased reporting or intensive supervision, home confmement, day or evening reporting centers, or treatment intervention:

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 25, 2005.

STATE GOVERNMENT-CONSERVATION- DEPARTMENT AND BOARD OF ECONOMIC DEVELOPMENT; GEORGIA TOURISM FOUNDATION; MUSIC HALL OF FAME AUTHORITY.
No. 58 (Senate Bill No. 125).
AN ACT
To amend Titles 50 and 12 of the Official Code of Georgia Annotated, relating respectively to state government and conservation and natural resources, so as to change provisions relating to the Department of Economic Development; to promote tourism through a state-wide tourism marketing program and a more focused administrative structure; to provide for implementation and for coordination of other agencies by the Department of Economic Development; to provide corresponding amendments to powers of the Board of Economic Development; to provide for a Georgia Tourism Foundation and the solicitation and disbursement of contributions; to transfer the assignment for administrative purposes of certain venues and authorities with tourism roles to the Department of Economic Development; to provide for appointment of the board of the Music Hall of Fame Authority; to provide for transfer of functions respecting the Music Hall of Fame Authority from the Department of Community Affairs to the Department of Economic Development; to provide similarly for transfer of functions respecting the Sports Hall of Fame Authority; to provide for an effective date; to repeal conflicting laws, and for related purposes.

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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 adding at the end of Article 1 of Chapter 7, relating generally to the Department of Economic Development, a new Code Section 50-7-I 7 to read as follows:
'50-7-17. (a) Statement of policy and short title. The General Assembly finds that it is in the state s interest to present a cohesive and vibrant message for the promotion of tourism in Georgia. This Code section, therefore, shall be known and may be cited as the 'New Georgia Foundation for Tourism Act.' (b) Definitions. As used in this Code section, the term:
(1) 'Agency' means any officer, board, department, agency, comm1ss1on, bureau, authority, public corporation, instrumentality, or other entity of state government when engaged in an activity conducive to marketing which promotes tourism. (2) 'Coordinate' and 'coordination' include issuing rules, policies, standards, defmitions, specifications, coordination, and other guidance and direction. (3) 'Department' means the Department of Economic Development. (4) 'Implement' and 'implementation' include planning, writing, drafting, designing, study, and market analysis; solicitation and acceptance of gifts, contributions, and cooperation; contracting, procurement, retention of consultants, outsourcing, similar activities, and other activities within the ordinary meaning of the term in this context. (5) 'Market' and 'marketing' include promotion, advertising, signage, public relations, press relations, branding, and use of a 'look;' creation, use, and licensing of trademark, copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood. (c) Establishment of State-wide Tourism Marketing Program. (1) Generally. For promotion of tourism in Georgia, the department may establish, implement, and provide fur implementing a State-wide Tourism Marketing Program, with common and consistent features for implementation by the department and agencies. Within the State-wide Tourism Marketing Program, the department may establish or authorize various themes and component programs, but such themes and component programs must have common and consistent features with the State-wide Tourism Market Program. (2) Emphases. As important and substantial components of the State-wide Tourism Marketing Program, the department will place particular emphasis on branding and on the state's great heritage and culture. (3) Sharing of powers. In marketing and implementation of marketing for tourism, the department may exercise its powers under paragraphs (9) and (II) of Code Section 50-7-8 and may authorize and delegate to agencies all or parts of such powers for their own implementation.

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(d) Coordination. (1) Generally. The department will implement the State-wide Tourism Marketing Program and will also coordinate its implementation by individual agencies. (2) Delegation and agency retention. The department may delegate marketing implementation activities to agencies in promotion of tourism and may allow agencies to retain marketing and implementation activities in the course of its coordination. The department will coordinate agencies such that they retain a measure of independence and freedom of action in marketing their own specific activities and functions, consistently with the State-wide Tourism Marketing Program. (3) Cooperation. In addition to the specific administrative instructions of this Code section, the department, the Georgia Technology Authority, the Department of Administrative Services, and agencies and other departments and state authorities will assist and cooperate with one another for the purposes of this Code section. (4) Budget. The department may establish an annual budget covering all the costs of establishing and implementing the State-wide Tourism Marketing Program and determine an equitable basis for prorating all or part of the annual costs among the agencies, subject to approval by the Governor. Upon approval, the Governor may direct that the necessary pro rata share of the agencies assessed be made available for expenditure by the department in the same manner as appropriated funds. (5) Exclusion from APA. Coordination of marketing and implementation of marketing for promotion of tourism will not be subject to the 'Georgia Administrative Procedure Act,' Article 1 of Chapter 13 ofTitle 50. (6) Agency publications. Without limitation, the department may determine when the publication of official reports and similar documents, and the production of similar material in other media (such as film, video, sound, and other electronic forms) are deemed conducive to promoting tourism. Agencies will then publish or produce such material and information using themes, 'look,' and other marketing elements promulgated by the department for the State-wide Tourism Marketing Program.
(e) Georgia Tourism Foundation.
(1) Establishment. There is hereby established the Georgia Tourism Foundation, existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers:
(A) To solicit and accept contributions of money and in-kind contributions of services and property for the State-wide Tourism Marketing Program; (B) To make and disburse contributions to the department for such purposes; (C) To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions;

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(D) To formulate recommendations for the State-wide Tourism Marketing Program; (E) Subject to approval of the Governor, to create subsidiaries with like character and powers but with limited missions keyed to particular component programs and activities of the department's State-wide Tourism Marketing Program; and (F) To provide for additional officers and governance through bylaws which are consistent with the goals of lessening the government burden in promoting tourism, establishing and maintaining tax exempt status, and soliciting deductible contributions. (2) Members. The governance of the Georgia Tourism Foundation shall be in members, consisting of: (A) The commissioner of economic development, who will be chairperson; (B) The commissioner of natural resources; (C) Each ofthe executive directors of the Jekyll Island-State Park Authority, Stone Mountain Memorial Association, Lake Lanier Islands Authority, Agricultural Exposition Authority, North Georgia Mountains Authority, and Southwest Georgia Railroad Excursion Authority; (D) One representative each from the Aviation, Music, Sports, and Golf Halls ofFame; and (E) Additional private members appointed by the Governor under foundation bylaws. The chairpersons of the Senate Economic Development Committee and the House Economic Development and Tourism Committee shall serve as ex officio nonvoting members of the foundation. (3) Administration. The Georgia Tourism Foundation will be attached to the department for administrative purposes. The Attorney General will be the attorney for the foundation. The department may solicit and accept contributions from the foundation and authorize agencies to do so. The department may cooperate and contract with the foundation for their mutual benefit and authorize agencies to do so. Upon any dissolution of the foundation, its assets will devolve in trust to the department or its successor for use only for marketing to promote tourism for Georgia. (4) Public purpose. The creation ofthe Georgia Tourism Foundation and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation will be performing an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted in this Code section may not be extended to any private person or entity.'

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SECTION 2. Said Title 50 is further amended by striking paragraph (9) of Code Section 50-7-8, relating to powers of the Board of Economic Development, and inserting in its place a new paragraph to read as follows:
'(9) To solicit and 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;'

SECTION 3. Said Title 50 is further amended by striking the word "and" at the end of paragraph (1 0) and by striking paragraph ( 11) of said Code Section 50-7-8 and inserting in its place new paragraphs to read as follows:
'(11) To authorize the Department of Economic Development to participate with public and private groups, organizations, and businesses in joint marketing projects that promote the economic and tourist development of the State of Georgia and make efficient use of state appropriated marketing 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 owner. In acquisitions under this paragraph, the department shall be exempt from the provisions of Chapters 5 and 25 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. The 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 of this title, the 'Georgia Administrative Procedure Act,' in doing so. In this paragraph, 'marketing' means promotion, advertising, signage, public relations, press relations, branding, and use of a 'look'; creation, use, and licensing of trademark, copyright, and other intellectual property; discounts; and other activities of similar nature or within the term as it is commonly understood. The department will utilize competitive procedures and the Georgia Registry whenever in its reasonable discretion it is in the best interest of the state to do so. The Georgia Technology Authority will retain its authority over technology but will defer to the department in matters of marketing of economic development and implementation in such overlapping areas as creation of kiosks and web page design and operation. The Department of Administrative Services will retain its authority over purchasing in areas not peculiarly germane to marketing implementation, such as printing and shipping, but will defer to the department in matters of marketing of economic development and implementation in overlapping areas; (12) To assist the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in the administration and performance of the Georgia

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Music Hall of Fame Authority's duties, powers, responsibilities, and functions as provided in Part 10 ofArticle 7 of Chapter 3 ofTitle 12; (13) To enter into contracts with the Georgia Music Hall of Fame Authority for any purpose necessary or incidental in assisting the Georgia Music Hall of Fame Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, that all such assistance shall be performed on behalf of and pursuant to the lawful purposes of the Georgia Music Hall of Fame Authority and not on behalf of the department; and provided, further, that such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Music Hall of Fame Authority, including the provision for joint or complementary services, within the scope of their respective powers; and (14) To induce, by payment of state funds or other consideration, any agency or authority assigned to the department for administrative purposes to perform the agency or authority's statutory functions.'

SECTION 4. Said Title 50 is further amended by striking paragraph (8) subsection (b) of Code Section 50-8-3, relating to powers of the Department of Community Affairs, and inserting in its place a new paragraph to read as follows:
'(8) Reserved; and'

SECTION 5. Said Title 50 is further amended by striking subsection (d) of Code Section 50-8-9, relating to the contracts of the Department of Community Affairs, and inserting in its place a new subsection to read as follows:
'(d) Reserved.

SECTION 6. Said Title 50 is further amended by striking subsection (b) of Code Section 50-12-64, relating to the Golf Hall of Fame, and inserting in its place a new subsection (b) to read as fullows:
'(b) The board is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3.'

SECTION 7. Said Title 50 is further amended by striking subsection (b) of Code Section 50-12-70, relating to the Aviation Hall of Fame, and inserting in its place a new subsection (b) to read as fullows:
'(b) The board is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3 .'

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SECTION 8. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources is amended by striking subsections (b), (c), and (d) of Code Section 12-3-522, relating to the Music Hall of Fame Authority, and inserting in their place new subsections to read as follows:
'(b) The authority shall consist of nine members. Initially, members shall serve staggered terms of office as follows: two members for one year, two members for two years, two members for three years, and three members for four years. Thereafter, each member shall serve for a term of four years. All members shall be appointed by the Governor and confirmed by the Senate and shall serve until the appointment and qualification of their successors. The members appointed by the Governor shall be selected from the state at large but shall be representative of all of the geographic areas of the state. Such members also shall represent the state's music industry. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority. All successors shall be appointed in the same manner as original appointments. Vacancies in office shall be filled in the same manner as original appointments. An appointment to fill a vacancy shall be for the unexpired term.
(c)(1) The authority shall hold a meeting each year in July, and, at each July meeting, the authority shall elect its own officers. Officers shall serve for terms of one year each beginning with their election and qualification and ending with the election and qualification of their respective successors. No person shall hold the same office for more than one consecutive term, and no member of the authority shall hold more than any one office of the authority. No vacancy on the authority shall impair the right of the quorum to exercise all rights and perform all duties of the authority. (2) The authority is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3. (d) Each member of the authority who is not otherwise a state officer or employee shall receive for each day that such member is in attendance at a meeting of the authority a daily expense allowance and reimbursement for transportation costs as provided for in Code Section 45-7-2 l. Each member of the authority who is otherwise an officer or employee of a state agency or authority may be reimbursed by that agency or authority for meals, transportation, and lodging in the usual manner authorized by law for such officers and employees. The members of the authority shall not receive any duplicate or other compensation for their services as such.'

SECTION 9. Said Title 12 is further amended by striking subsection (h) of said Code Section 12-3-522, relating to the Music Hall of Fame Authority, and inserting in its place a new subsection to read as follows:

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'(h) The commissioner of economic development shall be the executive director of the authority. The executive director shall appoint such directors, deputies, assistants, and other staffmembers as may be necessary to manage the operations of the authority and may organize the authority into such divisions, sections, or offices as may be deemed necessary or convenient.

SECTION 10. Said Title 12 is further amended by striking paragraph (3) of Code Section 12-3-524, relating to the powers of the Music Hall of Fame Authority, and inserting in its place a new paragraph to read as fullows:
'(3) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts and fiscal agents; to contract for the services of individuals or organizations not employed full time by the authority who or which are engaged primarily in the rendition of personal services rather than the sale ofgoods or merchandise, such as, but not limited to, the services of accountants, engineers, architects, consultants, and advisers, and to allow suitable compensation for such services; including the power to contract with the Department of Economic Development or any other department for professional, technical, clerical, and administrative support as may be required and to make provisions for group insurance, retirement, or other employee benefit arrangements, provided that no part-time or contract employees shall participate in group insurance or retirement benefits;'

SECTION 11. Said Title 12 is further amended by striking paragraph (23) of said Code Section 12-3-524, relating to the powers of the Music Hall of Fame Authority, and inserting in its place a new paragraph to read as follows:
'(23) The authority shall have the power to contract with the Department of Economic Development or any other department for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and management of the authority; provided, however, that such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to the Department of Economic Development or any other department, authority, or agency of the state unless otherwise provided by law, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred and except as may be deemed necessary or desirable by the authority to fulfill the purposes of the authority as set forth in this part. Nothing in this paragraph shall be construed as precluding the provision, by the Department of Economic Development, any other department, authority, or agency of the state, or the authority, of joint or complementary services or programs within the scope of their respective powers.'

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SECTION 12. Said Title 12 is further amended by striking Code Section 12-3-5 34, relating to the power of the Department of Community Affairs to construct a project for theMusic Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
'12-3-534. The Department of Economic Development is authorized to construct, erect, acquire, and exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.'

SECTION 13. Said Title 12 is further amended by striking Code Section 12-3-536, relating to a transfer of employees of the Music Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
'12-3-536. (a) Effective July 1, 1998, without diminishing the powers of the authority pursuant to Code Section 12-3-524, all personnel positions authorized by the authority in fiscal year 199 8 shall be transferred to the Department of Community Affuirs. All employees of the authority on June 30, 1998, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs and shall become employees in the unclassified service of the state merit system as defmed in Code Section 45-20-6. (b) Upon the effective date of this subsection, the functions of the Board of Community Affuirs, Department of Community Affuirs, and commissioner of community affairs respecting the Music Hall of Fame Authority are transferred to the Department of Economic Development. The commissioner of economic development and the commissioner of community affairs shall arrange administratively for the transfer of records, equipment, and facilities for such transferred functions. The personnel positions authorized by the Department of .Community Affuirs shall be transferred to the Department of Economic Development, and all employees of the Department of Community Affuirs whose positions are transferred shall become employees of the Department ofEconomic Development with no break in service and in the classified or unclassified service as they were at the Department ofCommunity Affuirs.'

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SECTION 14. Said Title 12 is further amended by striking subsection (g) of Code Section 12-3-562, relating to the Sports Hall ofFame Authority, and inserting in its place a new subsection to read as follows:
'(g) The authority is assigned to the Department of Economic Development for administrative purposes only.'

SECTION 15. Said Title 12 is further amended by striking Code Section 12-3-574, relating to the project of the Sports Hall of Fame Authority, and inserting in its place a new Code section to read as follows:
'12-3-574. The Department of Economic Development is authorized to construct, erect, acquire, and exercise custodial responsibility over the project, as defined in this part, the ownership of which shall be in the state. The costs of any such project may be paid from the proceeds of state general obligation or guaranteed revenue debt. The department is authorized to contract with the authority, the State Properties Commission, the Georgia State Financing and Investment Commission, or with any other department, agency, commission, board, official, or person for the construction, operation, maintenance, funding, design, or use of such project.

SECTION 16. Said Title 12 is further amended in Code Section 12-3-5 82, relating to the Golf Hall of Fame Authority, by adding a new subsection (i) to read as follows:
'(i) The authority is assigned to the Department of Economic Development for administrative purposes only, as specified in Code Section 50-4-3.'

SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 18. All laws and parts of laws in conflict with this Act are repealed.

Approved April26, 2005.

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STATE GOVERNMENT- GREEN TREE FROG; OFFICIAL STATE AMPHIBIAN.

No. 59 (Senate Bill No. 41).

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 green tree frog as the official state amphibian; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. The General Assembly finds and determines that:
( 1) The green tree frog's (hyla cinerea) habitat includes nearly all of Georgia, so virtually all Georgians are familiar with it or have a great opportunity to see its conspicuous bright color and striped markings; (2) Large aggregations of calling males create conspicuous and characteristic nighttime choruses during the warm months; (3) All other major groups ofwildlife, including mammals, birds, reptiles, fish, insects, trees, and wildflowers, are represented by state symbols, and amphibians are a crucial link in the state s ecosystem; (4) Official recognition of a state amphibian could help correct the false impression that amphibians and reptiles are one and the same; (5) The State ofGeorgia is home to 85 different species of amphibians, which gives it the distinction of having the second greatest amphibian diversity of any state in the United States behind North Carolina; (6) Well-publicized world-wide decline of amphibians has become a major conservation concern and the exclusion of amphibians from our official state symbols list could possibly contribute to a sense of complacency towards this loss ofbiota; (7) Amphibians are excellent indicators of water and air quality due to their porous skin and habit of moving between aquatic and terrestrial habitats, and declines in their numbers can serve as early warning signs that environmental conditions maybe deteriorating in localized areas; and (8) Establishing an official state amphibian is necessary to fully recognize our diverse wildlife and the green tree frog is deserving of the attention and appreciation of the citizens of this state by designation as the official state amphibian.

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SECTION 2. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by adding a new Code Section 50-3-8 1 to read as follows:
'50-3-81. The green tree frog is designated as the official Georgia state amphibian.'

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

Approved April26, 2005.

EDUCATION- COMPULSORY ATTENDANCE; GOVERNOR'S AUTHORITY; REPEAL.
No. 60 (House Bill No. 26).
AN ACT
To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance, so as to repeal a provision authorizing the Governor to suspend all or any part of said subpart because of a riot, insurrection, public disorder, disturbance of the peace, natural calamity, or disaster; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the 0 fficial Code of Georgia Annotated, relating to c'ompulsory attendance, is amended by striking in its entirety Code Section 20-2-702, relating to the Governor's authority to suspend compulsory attendance laws, and inserting in its place a new Code Section 20-2-702 to read as follows:
'20-2-702. Reserved."
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved April28, 2005.

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EDUCATION- EDUCATION GRANTS; REPEAL.

No. 61 (House Bill No. 27).

AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to repeal Article 14, relating to education grants; to repeal conflicting laws; and fur 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 repealing in its entirety Article 14, relating to education grants, and inserting in lieu thereof the following:

'ARTICLE 14

20-2-640. Reserved.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April28, 2005.

EDUCATION- SCHOOL OR INSTITUTION CLOSURE; GOVERNOR'S AUTHORITY; REPEAL.
No. 62 (House Bill No. 25).
AN ACT
To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to repeal a provision which grants the Governor the power to close any school or institution under the control of the board of regents; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, is amended by repealing in its entirety Code Section 20-3-70, relating to the power of the Governor to close schools and institutions under the control of the board of regents, and inserting in lieu thereofthe following:
'20-3-70. Reserved.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April 28,2005.

EDUCATION- GEORGIA EDUCATION AUTHORITY (SCHOOLS); PRIVATE SCHOOLS; LEASES.
No. 63 (House Bill No. 372).
AN ACT
To amend Code Section 20-2-553 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Education Authority (schools), so as to remove a provision that allows the authority to lease public property to private schools; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 20-2-55 3 of the Official Code of Georgia Annotated, relating to the powers of the Georgia Education Authority (schools), is amended by striking paragraph (5) of subsection (a) and inserting in lieu thereof the following:
'(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be erected or acquired; and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to the county boards of education, city

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boards of education, or governing bodies of independent districts or systems, for and on behalf of the units and institutions within their respective counties, cities, or districts, and to the authority to enter into contracts and lease agreements for the use of any structure, building, or facilities of the authority for a term not exceeding 50 years, and the board of education or equivalent governing body for and on behalf of the respective political subdivision may obligate itself and its successors to use only such structure, building, or facility and none other and so long as such property is used by such political subdivision to pay an amount to be determined from year to year for the use of such property so leased and also to obligate itself and its successors as a part of the lease contract to pay the cost of maintaining, repairing, and operating the property so leased from the authority.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved April28, 2005.

HIGHWAYS- DEVELOPMENTAL HIGHWAY SYSTEM; ADDITIONAL ROUTE.
No. 64 (Senate Bill No. 107).
AN ACT
To amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to add an additional route to the Developmental Highway System; 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 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by striking paragraphs (18) and (19) of subsection (a) of Code Section 32-4-22, relating to the creation of the Developmental Highway System, and inserting in their place the following:
'(18) Power Alley, U.S. 280 from Columbus to Savannah; (19) SR 125 from its intersection with SR 107 in Ben Hill County (Fitzgerald Bypass) to its intersection with SR 32 in Irwin County; and (20) SR 15 from its intersection with US 441/SR 24 at Watkinsville to its intersection with US 1 in Toombs County.'

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SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved April29, 2005.

MOTOR VEHICLES- PROFESSIONS- TEMPORARY LICENSE PLATES; TEMPORARY SITE PERMITS.
No. 65 (House Bill No. 455).
AN ACT
To amend provisions of the Official Code of Georgia Annotated, relating to new and used motor vehicle dealers; 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 provide for use of the vehicle identification number on temporary license plates; to provide that all temporary plates shall be required to have a holographic security image and a write-resistant overlay; to require all sellers and distributors of holographic strips to register with the department; to provide for dealer's plates; to provide for the replacement oflost or stolen plates; to provide for temporary site permits for new motor vehicle dealers; to provide for civil, administrative, and criminal penalties; to repeal and reserve Code Section 4 0-2-15 3, relating to registration and licensing of makers and dealers of motor vehicles; to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, so as to change the definition of "temporary site"; to provide for temporary site permits for used motor vehicle dealers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking subparagraph (b)(2)(B) and paragraph (3) of subsection (b) of Code Section 40-2-8, relating to operation of an unregistered vehicle or vehicle without a current license plate, and inserting in their respective places the following:

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'(B)(i) Any dealer of new or used motor vehicles shall issue to the purchaser of a vehicle at the time of sale thereof, unless at such time the purchaser makes application to transfer to such vehicle in accordance with this chapter a valid license plate issued to him or her or unless such vehicle is to be registered under the International Registration Plan, a temporary plate which may bear the dealer's name and location and shall bear, in characters not less than one-quarter of an inch wide and one and one-half inches high, the expiration date of the period within which the purchaser is required by Code Section 40-2-20 to register such vehicle. Such temporary plates shall be made of heavy stock paper, inscribed with indelible ink, and designed to resist deterioration or fuding due to exposure to the elements during the period for which display is required. The expiration date, the vehicle identification number, and the year, make, and model of the vehicle shall be handprinted on the plate at the time of issuance by use of an indelible ink marker, with contrasting ink, provided that the month of expiration shall be indicated by complete word or by three-letter abbreviation thereof The expiration date of such a temporary plate may be revised and extended by the county tag agent only if an extension of the purchaser's initial registration period has been granted as provided by Code Section 40-2-20. Such temporary plate shall not resemble a license plate issued by this state and shall be issued without charge or fee therefor. Such temporary plate shall be surrendered to the tag agent at the time the vehicle is registered, and the tag agent shall destroy such temporary plate. The requirements of this subparagraph do not apply to a dealer whose primary business is the sale of salvage motor vehicles and other vehicles on which total loss claims have been paid by insurers. (ii) All temporary plates issued by dealers to purchasers of vehicles shall be of a standard design prescribed by regulation promulgated by the Department ofMotor Vehicle Safety in accordance with the requirements of this subparagraph. All temporary plates shall be required to have a holographic security image and a write-resistant overlay with security features such that any attempt to change or modifY the expiration date on the temporary plate will show immediate signs of tampering. All holographic security images required under this division and manufactured on or after July 1, 2005, shall be numbered with a separate and distinct number at the point of manufacture. All holographic security images affiXed to temporary plates on or after January 1, 2006, shall be numbered as required by this division. (3) All sellers and distributors of holographic strips must register with the department and shall be assigned a distinct identifier by the department. Such identifier shall precede the numbers required under division (b)(2)(B)(ii) of this Code section. All sellers and distributors of holographic security images must maintain an inventory record of holographic security images by number and purchaser.

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(4) The purchaser and operator of a vehicle shall not be subject to the penalties set forth in this Code section during the period allowed for the registration. If the owner of such vehicle presents evidence that such owner has properly applied for the registration of such vehicle, but that the license plate or revalidation decal has not been delivered to such owner, then the owner shall not be subject to the above penalties.'

SECTION 2. Said chapter is further amended by striking Code Section 40-2-38, relating to registration and licensing of dealers and manufacturers of motor vehicles, and inserting in its place the following:
'40-2-38. (a) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealer's number, specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of$62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the dealer one master number plate to expire December 31 of each year, to be known as a dealer's number and to be distinguished from the number plates provided for in this chapter by different and distinguishing colors to be determined by the commissioner. The dealer plate for a franchise motor vehicle dealer shall be distinguishable from the dealer plate for a used car dealer. A dealer's number plate is for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. Persons engaged in the business of transporting vehicles for a dealer under a vehicle's own power shall be permitted to use such dealer's plate for the purpose oftransporting a vehicle.
(1) No dealer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealer's number for private use on vehicles owned by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealer's number used by an employee or officer for private use shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. For purposes of this paragraph, 'employee' means a person who works a minimum of 36 hours per week at the dealership. (2) The manufacturer's or distributor's license plate is limited to no longer than six months' use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word 'Manufacturer' or 'Distributor' on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a 'Manufacturer' or 'Distributor' number plate on motor vehicles it

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owns when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. A dealer may apply for one or more distinguishing dealer's num hers. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. (b) Dealer plates shall be issued in the following manner: (I) Dealers shall be issued a master plate and two additional plates, for a total of three initial plates; and (2) In addition to the three dealer plates issued in accordance with paragraph (I) of this subsection, each dealer may also be issued one additional dealer plate for every 20 retail units sold in a calendar year. In order to determine the additional number of plates to be issued to a dealer, a dealer shall be required to certifY to the department the number of retail units sold in the prior calendar year using the past motor vehicle sales history of the dealer. If no sales history is available, the department shall issue a number of plates based on an estimated number of sales for the coming calendar year. The department may, in its discretion, increase or decrease the number of plates issued based on actual sales. (c) Persons engaged in the business of transporting mobile homes and house trailers for others shall likewise be entitled to obtain license plates under this Code section. The commissioner is authorized to promulgate rules and regulations covering the issuance of plates to such persons; provided, however, this Code section shall not apply in any manner to furm tractors. (d) This Code section shall not apply in any manner to mopeds as such term is defined in Code Section 40-l-l. (e) The license plates issued pursuant to this Code section shall be revoked and confiscated upon a determination after a hearing that such dealer, distributor, manufucturer, or person engaged in transporting mobile homes and house trailers has unlawfully used such license plates in violation ofthis Code section. (f) If a license plate issued pursuant to this Code section is lost or stolen, the dealer, manufacturer, distributor, or other party to whom the license plate was issued must immediately report the lost or stolen plate to local law enforcement agencies. If a replacement license plate is sought, the dealer, manufucturer, distributor, or other party to whom the license plate was issued shall file a notarized affidavit with the department requesting a replacement plate. Such affidavit shall certify under penalty of perjury that the license plate has been lost or stolen and that the loss has been reported to a local law enforcement agency.'

SECTION 3. Said chapter is further amended by striking Code Section 40-2-39, relating to registration and licensing of new motor vehicle dealers, and inserting in its place the following:

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'40-2-39. (a) As used in this Code section, the term:
(1) 'Dealer' means any person engaged in the business of selling or leasing or ofrering to sell or lease new motor vehicles and who is licensed or otherwise authorized to utilize trademarks or service marks associated with one or more makes of motor vehicles in connection with such sales or leases. The term 'dealer' shall not mean any person engaged solely in the business of selling used motor vehicles and shall not mean any person engaged in the solicitation, advertising, or financing of the sale of new motor vehicles and shall not mean any person engaged solely in activities as a manufacturer or distributor of new motor vehicles. (2) 'Distributor' means any person who, pursuant to a contract with a manufacturer, sells or offers to sell new motor vehicles to new motor vehicle dealers. (3) 'Established place ofbusiness' means a permanent salesroom or sales office of a new motor vehicle dealer, which permanent salesroom or sales office is located in a permanent building on an open lot and which is marked by an appropriate sign and at which a permanent business of bartering, trading, or selling ofnew motor vehicles is carried on in good faith. (4) 'Manufacturer' means any person who makes or assembles new motor vehicles. (5) 'Motor vehicle' means every self-propelled vehicle intended primarily for use and operation on the public highways, except farm tractors and other machines and tools used in the production, harvesting, and care of farm products and except construction equipment. (6) 'New motor vehicle' means a motor vehicle which has been sold to a dealer and on which the original motor vehicle title has not been issued. (7) 'Person' means every natural person, partnership, corporation, association, trust, estate, or any other legal entity. (8) 'Temporary site' means a location at which new or used motor vehicles are sold or offered for sale for which a temporary site permit has been issued by the Department of Motor Vehicle Safety in accordance with paragraph (4) of subsection (b) of this Code Section and which location is:
(A) Used for a period not to exceed 96 hours in any 30 day period of time; (B) Used not more than three times in any calendar year; and (C) Located in the county in which the established place of business of the new motor vehicle dealer using the temporary site is located or an adjoining county. (9) 'Trade shows' means the display or solicitation for sale of new motor vehicles at a location other than the established place of business at which the sales transaction is accomplished or at which delivery of the new motor vehicle is completed. (b)(1) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer unless and until such person has registered with the commissioner and obtained a dealer's number license plate under Code Section

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40-2-38 for each established place of business at which the person engages in such activity. The commissioner shall not accept such application for .registration and shall not issue a dealer's number license plate unless and until the applicant establishes to the satisfaction of the commissioner, under criteria established by rules or regulations promulgated by the commissioner, that the applicant shall not engage in any activity of a new motor vehicle dealer except at an established place ofbusiness, a temporary site, or a properly licensed auto auction or licensed fucility. This paragraph shall not be construed to prohibit a new motor vehicle dealer from delivering a vehicle off site if the transaction is initiated at an established place ofbusiness under this chapter. (2) It shall be unlawful for any person to engage in any activity as a new motor vehicle dealer except at an established place of business which has been registered as such under this Code section and Code Section 40-2-38 or at a temporary site. (3) This subsection shall not apply to new motor vehicle trade shows and shall not be construed to prohibit new motor vehicle trade shows or properly licensed auctions.
(4)(A) At least 60 days prior to the opening of a sale at a temporary site, a new motor vehicle dealer must make application to the Department ofMotor Vehicle Safety for a ternporary site permit. (B) To be eligible for a temporary site permit, a new motor vehicle dealer must be registered with the department as required by Code Section 40-2-38. In order to obtain a temporary site permit, a new motor vehicle dealer must provide, on a form promulgated by the department,
(i) The address, including county, of the new motor vehicle dealer's established place ofbusiness; (ii) The address, including county, ofthe temporary site location; (iii) The dates and hours ofthe temporary site sale; (iv) The number of temporary site sales already conducted by the new motor vehicle dealer during the calendar year in which the requested temporary site sale is to occur; and (v) The name, address, and contact person of any sponsors, promoters, and lending institutions involved in or to be represented at the temporary site sale. (C) As part of the application, a new motor vehicle dealer must submit written documentation demonstrating that the new motor vehicle dealer has complied with any licensing requirements applicable in the local jurisdiction in which the temporary site sale will occur and a copy of a written agreement with the owner of the real property where the sale is to occur. (D) A temporary site permit issued pursuant to this paragraph shall be valid only for the dates and hours of the sale as indicated in the application submitted to the department and must be prominently displayed at the temporary site at all times during the sale. No new motor vehicle dealer may purchase more than three temporary site permits within a calendar year. A temporary site permit is not transferable to any other dealer or location.

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(E) The filing fee for each application for a temporary site permit shall be $100.00. (c) As an alternative to criminal or other civil enforcement, the commissioner, in order to enforce this Code section or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative fine not to exceed $1,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person has violated any provisions of this Code section or any regulations or orders promulgated thereunder. If, after a hearing, the commissioner determines that any person has violated this Code section more than once, the commissioner may suspend a dealer's registration for a period not to exceed ten days. Any hearing and any administrative review held pursuant to this Code section shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this subsection shall be paid into the state treasury. The commissioner may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) in the county wherein the violation occurred, a certified copy of a fmal order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the commissioner with respect to any violation of this Code section or any order, rules, or regulations promulgated pursuant thereto. For purposes of this subsection, the sale of each motor vehicle while not in compliance with temporary site permit requirements shall constitute a separate violation. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 or imprisonment for a period not to exceed 12 months, or both.'

SECTION 4. Said chapter is further amended by striking Code Section 40-2-153, relating to registration and licensing of makers and dealers of motor vehicles, and inserting in lieu thereofthe following:
'40-2-153. Reserved.'

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SECTION 5. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle and used motor vehicle parts dealers, is amended by striking paragraph (15.1) of Code Section 43-47-2, relating to definitions regarding used motor vehicle and used motor vehicle parts dealers, and inserting in its place the following:
'(15.1) 'Temporary site' means a location at which used motor vehicles are sold or offered for sale for which a temporary site permit has been issued by the board in accordance with Code Section 43-4 7-8.2 and which location is:
(A) Used for a period not to exceed 96 hours in any 30 day period of time; (B) Located in the county in which the established place of business of the used motor vehicle dealer using the temporary site is located or an adjoining county; and (C) Used not more than three times in any calendar year.'

SECTION 6. Said chapter is further amended by striking Code Section 43-47-8.2, relating to places of business and temporary sites, and inserting in its place the following:
'43-4 7-8.2. (a) A used motor vehicle dealer shall not engage in any activity as a used motor vehicle dealer except at such dealer's established place of business which has been registered under Code Section 40-2-3 8, at temporary sites not more than three times in any one calendar year, or at a licensed auto auction or any licensed facility. This subsection shall not be construed to prohibit a used motor vehicle dealer from delivering a vehicle off site provided the transaction is initiated from an established place ofbusiness under this chapter.
(b)(1) At least 60 days prior to opening a sale at a temporary site, a used motor vehicle dealer must make application to the board for a temporary site permit. A separate application must be submitted for every temporary site sale. (2) To be eligible for a temporary site permit, a used motor vehicle dealer must be registered with the Department of Motor Vehicle Safety as required by Code Section 40-2-38. In order to obtain a temporary site permit, a used motor vehicle dealer must provide, on a form promulgated by the board,
(A) The address, including county, of the used motor vehicle dealer's established place ofbusiness; (B) The address, including county, of the proposed temporary site location; (C) The dates and hours of the temporary site sale; (D) The number of temporary site sales already conducted by the used motor vehicle dealer during the calendar year in which the requested temporary site sale is to occur; and (E) The name, address, and contact person of any sponsors, promoters, and lending institutions involved in or to be represented at the temporary site sale. (3) As part of the application, a used motor vehicle dealer must submit written documentation demonstrating that the used motor vehicle dealer has complied

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with any licensing requirements applicable in the local jurisdiction in which the temporary site sale will occur and a copy of a written agreement with the owner of the real property where this sale will occur. (4) A temporary site permit issued pursuant to this subsection shall be valid only for the dates and hours of the sale as indicated on the application submitted to the board and must be prominently displayed at the temporary site at all times during the site sale. No used motor vehicle dealer may purchase more than three temporary site permits within a calendar year. A temporary site permit is not transferable to any other dealer or location. (5) The fee for each application for a temporary site permit shall be $100.00. (c) As an alternative to criminal or other civil enforcement of this Code section or any orders, rules, and regulations promulgated pursuant hereto, the board may issue an administrative fine not to exceed $1,000.00 for each violation whenever the board, after a hearing, determines that any person has violated any provisions of this Code section or any orders, rules, and regulations promulgated pursuant hereto. If, after a hearing, the board determines that any person has violated this provision more than once, the board may suspend his or her license for a period not to exceed ten days. Any hearing and any administrative review held pursuant to this Code section shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the board shall have the right of judicial review thereof in accordance with Chapter l3 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The board may file, in the superior court: (1) In the county wherein the person under order resides; (2) If such person is a corporation, in the county wherein the corporation maintains its established place of business; or (3) In the county wherein the violation occurred, a certified copy of a final order of the board, whether unappealed from or affrrmed upon appeal, whereupon the superior court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the superior court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the board with respect to any violation of this Code section or any order, rule, or regulation promulgated pursuant hereto. For purposes of this Code section, the sale of each motor vehicle while not in compliance with temporary site permit requirements shall constitute a separate violation. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not to exceed $1,000.00 or imprisonment for a period not to exceed 12 months, or both."

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SECTION 7. This Act shall become effective on July I, 2005, except Section 2, which shall become effective on January I, 2006.

SECTION 8. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

MOTOR VEHICLES- COMMERCIAL TRANSPORTATION ADVISORY COMMITTEE; CREATE.
No. 66 (House Bill No. 458).
AN ACT
To amend Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, so as to create the Commercial Transportation Advisory Committee; to provide for purposes and membership; to provide for terms of office and voting privileges; to provide for meetings and agendas; 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 16 of Title 40 of the Official Code of Georgia Annotated, relating to administration of the Department of Motor Vehicle Safety, is amended by inserting a new Code Section 40-16-8, immediately following Code Section 40-16-7, to read as follows:
'40-16-8. (a) There shall be established, within the department, the Governor's Commercial Transportation Advisory Committee. The purpose of this committee is to advise the Governor on all laws, regulations, rules, and other matters related to the operation within this state of motor carriers, including private carriers, as defined in Code Section 46-1-1. The committee shall also serve as a forum for representatives of the motor carrier industry to meet with representatives of the various state agencies responsible for the oversight, enforcement, taxation, and regulation of the commercial transportation industry. (b) The committee shall consist of the following members:
(I) The commissioner of the Department of Motor Vehicle Safety or his or her designee;

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(2) The commissioner of the Department of Public Safety or his or her designee; (3) The commissioner of the Department of Transportation or his or her designee; (4) The commissioner of the Department ofRevenue or his or her designee; (5) The Speaker of the House or his or her designee; (6) The chairperson of the House Transportation Committee, who shall chair the committee; (7) The President Pro Tempore of the Senate or his or her designee; (8) The chairperson of the Senate Transportation Committee; (9) The president of the Georgia Motor Trucking Association or his or her designee; (10) Five industry representatives appointed by the Governor; and (11) The Governor or his or her designee who shall serve ex officio. (c) Each member of the committee shall serve until replaced. All members of the committee shall have equal voting privileges on all matters brought befure the committee. The committee shall meet at least three times per year at a date and time set by the chairperson. The chairperson shall prepare an agenda fur each meeting and shall distribute the agenda for each meeting at least 20 days prior to the date ofthe meeting.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 2, 2005.

MOTOR VEHICLES -WINDOW TINT RESTRICTIONS; REENACT.
No. 67 (House Bill No. 20).
AN ACT
To amend Article 1 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, so as to repeal and reenact certain provisions regarding window tint restrictions; to provide for definitions; to regulate the application or affixing of light transmission reducing material or glazing; to provide for criminal penalties; to provide for powers, duties, and authority of the Department of Motor Vehicle Safety; to provide fur related

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article I of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment of motor vehicles generally, is amended by repealing Code Section 40-8-73.1, relating to material affixed to front windshields or front door windows which obstruct vision into vehicle, in its entirety and inserting in its place a new Code Section 40-8-73.1 to read as fullows:
'40-8-73.1. (a) As used in this Code section, the term:
(1) 'Light reflectance' means the ratio of the amount of total light that is reflected outward by a product or material to the amount of total light falling on the product or material. (2) 'Light transmission' means the ratio of the amount of total light, expressed in percentages, which is allowed to pass through a surface to the amount of light falling on the surface. (3) 'Manufacturer' means a person who produces or assembles a vehicle glass-coating material or who fabricates, laminates, or tempers a safety-glazing material, which material reduces light transmission. (4) 'Material' means any transparent product or substance which reduces light transmission. (5) 'Multipurpose passenger vehicle' means a motor vehicle designed to carry ten persons or less which is constructed on a truck chassis or with special features for occasional off-road operation. (b) Except as provided in this Code section, it shall be unlawful for any person to operate a motor vehicle in this state: ( 1) Which has material and glazing applied or affixed to the front windshield, which material and glazing when so applied or a:ff'txed reduce light transmission through the windshield; or (2) Which has material and glazing applied or affixed to the rear windshield or the side or door windows, which material and glazing when so applied or affixed reduce light transmission through the windshield or window to less than 32 percent, plus or minus 3 percent, or increase light reflectance to more than 20 percent. (c) The provisions of subsection (b) of this Code section shall not apply to: (1) Adjustable sun visors which are mounted forward of the side windows and are not attached to the glass; (2) Signs, stickers, or other matter which is displayed in a seven-inch square in the lower corner ofthe windshield farthest removed from the driver or signs, stickers, or other matter which is displayed in a five-inch square in the lower corner ofthe windshield nearest the driver;

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(3) Direction, destination, or termination signs upon a passenger common carrier motor vehicle if the signs do not interfere with the driver's clear view of approaching traffic; (4) Any transparent item which is not red or amber in color which is placed on the uppermost six inches ofthe windshield; (5) Any federal, state, or local sticker or certificate which is required by law to be placed on any windshield or window; (6) The rear windshield or the side or door windows, except those windows to the right and left of the driver of:
(A) A multipurpose passenger vehicle; (B) A school bus, any other bus used for public transportation, and any bus or van owned or leased by any religious or any nonprofit organization duly incorporated under the laws ofthis state; (C) Any limousine owned or leased by a public or private entity; or (D) Any other vehicle, the windows or windshields of which have been tinted or darkened before factory delivery or permitted by federal law or regulation; or (7) Any law enforcement vehicle. (d) The Department of Motor Vehicle Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions of this Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Motor Vehicle Safety. (e) No person shall install any material upon the windshields or windows of any motor vehicle, the installation of which would result in a reduction of light transmission or an increase in light reflectance in violation of subsection (b) of this Code section. (f) The Department of Motor Vehicle Safety is authorized to promulgate such rules and regulations as may be necessary to carry out the provisions of this Code section. (g) Any person who violates subsection (b) or (e) of this Code section shall be guilty of a misdemeanor.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 2, 2005.

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MOTOR VEHICLES -DEPARTMENT OF DRIVER SERVICES.
No. 68 (House Bill No. 501).
AN ACT
To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, and numerous other provisions of the Official Code of Georgia Annotated, so as to substantially amend laws relating to operation and regulation of motor vehicles and substantially revise the state administration of such laws; to create the Department of Driver Services as a successor agency to the Department of Motor Vehicle Safety; to provide for the Department of Driver Services to assume certain responsibilities of the Department of Motor Vehicle Safety and in particular responsibility for driver's licensing services; to substantially amend provisions relative to the issuance of driver's licenses, change fees therefor, change the duration thereof, change the requirements and procedure for issuance thereof, change provisions relating to suspension and renewal thereof, and make other related changes; to amend the Official Code of Georgia Annotated so as to transfer into other departments and agencies responsibility for administration of other laws relating to motor vehicles, including but not limited to titling, registration, and licensing of motor vehicles, insuring of motor vehicles and responsibility for accidents, regulation of vehicle sizes and weights, fuel tax enforcement, certification and permitting of carriers, handicapped parking permits, establishment ofvehicle and vehicle component safety standards, and transportation of hazardous materials; to provide for the revision and amendment of certain laws relating to transferred functions, both in connection with and in addition to the transfer of functions; to provide for other matters related to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I Amendments to Chapter 40-16. Department ofMotor Vehicle Safety.
SECTION 1-1.
Chapter 16 of Title 40 of the Official Code of Georgia Annotated, relating to the Department of Motor Vehicle Safety, is amended by striking said chapter in its entirety and inserting in its place a new chapter to read as follows:

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'CHAPTER 16

40-16-1. As used in this chapter, the term:
(1) 'Board' means the Board ofDriver Services. (2) 'Commissioner' means the commissioner of driver services. (3) 'Department' means the Department of Driver Services.

40-16-2. (a) There is created the Department of Driver Services. The Department of Driver Services shall be a successor agency to and continuation of the former Department of Motor Vehicle Safety. The department shall be the agency primarily responsible for:
(1) Administration of the laws and regulations relating to drivers' licenses, as provided for in Chapter 5 ofthis title; (2) Administration of the laws and regulations relating to proof of financial responsibility, as provided for in Chapter 9 of this title; (3) Administration of laws relating to ignition interlock devices for use by driving under the influence offenders; (4) Administration of laws relating to driver training schools, driver improvement clinics, DUI Alcohol or Drug Use Risk Reduction Programs, and commercial driving schools; (5) Administration oflaws relating to motorcycle safety programs; (6) Administration oflaws and regulations relating to issuance of limousine chauffeur permits; and (7) Administration of any other laws specifically providing for their administration by the department. (b) Responsibility for the following functions formerly exercised by the Department of Motor Vehicle Safety is transferred as follows: ( 1) Promulgation of regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32 shall be vested in the Department of Transportation; and administrative enforcement of such regulations and the law enforcement function of apprehending and citing violators of such laws and regulations are transferred . to the Department of Public Safety, as well as the function of promulgating regulations relative to its enforcement function; (2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements is transferred to the Department of Pub lie Safety; (3) Administration of laws and regulations relating to certification of motor carriers and limousine carriers is transferred to the Public Service Commission and administration of laws and regulations relating to carrier registration and registration and titling of vehicles is transferred to the Department ofRevenue; (4) Administration of laws relating to motor vehicle franchise practices is transferred to the Department ofRevenue;

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(5) Administration of laws relating to handicapped parking permits is transferred to the Department of Revenue; (6) Responsibility for establishment of safety standards for motor vehicles and motor vehicle components is generally transferred to the Department of Public Safety except as may be specifically otherwise provided by law; (7) Administration of laws relating to hazardous materials carriers is transferred to the Department of Public Safety; (8) Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority is transferred to the Department of Public Safety: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (9) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers is transferred to the Department of Public Safety; (I 0) Enforcement ofCode Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes is transferred to the Department of Pub lie Safety; (II) Enforcement of Code Section 16-II-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system is transferred to the Department of Public Safety; ( 12) Enforcement of Code Section I6 -7-4 3, relating to littering public or private property or waters, on any public road which is part of the state highway system is transferred to the Department ofPublic Safety; and (I3) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system is transferred to the Department of Public Safety. (b) In the performance of its duties, the department shall be required to comply with all applicable federal laws and rules and regulations and shall certifY that the state is in compliance with all provisions and requirements of all applicable federal-aid acts and programs.

40-16-2.1. Annual reports shall be provided to the General Assembly by the affected departments with respect to the reorganization provided for in Code Section 40-16-2 and with respect to other activities of the departments as follows:
(I) The Department of Driver Services shall provide an annual report which shall include, together with other information deemed pertinent by the department, service metries clearly indicating the department's ability to meet public demand for its services; and (2) The Department of Public Safety shall provide an annual report which shall include, together with other information deemed pertinent by the department, the records of the department with respect to safety inspections and citations issued.

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40-16-3. (a) The department shall be under the direction, control, and management of the Board of Driver Services and the commissioner of driver services. The commissioner shall be appointed by and serve at the pleasure of the board.
(b)(1) The Board of Driver Services shall be a successor to and continuation of the Board of Motor Vehicle Safety and shall consist of nine members. Five members shall be appointed by the Governor and their terms shall expire as follows: two members on June 30, 2003, and June 30 of each sixth year thereafter; two members on June 30, 2005, and June 30 of each sixth year thereafter; and one member on June 30, 2007, and June 30 of each sixth year thereafter. Two members shall be appointed by the Lieutenant Governor and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. Two members shall be appointed by the Speaker of the House and their terms shall expire as follows: one member on June 30, 2003, and June 30 of each sixth year thereafter and one member on June 30, 2006, and June 30 of each sixth year thereafter. All members except for the initial appointees shall serve for terms of six years and until their successors are appointed and qualified. (2) All members serving on the Board of Motor Vehicle Safety as of the time the 2005 amendment of this Code section becomes law shall continue to serve as members ofthe Board of Driver Services for the remainder of their original terms of office and shall if necessary hold over beyond the end of those terms until successors are appointed and qualified. (c) The Governor shall designate a member to serve as chairperson of the board. The chairperson's term as chairperson shall expire on June 30, 2003, and June 30 of each second year thereafter. The board may elect other officers from among its membership and may establish bylaws for the conduct of its business. (d) The members of the board shall receive no salary for their service on the board but any member who is not otherwise a state officer or employee shall receive a per diem expense allowance as provided in subsection (b) of Code Section 45-7-21. (e) The board shall be the general policy-making body for the Department of Driver Services; and the commissioner shall be the chief executive officer of the department, subject to the policies established by the board. All rules and regulations promulgated by the commissioner must be approved by the board before they take effect. (t) The commissioner shall receive an annual salary to be set by the board which shall be his or her total compensation for services as commissioner. The commissioner shall be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties. (g) The commissioner shall take and subscribe before the board an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.

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40-16-4. (a) The commissioner shall establish such units within the department as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them inwriting. (b) The commissioner shall have the authority to employ as many persons as he or she deems necessary for the administration of the department and for the discharge of the duties of his or her office. He or she shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she deems proper, to employ, assign, compensate, and discharge employees of the department within the limitations of the department's appropriation and the restrictions set furth by law. (c) All employees of the department shall be compensated upon a fixed salary basis and no person shall be compensated for services to the department on a commission or contingent fee basis. (d) Neither the commissioner nor any officer or employee of the department shall be given or receive any fee, compensation, loan, gift, or other thing ofvalue in addition to the compensation and expense allowance provided by law for any service or pretended service either rendered or to be rendered as commissioner or as an officer or employee of the department. (e) The commissioner shall have the authority to appoint and employ 15 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 involving internal affairs ofthe department and in cases involving fraud in applications for or the issuance of any license, permit, certificate, or other credential within the jurisdiction of the department. In such cases, the investigators shall be authorized:
(1) To investigate Department ofDriver Services related crimes committed anywhere in the state; (2) To arrest any person violating the criminal laws of this state; (3) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants; (4) To enforce in general the criminal laws of this state; and (5) To carry firearms while performing their duties.

40-16-5. (a) Subject to approval by the board, the commissioner shall have the power to make and publish reasonable rules and regulations not inconsistent with this title or other laws or with the Constitution of this state or of the United States for the administration of this chapter or any law which it is his or her duty to administer. (b) The commissioner may prescribe forms as he or she deems necessary for the administration and enforcement of this chapter or any law which it is his or her duty to administer.

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(c) The authority granted to the commissioner pursuant to this Code section shall be exercised at all times in conformity with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that regulations governing commercial driver licensing may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter 13 of Title 50; provided, further, that such compatible federal regulations or standards shall be maintained on file by the department and made available for inspection and copying by the public, by means including but limited to posting on the department's computer Internet site. (d) Rules and regulations previously adopted which relate to functions performed by the Department ofDriver Services shall remain of full force and effect as rules and regulations ofthe Department of Driver Services until amended, repealed, or superseded by rules or regulations adopted by the commissioner of driver services. The following rules and regulations shall remain offull force and effect as rules and regulations of the referenced department until amended, repealed, or superseded by rules or regulations adopted by the referenced department:
( 1) All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Transportation from the Department ofMotor Vehicle Safety; (2) All rules and regulations previously adopted which relate to functions transferred under this chapter to the Public Service Commission from the Department of Motor Vehicle Safety; (3) All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Public Safety from the Department of Motor Vehicle Safety; (4) All rules and regulations previously adopted which relate to functions transferred under this chapter to the Department of Revenue from the Department of Motor Vehicle Safety; and (5) All rules and regulations previously adopted which relate to functions transferred under this chapter from the Department of Human Resources to the Department ofDriver Services. (e) All valid licenses, permits, certificates, and similar authorizations previously issued by any department or agency with respect to any function transferred as provided in this chapter shall continue in effect until the same expire by their terms unless they are suspended, revoked, or otherwise made ineffective as provided by law.

40-16-5.1. (a) Except as otherwise provided in this Code section, no department motor vehicles shall be used by any investigators employed by the department except in the discharge of official duties. Any other equipment shall be used only with the express written approval ofthe commissioner. (b) The commissioner may adopt rules and regulations governing the use of equipment. The commissioner may adopt rules and regulations pursuant to which

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investigators employed by the department may use a department motor vehicle while working an approved off-duty job, provided that any such use shall comply with such conditions as may be imposed by the commissioner, which conditions shall include but shall not be limited to a finding of public benefit and reimbursement to the department by the employer or employee for use of the vehicle. (c) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind.

40-16-6. (a) To the extent specifically authorized by law, the commissioner may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations administered by the commissioner. Except as may be hereafter authorized by law, the maximum amount of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July 1, 2005. (b) All proceedings for the imposition of civil monetary penalties by the commissioner and other contested cases to be decided by or under authority of the commissioner shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' All such administrative proceedings which are pending on July 1, 2005, under laws the administration of which is transferred from the commissioner of motor vehicle safety to another enforcement agency shall be transferred to the jurisdiction of such other enforcement agency as of July 1, 2005. (c) The amendment of this chapter and the Act by which it is amended shall not affect or abate the status as a crime of any act or omission which occurred prior to July 1, 2005, nor shall the prosecution of such crime be abated as a result of such amendment.

40-16-7. (a) The department shall be a budget unit to which funds may be appropriated as provided in the 'Budget Act,' Part 1 of Article 4 of Chapter 12 of Title 45. The department shall be an independent and distinct department of state government. The duties of the department shall be performed by that department and not by any other agency of state government, and the department shall not perform the duties of any other agency of state government. The position of commissioner of driver services shall be a separate and distinct position from any other position in state government. The duties of the commissioner shall be performed by the commissioner and not by any other officer of state government, and the commissioner shall not perform the duties of any other officer of state government. (b) Appropriations for functions transferred to and from the Department of Motor Vehicle Safety and other departments may be transferred to and from such departments as provided for in Code Section 45-12-90, relating to disposition of appropriations for duties, purposes, and objects which have been transferred.

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Personnel, equipment, and facilities previously employed for such transferred functions shall likewise be transferred to the appropriate departments. Contracts relating to functions transferred to and from the Department of Motor Vehicle Safety and other departments, and any rights of renewal under such contracts, shall also be transferred to the appropriate departments. Any disagreement between such departments as to any such transfers shall be determined by the Governor. (c) Except as specifically provided otherwise by law, all fines and forfeitures collected for criminal violations cited by the department's investigators shall, after deduction from the total fine or fOrfeiture of the amounts due the Peace Officers' Annuity and Benefit Fund and the Sheriffs' Retirement Fund of Georgia and any other deductions specified by law, be paid by the clerk of the court into the fine and forfeiture fund of the county treasurer in the same manner and subject to the same rules of distribution as other fines and forfeitures.'

PART II Amendments to Code Section 3-3-23.1.
Alcoholic beverage offenses. SECTION 2-1.

Code Section 3-3-23.1, relating to punishment for offenses involving furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoho lie beverages by, a person under 21 years of age, is amended by striking subsection (f) and inserting in its place a new subsection to read as follows:
'(f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Driver Services within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Driver Services within ten days after conviction or sentencing.'

PART III Amendments to Article 2 of Chapter 8-2. Factory built buildings and dwelling units.
SECTION 3-1.

Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking Part 4, relating to manufactured or mobile homes, and inserting in its place a new part to read as follows:

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'Part 4 Subpart 1

8-2-180. As used in this part, the term:
(1) 'Clerk of superior court' means the clerk of the superior court of the county in which the property to which the home is or is to be affixed is located. (2) 'Commissioner' means the state revenue commissioner and includes any county tax commissioner when so authorized by the state revenue commissioner to act on his or her behalf in carrying out the responsibilities of this part. (3) 'Home' means a manufactured home or mobile home. (4) 'Manufactured home' has the meaning specified in paragraph (4) of Code Section 8-2-160. (5) 'Mobile home' has the meaning specified in paragraph (6) of Code Section 8-2-160.

8-2-181. (a) A manufactured home or mobile home shall constitute personal property and shall be subject to the 'Motor Vehicle Certificate of Title Act,' Chapter 3 of Title 40, until such time as the home is converted to real property as provided for in this part. (b) A manufactured home or mobile home shall become real property if:
( 1) The home is or is to be permanently affiXed on real property and one or more persons with an ownership interest in the home also has an ownership interest in such real property; and (2) The owner of the home and the holders of all security interests therein execute and file a Certificate ofPermanent Location:
(A) In the real estate records of the county where the real property is located; and (B) With the commissioner. (c) The Certificate of Permanent Location shall be in a form prescribed by the commissioner and shall include: (1) The name and address ofthe owner ofthe home; (2) The names and addresses of the holders of any security interest in and of any lien upon the home; (3) The title number assigned to the home; (4) A description of the real estate on which the home is or is to be located, including the name of the owner and a reference by deed book and page number to the chain of title of such real property; and (5) Any other data the commissioner prescribes.

8-2-182. (a) When a Certificate of Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as odler

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instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes. The clerk shall provide the owner with a certified copy of the certificate, reflecting its filing, and shall charge and collect the fees usually charged for the provision of certified copies of documents relating to real estate. (b) Upon receipt of a certified copy of a properly executed Certificate of Permanent Location, along with the certificate of title, the commissioner shall file and retain a copy of such certificate together with all other prior title records related to the home. When a properly executed certificate has once been filed, the commissioner shall accept no further title filings with respect to that home, except as may be necessary to correct any errors in the department's records and except as provided in Subparts 2 and 3 of this part. (c) When a Certificate of Permanent Location is so filed, the commissioner shall issue to the clerk of the superior court with whom the original Certificate of Permanent Location was filed confirmation by the commissioner that the certificate has been so filed and the certificate oftitle has been surrendered. (d) Upon receipt of confirmation of the filing of the Certificate of Permanent Location from the commissioner, the clerk of superior court shall provide a copy of the Certificate ofPermanent Location to the appropriate board of tax assessors or such other local official as is responsible for the valuation of real property.

8-2-183. (a) When a Certificate of Permanent Location has been properly filed with the clerk of superior court, a certified copy thereof properly filed with the commissioner, and the certificate oftitle is surrendered, the home shall become for all legal purposes a part of the real property on which it is located. Without limiting the generality of the foregoing, the home shall be subject to transfer by the owner of the real property, subject to any security interest in the real property and subject to foreclosure of any such interest, in the same manner as and together with the underlying real property. (b) When a home has become a part of the real property as provided in this part, it shall be unlawful for any person to remove such home from the real property except with the written consent of the owner of the real property and the holders of all security interests in the real property and in strict compliance with the requirements of Subpart 2 of this part. Any person who violates this subsection shall be guilty of a misdemeanor of a high and aggravated nature.

Subpart 2

8-2-184. (a) A home which has previously become real property shall become personal property if:

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( 1) The manufactured home or mobile home is or is to be removed from the real property with the written consent of the owner of the real property and the holders of all security interests therein; and (2) The owner of the real property and the holders of all security interests therein execute and file a Certificate of Removal from Permanent Location:
(A) With the commissioner; and (B) In the real estate records of the county where the real property is located. (b) The Certificate of Removal from Permanent Location shall be in a form prescribed by the commissioner and shall include: (I) The name and address ofthe owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate ofpermanent location; and (5) Any other data the commissioner prescribes.

8-2-185. (a) Upon receipt of a properly executed Certificate of Removal from Permanent Location, the commissioner shall file and retain a copy of such certificate together with all other prior title records related to the home and may thereafter issue a new certificate oftitle for the home. The commissioner shall charge and collect the fee otherwise prescribed by law for the issuance of a certificate oftitle. (b) When a Certificate of Removal from Permanent Location is so filed, the commissioner shall return to the filing party the original of the certificate containing thereon confirmation by the commissioner that the certificate has been so filed.

8-2-186. (a) The clerk of superior court shall not accept a Certificate of Removal from Permanent Location for filing unless the certificate contains thereon the confirmation by the commissioner that the certificate has been filed with the commissioner. (b) When a Certificate of Removal from Permanent Location is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

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Subpart 3

8-2-187. (a) When a home which has previously become real property has been or is to be destroyed, the owner of the real property and the holders of all security interests therein shall execute and file a Certificate ofDestruction:
(1) With the commissioner; and (2) In the real estate records of the county where the real property is located. (b) The Certificate of Destruction shall be in a form prescribed by the commissioner and shall include: (1) The name and address of the owner; (2) The names and addresses of the holders of any security interest and of any lien; (3) The title number formerly assigned to the home; (4) A description of the real estate on which the home was previously located, including the name of the owner and a reference by deed book and page number to the recording of the former certificate ofpermanent location; (5) Verification ofthe destruction by a law enforcement officer; and (6) Any other data the commissioner prescribes.

8-2-188. (a) Upon receipt of a properly executed Certificate of Destruction, the commissioner shall file and retain a copy of such certificate together with all other prior title records related to the home. (b) When a Certificate of Destruction is so filed, the commissioner shall issue to the filing party the original of the certificate containing thereon confirmation by the commissioner that the certificate has been so filed.

8-2-189. (a) The clerk of superior court shall not accept a Certificate of Destruction for filing unless the certificate contains thereon the conf"rrmation by the commissioner that the certificate has been filed with the commissioner. (b) When a Certificate of Destruction is properly filed with the clerk of superior court, the clerk shall record such certificate in the same manner as other instruments affecting the real property described in the certificate and shall charge and collect the fees usually charged for recording deeds and other instruments relating to real estate. Such certificate shall be indexed under the name of the current owner of the real property in both the grantor and grantee indexes.

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Subpart 4

8-2-190. A manufactured or mobile home which constitutes real property shall not be subject to Article 10 of Chapter 5 of Title 48 but shall instead be taxed as real property and a part ofthe underlying real estate.

8-2-191. The commissioner shall charge a fee of$18.00 for any filing under this part.'

PART IV Amendments to Title 10.
Commerce and trade. SECTION 4-1.

Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-350, relating to definitions applicable to secondary metals recyclers, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:
'(5) 'Personal identification card' means a driver's license or identification card issued by theDepartment of Driver Services or a similar card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security.'

SECTION 4-2. Said Title 10 is further amended in Code Section 10-1-3 93, relating to prohibited unfair or deceptive practices in consumer transactions, by striking paragraph (28) of subsection (b) and inserting in its place a new paragraph to read as follows:
'(28) Any violation of the rules and regulations promulgated by the Department of Driver Services pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Driver Services shall retain primary jurisdiction over such complaints;.

SECTION 4-3. Said Title 10 is further amended in Code Section 10-1-64 5, relating to warranty reimbursement policies under the "Georgia Motor Vehicle Franchise Practices Act," by striking subsection (d) and inserting in its place a new subsection to read as follows:
'(d) If a franchisor contracts with its dealers, the franchisor shall certify under oath to the Department of Revenue that a majority of the dealers of that line make did agree to such an agreement and file a sample copy of the agreement. On an annual basis, each dealer shall certify under oath to the department that the

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reimbursement costs it recovers under subparagraph (c)(2 )(A) of this Code section do not exceed the amounts authorized by subparagraph (c)(2)(A) of this Code section. The franchisor shall maintain for a period ofthree years a file that contains the information upon which its certification is based.

SECTION 4-4. Said Title 10 is further amended by striking Code Sections 10-1-665, 10-1-666, and 10-1-667, relating to respectively to definitions, enforcement, and administrative review under the "Georgia Motor Vehicle Franchise Practices Act," and inserting in their place new Code sections to read as follows:
'1 0-1-665. As used in this part, the term:
(1) 'Commissioner' means the state revenue commissioner. (2) 'Department' means the Department of Revenue.

10-1-666. As an alternative to and in addition to any civil or criminal enforcement of this article, the state revenue commissioner by and through the Department of Revenue is authorized to enforce the provisions of this article and any order issued pursuant to the enforcement ofthis article.

10-1-667 0 Any dealer, distributor, or manufacturer who is aggrieved by a violation of any provision of this article may file a petition with the Department of Revenue setting forth the facts supporting the allegation of such violation. The commissioner shall issue an administrative order, whenever the commissioner, after notice to all parties and after a hearing, determines that a violation of this article or any order issued under this article has occurred. The notice and the hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any party who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The commissioner or the prevailing party may file, in the superior court in the county wherein the party under order resides or, if such party is a corporation, in the county wherein the corporation maintains its established place of business or its agent for service of process is located, or in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The remedy prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or

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alternative rights, remedies, forfeitures, or penalties provided, allowed, or available under the laws ofthis state:

PARTY Amendments to Title 15.
Courts. SECTION 5-l.

Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-11-66, relating to disposition of delinquent children in juvenile court proceedings, by striking subsection (b) and inserting in its place a new subsection to read as follows:
'(b) At the conclusion of the dispositional hearing provided in subsection (a) of Code Section 15-11-65, if the child is found to have committed a delinquent act, the court may, in addition to any other treatment or rehabilitation, suspend the driver's license of such child for any period not to exceed the date on which the child becomes 18 years of age or, in the case of a child who does not have a driver's license, prohibit the issuance of a driver's license to such child for any period not to exceed the date on which the child becomes 18 years of age. The court shall retain the driver's license for a period of suspension and return it to the offender at the end of such period. The court shall notify the Department of Driver Services of any such actions taken pursuant to this subsection. If the child is adjudicated for the commission of a delinquent act, the court may in its discretion, in addition to any other treatment or rehabilitation, order the child to serve up to a maximum of 90 days in a youth development center, or after assessment and with the court's approval, in a treatment program provided by the Department of Juvenile Justice or the juvenile court:

SECTION 5-2. Said Title 15 is further amended in Code Section 15-11-73, relating to juvenile traffic offenses, by striking subsections (g) and U) and inserting in their respective places new subsections to read as follows:
'(g) Disposition. If the court finds on the admission of the child or upon the evidence that the child committed the offense charged, it may make one or more ofthe following orders:
( 1) Reprimand, counsel, or warn the child and the child's parents; provided, however, that this dispositional order is not available for any offense listed in subsection (c) of this Code section; (2) As a matter of probation or if the child is committed to the custody of the state, order the Department of Driver Services to suspend the child's privilege to drive under stated conditions and limitations for a period not to exceed 12 months; (3) Require the child to attend a traffic school approved by the Department of Driver Services or a substance abuse clinic or program approved by either the

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Department of Human Resources or the Council of Juvenile Court Judges for a reasonable period oftime; (4) Order the child to remit to the general fund of the county a sum not exceeding the maximum applicable to an adult for a like offense; (5) Require the child to participate in a program of community service as specified by the court; (6) Impose any sanction authorized by Code Section 15-11-66, 15-11-67, or 15-11-68; or (7) Place the child on probation subject to the conditions and limitations imposed by Title 40 on probation granted to adults for like offenses, but such probation shall be supervised by the court as provided in Code Section 15-11-66.' '(j) Reporting procedure. Upon fmding that the child has committed a juvenile traffic offense or a delinquent offense which would be a violation of Title 40 if committed by an adult, the court shall forward, within ten days, a report of the fmal adjudication and disposition of the charge to the Department of Driver Services; provided, however, that this procedure shall not be applicable to those cases which have been dismissed or in which the child and the child's parents have been reprimanded, counseled, or warned by the court pursuant to paragraph ( 1) of subsection (g) of this Code section. The Department of Driver Services shall record the adjudication and disposition of the offense on the child's permanent record and such adjudication and disposition shall be deemed a conviction for the purpose of suspending or revoking the individual's driver's license. Such record shall also be available to law enforcement agencies and courts as are the permanent traffic records of adults.'

SECTION 5-3. Said Title 15 is further amended Code Section 15-12-40, relating to compilation, maintenance, and revision of jury lists, by striking paragraph (1) of subsection (a) and inserting in its place a new paragraph to read as follows:
'( 1) At least biennially, unless otherwise directed by the chief judge of the superior court, the board of jury commissioners shall compile, maintain, and revise a trial jury list of upright and intelligent citizens of the county to serve as trial jurors and a grand jury list of the most experienced, intelligent, and upright citizens of the county to serve as grand jurors. In coPiposing the trial jury list, the board of jury commissioners shall select a fairly representative cross section of the intelligent and upright citizens of the county. In composing the grand jury list, the board of jury commissioners shall select a fairly representative cross section of the most experienced, intelligent, and upright citizens of the county. In carrying out revisions of the trial jury list and grand jury list on or after July 1, 2002, the board of jury commissioners shall make use of all of the following:
(A) A list of all residents of the county who are the holders of drivers' licenses or personal identification cards issued by the Department ofDriver Services pursuant to the provisions of Chapter 5 of Title 40; and the

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Department of Driver Services shall periodically make such a list available to the board ofjury commissioners of each county; (B) The registered voters list in the county; and (C) Any other list of persons resident in the county as may be deemed appropriate by the board ofjury commissioners. The Department of Driver Services shall provide a list, which includes the name, address, date ofbirth, gender, driver's license or personal identification card number issued pursuant to the provisions of Chapter 5 of Title 40, and, whenever racial and ethnic information is collected by the Department of Driver Services for purposes of voter registration pursuant to Code Section 21-2-221, racial and ethnic infOrmation, to the board of jury commissioners of each county. No jury list compiled prior to July I, 2002, shall be rendered invalid by the use of or a failure to make use of the sources specified in this Code section; but each revision of the jury list on or after that date shall make use of all such sources to the extent actually available to the board of jury commissioners.'

PART VI Amendments to Article 4 of Chapter 16-8.
Motor vehicle chop shops. SECTION 6-1.

Article 4 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to motor vehicle chop shops, is amended in Code Section 16-8-82, relating to definitions applicable to said article, by striking paragraph (5) and inserting in its place a new paragraph to read as follows:
'(5) 'Vehicle identification number' includes, but is not limited to, a number or numbers, a letter or letters, a character or characters, a datum or data, a derivative or derivatives, or a combination or combinations thereof, used by the manufacturer or the Department of Revenue for the purpose of uniquely identifying a motor vehicle or motor vehicle part.'

SECTION 6-2. Said Article 4 of Chapter 8 of Title 16 is further amended in Code Section 16-8-85, relating to forfeiture of seized property, by striking paragraph (2) of subsection (t) and subsections (k), (1), and (r) and inserting in their respective places a new paragraph and subsections to read as follows:
'(2) The prosecutor shall give notice of the forfeiture proceeding by mailing a copy of the complaint in the forfeiture proceeding to each person whose right, title, or interest is of record in the Department of Revenue, the Department of Transportation, the Federal Aviation Agency, or any other department or agency of this state, any other state or territory of the United States, or ofthe federal government if such property is required to be registered with any such department or agency.'

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'(k) No motor vehicle or motor vehicle part shall be forfeited under this Code section solely on the basis that it is unidentifiable. Instead of forfeiture, any seized motor vehicle or motor vehicle part which is unidentifiable shall be the subject of a written report sent by the seizing agency to the Department of Revenue, which report shall include a description of the motor vehicle or motor vehicle part, including its color, if any; the date, time, and place of its seizure; the name of the person from whose possession or control it was seized; the grounds for its seizure; and the location where the same is held or stored. (l) When a seized unidentifiable motor vehicle or motor vehicle part has been held for 60 days or more after the notice to the Department of Revenue specified in subsection (k) of this Code section has been given, the seizing agency, or its , agent, shall cause the motor vehicle or motor vehicle part to be sold at a public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place fur at least 30 days prior to the sale on the premises where the motor vehicle or motor vehicle part has been stored. '(r) When an applicant for a certificate of title or salvage certificate of title presents to the Department of Revenue proof that the applicant purchased or acquired a motor vehicle at public sale conducted pursuant to this Code section and such fact is attested to by the seizing agency, the Department of Revenue shall issue a certificate of title or a salvage certificate of title, as determined by the state revenue commissioner, for such motor vehicle upon receipt of the statutory fee, a properly executed application for a certificate of title or other certificate of ownership, and the affidavit of the seizing agency that a state assigned number was applied for and affixed to the motor vehicle prior to the time that the motor vehicle was released by the seizing agency to the purchaser.'

PART VII Amendments to Title 17.
Criminal procedure. SECTION 7-1.

Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-5-50, relating to handling and disposition of seized property, by striking paragraph (2) of subsection (b) and inserting in its place a new paragraph to read as fullows:
'(2) If the person from whom custody ofthe property was taken fuils to assert a claim to such property, upon any applicant furnishing satisfuctory proof of ownership of such property and presentation ofproper personal identification, the person in charge of the property section may deliver such property to the applicant. The person to whom property is delivered shall sign, under penalty of false swearing, a declaration of ownership, which shall be retained by the person in charge of the property section. Such declaration, absent any other proof of ownership, shall be deemed satisfuctory proof of ownership for the purposes of this Code section; provided, however, that, in the case of motor vehicles, trailers, tractors, or motorcycles which are required to be registered

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with the state revenue commissioner, any such stolen vehicle shall be returned to the person evidencing ownership of such vehicle through a certificate of title, tag receipt, bill of sale, or other such evidence. The stolen vehicle shall be returned to the person evidencing ownership within two days after such person makes application for the return of such vehicle unless a hearing on the ownership of such vehicle is required under this Code section or unless law enforcement needs the stolen vehicle for further criminal investigation purposes. Prior to such delivery, such person in charge of the property section shall make and retain a complete photographic record of such property. Such delivery shall be without prejudice to the state or to the person from whom custody of the property was taken or to any other person who may have a claim against the property.

SECTION 7-2. Said Title 17 is further amended in Code Section 17-6-2, relating to bail in misdemeanor cases, by striking paragraphs (3) and (4) of subsection (a) and inserting in their place new paragraphs to read as follows:
'(3) A failure to appear by the individual who has been charged with a misdemeanor offense and who posted that individual's license as bail pursuant to this subsection shall, by operation of law, cause that individual's license to be suspended by the Department ofDriver Services effective immediately, and the clerk of the court within five days after that failure to appear shall forward a copy of the agreement to the Department of Driver Services which shall enter the suspension upon the individual's driver history record. The posting of a license as provided in this subsection shall also be considered as bail for the purposes of Code Section 16-10-51. Where the original court date has been continued by the judge, clerk, or other officer of the court and there has been actual notice given to the defendant in open court or in writing by a court official or officer of the court or by mailing such notice to the defendant's last known address, then the provisions of this paragraph shall apply to the new court appearance date. (4) A license suspended pursuant to this subsection shall only be reinstated when the individual shall pay to the Department of Driver Services a restoration fee of $25 .00 together with a certified notice from the clerk of the originating court that the case has either been disposed of or has been rescheduled and a deposit of sufficient collateral approved by the sheriff of the county wherein the charges were made in an amount to satisfy the original bail amount has been paid. The court wherein the charges are pending shall be authorized to require payment of costs by the defendant in an amount not to exceed $100.00 to reschedule the case."

SECTION 7-3. Said Title I 7 is further amended by striking Code Section 17-6-11, relating to display of driver's license in lieu of bail, and inserting in its place a new Code section to read as follows:

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'17-6-11. (a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 40-5-72 or 40-6-1 0, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of driver services, any offense covered under Code Section 40-5-5 4, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as
provided in Article 2 of Chapter 9 of Title 48 upon being served with the official
summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her driver's license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the driver's license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose ofthe matter. (b) Upon display of the driver's license, the apprehending officer shall release the person so charged fur his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Driver Services of this state the driver's license number if the person fails to appear and answer to the charge against him or her. The commissioner of driver services shall, upon receipt of a license number forwarded by the court, suspend the driver's license and driving p'rivilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Driver Services a restoration fee of $50.00 or $25.00 when such reinstatement is processed by mail. (b.l) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a futal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next ofkin. (c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the driver's license of any individual possessing a fraudulent

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license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license. (d) The commissioner of driver services shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section.'

SECTION 7-4. Said Title 17 is further amended in Code Section 17-10-3, relating to punishment for misdemeanors, by striking subsections (d) and (e) and inserting in their place new subsections to read as follows:
'(d) In addition to or instead of any other penalty provided for the punishment of a misdemeanor involving a traffic offense, or punishment of a municipal ordinance involving a traffic offense, with the exception of habitual offenders sentenced under Code Section 17-10-7, a judge may impose any one or more of the following sentences:
(1) Reexamination by the Department ofDriver Services when the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed; (2) Attendance at, and satisfactory completion of, a driver improvement course meeting standards approved by the court; (3) Within the limits of the authority of the charter powers of a municipality or the punishment prescribed by law in other courts, imprisonment at times specified by the court or release from imprisonment upon such conditions and at such times as may be specified; or (4) Probation or suspension of all or any part of a penalty upon such terms and conditions as may be prescribed by the judge. The conditions may include driving with no further motor vehicle violations during a specified time unless the driving privileges have been or will be otherwise suspended or revoked by law; reporting periodically to the court or a specified agency; and performing, or refraining from performing, such acts as may be ordered by the judge. (e) Any sentence imposed under subsection (d) of this Code section shall be reported to the Department of Driver Services as prescribed by law.'
PART VIII Amendments to Chapter 19-11.
Child support enforcement. SECTION 8-1.
Chapter 11 ofTitle 19, relating enforcement of duty of support, is amended in Code Section 19-ll-9 .l, relating to information used for support enforcement purposes, by striking subsection (a.l) and inserting in its place a new subsection to read as follows:

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'(a.l)(l) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(13)(A) and notwithstanding any provision of Title 40 relating to motor vehicles as now existing or hereafter amended, the Department of Driver Services shall require an applicant for a driver's license, a commercial driver's license, a learner's permit, or an identification card to provide to the Department of Driver Services the applicant's social security number or certification from the Social Security Administration that the applicant is not eligible for issuance of a social security number because he or she is an alien not authorized to work in the United States as part of the application. Notwithstanding the foregoing, nothing in this Code section shall be construed so as to authorize the issuance of any driver's license, permit, or identification card to any person who is not a resident as defined in Code Section 40-5-1. If the legal authorization of such person is terminated or expired, any Georgia driver's license issued to such person shall be revoked. The Department of Driver Services shall provide to the Department of Human Resources, in addition to other information required to be provided to the Department of Human Resources, such social security numbers of individuals who have been issued a driver's license, a commercial driver's license, a learner's permit, or an identification card. The Department of Human Resources shall use the information provided by the Department of Driver Services pursuant to this Code section for the purpose of complying with the requirements of law concerning the enforcement of child support. (2) In accordance with the mandate contained in 42 U.S.C. Section 666(a)(l3)(A) and notwithstanding any provision of Chapter 2 of Title 27 relating to licenses and permits as now existing or hereafter amended, the Department of Natural Resources shall require an applicant for a license or permit pursuant to Chapter 2 of Title 2 7 to provide to the Department of Natural Resources the applicant's social security number as a part of the license or permit application. The Department of Natural Resources shall provide to the Department of Human Resources, along with other information required to be provided to the Department of Human Resources, the social security numbers of individuals who have been issued a license or permit pursuant to Chapter 2 of Title 27. The Department of Human Resources shall use the information provided by the Department ofNatural Resources pursuant to this Code section for the purpose of complying with the requirements oflaw concerning the enforcement of child support. (3) The information collected by the Department of Driver Services and the Department ofNatural Resources and transmitted to the Department of Human Resources pursuant to paragraphs (1) and (2) of this subsection shall be deemed confidential and not subject to public disclosure but may be shared with other state agencies as needed to comply with federal law.'

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SECTION 8-2. Said Chapter 11 of Title 19 is further amended in Code Section 19-11-18, relating to collection procedures, notice, and judicial review by striking subparagraph (b)(3)(C) and inserting in its place anew subparagraph to read as follows:
'(C) With respect to motor vehicles for which a certificate oftitle is required pursuant to Chapter 3 of Title 40, the IV-D agency may file notice of a child support lien with the social security number of the obligor noted thereon with the Department of Revenue. A child support lien shall become perfected as ofthe date a certificate oftitle showing the child support lien is issued by the department and the permanent records of the department are changed to reflect such lien. A filed or recorded but unperfected child support lien shall be valid against the obligor. A filed or recorded but unperfected child support lien shall not constitute actual or constructive notice to and shall not be valid against owners of the motor vehicle who are not the obligor and shall not constitute actual or constructive notice to and shall not be valid against individuals or entities which become transferees of the motor vehicle prior to perfection, creditors of the obligor, or holders of security interests or liens in the motor vehicle which have been perfected in accordance with Chapter 3 ofTitle 40 prior to perfection of the child support lien. A child support lien perfected as provided in this subparagraph shall be subordinate to any security interest or lien which has been perfected prior to the perfection of the child support lien and shall be subordinate to mechanics liens regardless of when perfected.'

PART IX Amendments to Title 20.
Education. SECTION 9-1.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Code Section 20-2-142, relating to prescribed courses of education in public elementary and secondary schools, by striking subsection (b) and inserting in its place a new subsection to read as follows:
'(b)(1) The State Board of Education and the Board of Driver Services shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Driver Services shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of driver services shall make available officers, employees, officials, agents, contractors, or other appropriate representatives as determined by the commissioner of driver services to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once

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annually in the pub lie schools of this state to students in grades nine and above in the manner prescribed by the state board. (2) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students the alcohol and drug course provided in paragraph (1) of this subsection. (3) The commissioner of driver services shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of driver services shall offer the alcohol and drug course periodically at various locations in the state in the manner provided by the Board of Driver Services.'

SECTION 9-2. (a) Said Title 20 is further amended in Code Section 20-2-701, relating to enforcement of required school attendance, by striking subsection (c) of the Code section, as amended by Section 11 B of Ga. L. 2004, p. 107, and inserting in its place a new subsection to read as follows:
'(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 Driver Services any child 14 years of age or older who does not 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, if known. (b) This section of this Act shall become effective only when subsection (c) of Code Section 20-2-701 becomes effective as provided in subsection (d) of that Code section, as amended by Section liB ofGa. L. 2004, p. 107.

PART X Amendments to Chapter 21-2. The "Georgia Election Code."
SECTION 10-1.

Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the "Georgia Election Code" is amended in Code Section 21-2-220, relating to application for voter registration, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Driver Services as provided in Code Section 21-2-221, by making 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.'

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SECTION 10-2. Said Chapter 2 of Title 21 is further amended by striking Code Section 21-2-221, relating to driver's license or identification card application as application for voter registration, and inserting in its place a new Code section to read as follows:
'21-2-221. (a) Each application to obtain, renew, or change the name or address on a driver's license or identification card issued by the Department ofDriver Services pursuant to Chapter 5 ofTitle 40 made by an applicant who is within six months of such applicant's eighteenth birthday or older shall also serve as an application for voter registration unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application. (b) The commissioner of driver services and the Secretary of State shall agree upon and design such procedures and forms as will be necessary to comply with this Code section. (c) The forms designed by the commissioner of driver services and the Secretary of State:
(1) Shall not require the applicant to duplicate any information required in the driver's license portion of the 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 ofthe applicant under penalty of perjury; 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, ifan 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 change of address submitted to the Department of Driver Services for the purpose of changing the information contained on a driver's license or identification card issued by the Department of Driver Services shall serve as a notification of change of address for voter registration unless the registrant states that at the time of submitting the change of address that the change of address is not fur voter registration purposes. (e) The Department ofDriver Services 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 of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts. (f) The Department of Driver Services shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State.

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(g) No information relating to the failure of an applicant for a driver's license or identification card issued by the Department of Driver Services to sign a voter registration application may be used for any purpose other than voter registration. (h) The Secretary of State and the commissioner of driver services 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.'

PARTXA Amendment to Code Section 24-3-17.
Evidentiary use of records. SECTION lOA-1.

Code Section 24-3-1 7, relating to evidentiary use of certain departmental records, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
'24-3-17. (a) A certified copy of any record of the Department of Public Safety or the Department of Driver Services or comparable agency in any other state is admissible in any judicial proceedings or administrative hearing in the same manner as the original ofthe record. (b) Any court may receive and use as evidence in any case infOrmation otherwise admissible from the records of the Department of Public Safety or the Department of Driver Services obtained from any terminal lawfully connected to the Georgia Crime Information Center without the need for additional certification ofthose records. (c) Any court may receive and use as evidence for the purpose of imposing a sentence in any criminal case information otherwise admissible from the records of the Department ofDriver Services obtained from a request made in accordance with a contract with the Georgia Technology Authority for immediate on-line electronic furnishing of information.'

PART XI Amendment to Code Section 27-2-3.1. Hunting licenses and sportsman's licenses.
SECTION 11-1.

Code Section 27-2-3.1, relating to hunting licenses and sportsman's licenses, is amended by striking subsection (e) and inserting in its place a new subsection to read as fullows:
'(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

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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 minimum 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 Driver Services 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 presumed to be residents upon proof of parent's residency as provided for in this Code section. For purposes of procuring the Type I (Infant) lifetime license, a certified copy ofthe birth certificate ofthe licensee shall be required.'

PART XII Amendments to Chapter 32-6. Regulation of maintenance and use of public roads generally.
SECTION 12-1.

Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to regulation of maintenance and use of public roads generally, is amended in Code Section 32-6-2, relating to regulation of parking, by striking paragraph (1) and inserting in its place a new paragraph to read as follows:
'( 1) The department may regulate and prohibit the parking of any type of vehicle on any public road on the state highway system, including extensions thereof into or through municipalities. Whenever any state or local law enforcement officer fmds a vehicle parked in violation of law or the department's regulations, such officer or employee is authorized to move such vehicle or require the driver or other person in charge of the vehicle to move the same. If the vehicle is unattended, such officer is authorized to remove or provide for the removal of such vehicle to the nearest garage or other place of safety at the owner's expense. State or local law enforcement officers and the department are further authorized, with or without the consent of the owner, to remove or have removed any obstruction, cargo, or personal property which is abandoned, unattended, or damaged as a result of a vehicle accident which

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the department determines to be a threat to public health or safety or to mitigate traffic congestion;

SECTION 12-2. Said Chapter 6 ofTitle 32 is further amended by striking Code Section 32-6-27, relating to enfOrcement of load limitations, and inserting in its place a new Code section to read as follows:
'32-6-27. (a) Any person who violates the load limitation provisions of Code Section 32-6-26 shall be conclusively presumed to have damaged the public roads, including bridges, of this state by reason of such overloading and shall recompense the state for such damage in accordance with the following schedule:
(I) For the first 1,000 pounds of excess weight, 0.8 per pound; plus 1.5 per pound for the next 2,000 pounds of excess weight; plus 3 per pound for the next 2,000 pounds of excess weight; plus 4 per pound for the next 3,000 pounds of excess weight; plus 5 per pound for all excess weight over 8,000 pounds; (2) Where a vehicle is authorized to exceed the weight limitations of Code Section 32-6-26 by a permit issued pursuant to Code Section 32-6-28, the term 'excess weight' means that weight which exceeds the weight allowed by such permit. For such vehicles, damages fur excess weight shall be assessed according to the following schedule: 125 percent times, in each category of excess weights, the rate imposed on offending vehicles operating without a permit.
(a.l)(I )(A) The Department of Public Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (t) ofCode Section 32-6-26 and for which signs have been placed and maintained as required under paragraph (2) of subsection (c) of Code S~ction 32-6-50. (B) The Department of Public Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a county road which is a designated local truck route under subsection (t) of Code Section 32-6-26 but for which signs have not been placed or maintained as required under paragraph (2) of subsection (c) of Code Section 32-6-50 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (2)(A) The Department of Public Safety is authorized to issue a citation to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge for which signs have been placed and maintained as required under paragraph (3) of Code Section 32-4-41 or subsection (a. I) of Code Section 32-4-91. (B) The Department of Public Safety is authorized to issue a warning to the owner or operator of any vehicle in violation of a maximum weight limit on a bridge but for which signs have not been placed or maintained as required

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under paragraph (3) of Code Section 32-4-41 or subsection (a.l) of Code Section 32-4-91 upon the first such violation and to issue a citation to such owner or operator for a subsequent such violation. (b) The schedules listed in paragraphs (1) and (2) of subsection (a) of this Code section shall apply separately to ( 1) the excess weight of the gross load and (2) the sum of the excess weight or weights of any axle or axles, provided that where both gross load and axle weight limits are exceeded, the owner or operator shall be required to recompense the state only for the largest of the money damages imposed under items (1) and (2) of this subsection. (c)(l) Within 30 days after the issuance ofthe citation, the owner or operator of any offending vehicle shall pay the amount of the assessment to the Department of Public Safety or request an administrative determination ofthe amount and validity of the assessment. (2) The right to an administrative determination ofthe amount and validity of the assessment shall be granted only to the owner or operator of an offending vehicle. (3) The party requesting an administrative determination of the amount and validity of the assessment shall deposit the amount of the assessment with the Department of Public Safety, within the time permitted to request such determination, before the determination will be granted. In the event the assessment is determined to be erroneous, the Department of Public Safety shall make prompt refund of any overpayment after receipt of a fmal decision making such determination. (4) If an administrative hearing is requested, it shall be held in accordance with Chapter 13 ofTitle 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations ofthe Department of Public Safety. The scope of any such hearing shall be limited to a determination of: (A) The weight of the offending vehicle; (B) The maximum weight allowed by law on the roadway upon which the offending vehicle was operated; and (C) Whether the operator had in his or her actual possession a valid oversize or overweight permit issued by the Department of Transportation allowing the vehicle to operate in excess of the maximum weight otherwise allowed by law on the roadway upon which the offending vehicle was operated. (5) Any person who has exhausted all administrative remedies available within the Department of Public Safety and who is aggrieved by a final order of the Department of Public Safety is entitled to judicial review in accordance with Chapter 13 ofTitle 50. (6) If a party requests an administrative determination of the amount and validity of the assessment and fails to appear without first obtaining permission from the administrative law judge or does not withdraw the request in writing no less than five days in advance of a scheduled hearing, the party shall be deemed in defuult and the citation shall be affirmed by operation of law. The party shall be deemed to owe the sum of$75.00 in addition to the amount due on the citation, which sum shall represent hearing costs.

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(d) All moneys collected in accordance with this Code section shall be disposed of as follows:
(1) All moneys collected for violations of the weight limitations imposed by this article shall be remitted to the general fund of the state treasury; (2) All moneys collected for violations of the height, width, or length limitations imposed by this article, after the appropriate statutory deductions, shall be retained by the governing authority of the county wherein the violation occurred for deposit in the general treasury of said county; (3) Hearing costs imposed pursuant to paragraph (6) of subsection (c) of this Code section shall be retained by the Department of Pub lie Safety; (4) Reissuance fees imposed pursuant to paragraph (4) of subsection (g) of this Code section shall be retained by the Department of Revenue; and (5) Restoration fees imposed pursuant to paragraph (1) of subsection (i) of this Code section shall be retained by the Department of Revenue. (e) Any owner or operator of a vehicle which is operated on the public roads of this state in violation of the weight limitations provided in this article shall be required, in addition to paying the moneys provided in subsection (a) ofthis Code section, to unload all gross weight in excess of 6,000 pounds over the legal weight limit before being allowed to move the vehicle. (t) Any person authorized by law to enforce this article may seize the offending vehicle of an owner who fuils or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Ifthe offending vehicle is not registered in this state, any person authorized by law to enforce this article may seize any vehicle owned or operated by an owner who fails or whose operator fails to pay the moneys prescribed in subsection (a) of this Code section and hold such vehicle until the prescribed moneys are paid. Any person seizing a vehicle under this subsection or subsection (e) of this Code section may, when necessary, store the vehicle; and the owner thereof shall be responsible for all reasonable storage charges thereon. When any vehicle is seized, held, unloaded, or partially unloaded under these subsections, the load or any part thereof shall be removed or cared for by the owner or operator ofthe vehicle without any liability on the part ofthe authorized person or of the state or any political subdivision because of damage to or loss of such load or any part thereof. (g)( 1) Whenever any person, firm, or corporation violates this article and becomes indebted to the Department of Public Safety because of such violations and fuils within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Public Safety for administrative review, as provided for in subsection (c) of this Code section, such assessment shall become a lien upon the overweight motor vehicle so found to be in violation, which lien shall be superior to all liens except liens for taxes or perfected security interests established before the debt to the Department of Public Safety was created. (2) Whenever any person, firm, or corporation requests an administrative review, it shall be held in accordance with Chapter 13 of Title 50, the 'Georgia

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Administrative Procedure Act.' In the event that the administrative law judge fmds in fuvor of the Department of Public Safety, the person, firm, or corporation shall pay the assessment within 30 days after that decision becomes final or, if judicial review is had in accordance with Chapter 13 of Title 50, then within 30 days after fmal judicial review is terminated. If the person, firm, or corporation fails to pay the assessment within 30 days, such assessment shall become a lien as provided for under paragraph ( 1) of this subsection. (3) The Department of Public Safety shall perfect the lien created under this subsection by sending notice thereof on a notice designated by the commissioner of public safety, by first-class mail or by statutory overnight delivery, to the owner and all holders of liens and security interests shown on the records of the Department of Revenue maintained pursuant to Chapter 3 of Title 40. Upon receipt of notice from the Department of Public Safety, the holder of the certificate of title shall surrender same to the state revenue commissioner for issuance of a replacement certificate of title bearing the lien of the department unless the assessment is paid within 30 days ofthe receipt of notice. The Department of Revenue may append the lien to its records, notwithstanding the failure of the holder of the certificate of title to surrender said certificate as required by this paragraph. (4) Upon issuance of a title bearing the lien of the Department of Public Safety, or the appending of the lien to the records of the Department of Revenue, the owner of the vehicle or the holder.of any security interest or lien shown in the records of the Department of Revenue may satisfy such lien by payment of the amount of the assessment, including hearing costs, if any, and payment of a reissuance fee of $100.00. Upon receipt of such amount, the Department of Public Safety shall release its lien and the Department of Revenue shall issue a new title without the lien. (h)(l) The Department of Public Safety, in seeking to foreclose its lien on the motor vehicle arising out of an overweight motor vehicle citation assessed under this article, may seek an immediate writ of possession from the court before whom the petition is filed, if the petition contains a statement of facts, under oath, by the Department of Public Safety, its agents, its officers, or attorney setting forth the basis of the petitioner's claim and sufficient grounds for issuance of an immediate writ ofpossession. (2) The Department of Public Safety shall allege under oath specific facts sufficient to show that it is within the power of the defendant to conceal, encumber, convert, convey, or remove from the jurisdiction of the court the property which is the subject matter of the petition. (3) The court before whom the petition is pending shall issue a writ for immediate possession, upon finding that the petitioner has complied with paragraphs (1) and (2) of this subsection. If the petitioner is found not to have made sufficient showing to obtain an immediate writ of possession, the court may, nevertheless, treat the petition as one being filed under Code Section 44-14-231 and proceed accordingly.

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(4) When an immediate writ of possession has been granted, the Department of Public Safety shall proceed against the defendant in the same manner as provided fur in Code Sections 44-14-265 through 44-14-269. (i)(l) Whenever any person, firm, or corporation violates this article and fails within 30 days of the date of issuance of the overweight assessment citation either to pay the assessment or appeal to the Department of Public Safety for an administrative review as provided for under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the Department ofRevenue may act to suspend the motor vehicle registration of the vehicle involved. However, if the person, firm, or corporation requests an administrative review, the Department of Revenue shall act to suspend the registration only after the issuance of a final decision fuvorable to the Department of Public Safety and the requisite failure of the person, firm, or corporation to pay the assessment. Upon such fuilure to pay the assessment, the Department ofRevenue shall send a letter to the owner of such motor vehicle notifying the owner of the suspension of the motor vehicle registration issued to the motor vehicle involved in the overweight assessment citation. Upon complying with this subsection by paying the overdue assessment and upon submitting proof of compliance and paying a $1 0.00 restoration fee to the Department ofRevenue, the state revenue commissioner shall reinstate any motor vehicle registration suspended under this subsection. In cases where the motor vehicle registration has been suspended under this subsection for a second or subsequent time during any two-year period, the Department of Revenue shall suspend the motor vehicle registration for a period of60 days and thereafter until the owner submits proof of compliance with this subsection and pays the $15 0.00 restoration fee to the Department ofRevenue. (2) Unless otherwise provided for in this Code section, notice of the effective date of the suspension of a motor vehicle registration occurs when the owner has actual knowledge or legal notice thereof, whichever first occurs. For the purposes of making any determination relating to the restoration of a suspended motor vehicle registration, no period of suspension shall be deemed to have begun until ten days after the mailing of the notice required in paragraph (l) of this subsection. (3) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person at the name and address shown in records of the Department of Revenue maintained under Chapter 3 of Title 40 shall, with respect to the holders of liens and security interests, be presumptive evidence that such person received the required notice. (4) For the purposes of this subsection, except where otherwise provided, the mailing of a notice to a person or firm at the name and address shown on the overweight assessment citation shall, with respect to owners and operators of vehicles involved in an overweight assessment, be presumptive evidence that such person received the required notice.

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(5) The state revenue commtsswner may suspend the motor vehicle registration of any offending vehicle fur which payment of an overweight assessment is made by a check that is returned for any reason. (6) For the purposes of this subsection, where any provisions require the Department of Public Safety or the Department of Revenue to give notice to a person, which notice affects such person's motor vehicle license plate, the mailing of such notice and the name and address shown on the notice of overdue assessment citation supplied by the Department of Public Safety, as required by this subsection, shall be presumptive evidence that such person received the required notice.'

SECTION 12-3. Said Chapter 6 of Title 32 is further amended by striking Code Section 32-6-29, relating to regulations and enfOrcement, and inserting in its place a new Code section to read as follows:
'32-6-29. (a) The Department of Transportation shall be responsible for rules and regulations relating to size and weight limits and issuance of permits under this article. (b) The Department of Transportation shall not, however, employ any law enforcement officers or agents except as may be specifically authorized by other laws. Law enforcement responsibility for enforcement of this article shall be in the Department of Public Safety.'

SECTION 12-4. Said Chapter 6 of Title 32 is further amended by striking Code Section 32-6-30, relating to stopping vehicles for purposes of weighing, measuring, or inspecting, and inserting in its place a new Code section to read as follows:
'32-6-30. (a) Any law enforcement officer or employee ofthe Department ofPublic Safety to whom law enforcement authority has been designated who observes a motor vehicle being operated upon a public road of the state and who has reason to believe that: (1) Any provision of this article is being violated; (2) The vehicle is improperly licensed in violation of Code Sections 40-2-150 through 40-2-162; or (3) A fuel tax registration card is not being carried or that a proper distinguishing identification marker is not affixed to the vehicle in violation of Code Sections 48-9-39 and 48-11-14 is authorized to stop such vehicle and weigh, measure, or inspect the same. Violations of such licensing or fuel tax registration and identification requirements shall be reported to the Department of Revenue.
(b)(1) If the operator of the vehicle shall refuse to stop upon proper order as directed by a person authorized by subsection (a) of this Code section to stop, weigh, measure, or inspect the vehicle or its load, the operator shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $200.00. The operator shall have the right to post an appropriate

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bond, which shall not exceed $400.00, when any law enforcement officer or employee of the Department ofPublic Safety authorized to enforce this article apprehends said operator for any violation of this article. (2) In addition, the operator's driver's license or nonresident's driving privilege may be suspended for a period of not more than 90 days by the Department of Driver Services upon satisfactory proof of said refusal to stop or drive the vehicle upon the scales. Each person who shall apply for a Georgia driver's license, or for nonresident driving privileges, or for a renewal of same thereby consents to stop such vehicle for inspection or to drive such vehicle upon scales whenever so ordered by a law enforcement official or authorized employee of the Department of Public Safety.'

PART XIII Amendments to Title 33.
Insurance. SECTION 13-1.

Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended in Code Section 33-9-42, relating to reduction in premiums for motor vehicle liability, first-party medical, and collision coverages for certain named drivers, by striking subsections (b) through (g) and inserting in their place new subsections to read as follows:
'(b) Reductions in premiums shall be available if all named drivers who are 25 years ofage or older:
( 1) Have committed no traffic offenses for the prior three years or since the date oflicensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete one ofthe following types of driving courses:
(A) A course in defensive driving of not less than six hours from a driver improvement clinic or commercial or noncommercial driving school approved by and under the jurisdiction ofthe Department ofDriver Services; (B) An emergency vehicles operations course at the Georgia Public Safety Training Center; (C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Association of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the standards promulgated by the Department of Driver Services pursuant to subsection (f) of this Code section; or (D) A course in defensive driving of not less than six hours offered by an employer to its employees and their immediate fumilies, which course has been approved by the Department ofDriver Services. (c) Reductions in premiums shall be available if all named drivers who are under 25 years ofage:

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( 1) Have committed no traffic offenses for the prior three years or since the date oflicensure, whichever is shorter; (2) Have had no claims based on fault against an insurer for the prior three years; and (3) Complete a preparatory course offered to new drivers of not less than 30 hours of classroom training and not less than six hours of practical training by a driver's training school approved by and under the jurisdiction of the Department of Driver Services or by an accredited secondary school, junior college, or college. (d) Upon completion of one of the driving courses specified in paragraph (3) of subsection (b) or paragraph (3) of subsection (c), as applicable, of this Code section by each named driver, eligibility for reductions in premiums for such policy shall continue for a period ofthree years, provided any named driver under such policy does not commit a traffic offense or have a claim against the policy based on any such driver's fault. (e) The Department of Driver Services shall assure through the supervision of driver improvement clinics, emergency vehicles operations courses, driver improvement programs administered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Driver Services that defensive driving courses shall be available and accessible wherever practicable as determined by the department to licensed drivers throughout the state. (f) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner. (g) The power of supervision granted to the Department of Driver Services over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Driver Services may adopt rules and regulations necessary to carry out the provisions of this subsection. The Department of Driver Services shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state. The Department of Driver Services shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) or paragraph (3) of subsection (c) of this Code section, at any location in this state.'

SECTION 13-2. Said Title 33 is further amended in Code Section 33-34-9, relating to payment of insurance for total loss motor vehicles, by striking subsection (b) and inserting in its place a new subsection to read as follows:

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'(b) For the purpose of implementing this Code section, at the discretion of the state revenue commissioner, an insurer may be granted access via electronic means to individual motor vehicle records. Any such access shall be in accordance with Code Section 40-3-23, and the Department of Revenue shall establish the application and approval process before allowing any such access. The information provided to an insurer pursuant to this Code section shall be limited to the verification of the vehicle owner's name, vehicle infurmation, and any recorded security interests or liens as shown on the records of the Department of Revenue.'

PART XIIIA Amendment to Chapter 35-2. Department ofPublic Safety.
SECTION 13A-1.

Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safuty, is amended in Code Section 35-2-33, relating to additional duties of the Georgia State Patrol, by striking paragraph ( 1) of subsection (a) and inserting in its place a new paragraph to read as follows:
'(1) To enforce the laws of this state relating to the use, ownership, control, licensing, and registration of motor vehicles and Code Sections 32-9-4 and 40-6-54, relating to designation ofrestricted travel lanes;'

SECTION 13A-2. Said Chapter 2 of Title 3 5 is further amended by adding at its end a new Article 5 to read as follows:

'ARTICLE 5

35-2-100. There is created and established a division of the Department of Public Safety to be known as the Motor Carrier Compliance Division, the members of which shall be known and designated as 'law enforcement officers.'

35-2-101. (a) The Motor Carrier Compliance Division of the department shall have jurisdiction throughout this state with such duties and powers as are prescribed bylaw. (b) The primary duties of the Motor Carrier Compliance Division shall be as follows:
( 1) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided fur in Article 2 of Chapter 6 ofTitle 32;

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(2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations thereof to the Department of Revenue; (3) Enforcement of safety standards for motor vehicles and motor vehicle components; (4) Enforcement oflaws relating to hazardous materials carriers; (5) Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (6) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enfurcement officers; (7) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control; (8) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation ofrestricted travel lanes; (9) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part ofthe state highway system; (10) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system; (11) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and (12) Enforcement of any state law when ordered to do so by the commissioner. (c) In performance of the duties specified in subsection (b) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall: (1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with laws, the administration or enforcement of which is the responsibility of the department; (4) Have the power to examine the fucilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining compliance with laws, the administration or enforcement ofwhich is the responsibility of the department; and

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(5) Exercise the powers generally authorized for law enforcement officers in the performance of their duties or otherwise to the extent needed to protect any life or property when the circumstances demand action. (d) The commissioner shall authorize law enforcement officers of the Motor Carrier Compliance Division to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enfurcement agency and district attorney of the jurisdiction where a seizure is made. (e)(l) Certified law enforcement officers employed by the Motor Carrier Compliance Division may use a department motor vehicle while working an approved off-duty job, provided that:
(A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use ofthe vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function ofany kind.'

PART XIV Amendments to Chapter 40-2. Registration and licensing of motor vehicles.
SECTION 14-1.

Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking paragraphs (2) and (3) of Code Section 40-2-1, relating to definitions, and inserting in their place new paragraphs to read as follows:
'(2) 'Commissioner' means the state revenue commissioner. (3) 'Department' means the Department of Revenue.'

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SECTION 14-2. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-8. relating to license plates, temporary plates, and unregistered vehicles, by striking division (b)(2)(B)(ii) and inserting in its place a new division to read as follows:
'(ii) All temporary plates issued by dealers to purchasers of vehicles on or after January 1, 2001, shall be of a standard design prescribed by regulation promulgated by the department in accordance with the requirements of this subparagraph. Temporary plates issued by dealers to purchasers prior to such date may be of any design if such plates meet the requirements ofthis subparagraph.'

SECTION 14-3. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-24, relating to bonding of tag agents, and inserting in its place a new Code section to read as follows:
'40-2-24. Each tag agent shall give bond conditioned as the commissioner may require, and in such amount as the commissioner may deem necessary and proper, not exceeding $250,000.00, to protect the state adequately. Such bond shall be executed by a surety corporation licensed to do business in the State of Georgia, as surety, and the premiums shall be paid by the department. The bond shall run to the Governor and his or her successors in office and shall be approved as to conditions, form, and sufficiency by the commissioner:

SECTION 14-3.1. Said Chapter 2 of Title 40 is further amended by striking subsections (b) and (d) of Code Section 40-2-40, relating to registration of delinquent vehicles, and inserting in their respective places new subsections to read as follows:
'(b) All applications for the registration of a delinquent vehicle shall, before being accepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his or her designated representative, a state law enforcement officer, a tax commissioner, or a tax collector. The officer endorsing the delinquent application shall indicate, with his or her endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant.' '(d) Between the first and fifth days of each calendar month, the tag agent shall remit to the respective fiscal authorities of the counties or cities employing the endorsing officers the full amount of such penalties accredited to such officers during and for the preceding calendar month. All sums accredited to state law enforcement officers shall be paid to the fiscal authorities of the county where the vehicle is registered.'

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SECTION 14-4. Said Chapter 2 of Title 40 is further amended by adding after Code Section 40-2-64 a new Code Section 40-2-64.1 to read as follows:
'40-2-64.1. (a) In accordance with the Taiwan Relations Act as provided for in Code Section 50-1-2, the commissioner shall design a distinctive Foreign Organization license plate. (b) Upon application and compliance with the state motor vehicle laws relating to the registration and licensing of motor vehicles and the payment ofthe regular license fee, official representatives of the Taipei Economic and Cultural Representatives Office in the United States who maintain a presence in Georgia shall be issued Foreign Organization license plates as prescribed in Code Section 40-2-31 in duplicate. Such license plates shall be fastened to both the front and the rear of the vehicle. (c) Official representatives of the Taipei Economic and Cultural Representatives Office in Atlanta accredited by the Georgia Department of Economic Development shall be entitled to Foreign Organization license plates for the representative's privately owned motor vehicle. Such license plates shall not be used by any representative after his or her presence in Georgia has terminated. (d) License plates issued under this Code section shall not be transferred so as to be used by any person other than the person to whom such plates were originally issued but shall be transferred to another vehicle as provided in Code Section 40-2-80. (e) The commissioner is authorized to establish procedures and promulgate rules and regulations for implementing this Code section:

SECTION 14-5. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-70, relating to special license plates for certain disabled veterans, and inserting in its place a new Code section to read as follows:
'40-2-70. Any citizen and resident of the State of Georgia who has been discharged from the armed furces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate shall be transferred to another vehicle acquired by such veteran or jointly by such veteran and his or her spouse as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Article 7 of this chapter, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional

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plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the state revenue commissioner indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section.*

SECTION 14-6. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-82, relating to special license plates for Georgia State Patrol vehicles, and inserting in its place a new Code section to read as follows:
'40-2-82. The commissioner of public safety shall be issued distinctive license plates to be used on motor vehicles assigned to the Department of Public Safety and operated by troopers of the Georgia State Patrol or law enforcement officers of the Motor Carrier Compliance Division. The distinctive plates shall be issued free of charge in accordance with procedures agreed upon by the commissioner of public safety and the state revenue commissioner. License plates issued pursuant to this Code section need not contain a place fur the county name decal and no county name decal need be affixed to a license plate issued pursuant to this Code section.*

SECTION 14-7. Said Chapter 2 of Title 40 is further amended in Code Section 4 0-2-87, relating to defmitions applicable to reciprocal agreements fur registration of commercial vehicles, by striking paragraph (9) and inserting in its place a new paragraph to read as follows:
'(9) 'Commissioner' means the jurisdiction official in charge of registration of vehicles and means, for the State of Georgia, the state revenue commissioner.'

SECTION 14-8. Said Chapter 2 of Title 40 is further amended by striking 40-2-89, relating to ineligibility for registration for vehicles prohibited by federal agencies, and inserting in its place a new Code section to read as follows:
'40-2-89. Any vehicle which is prohibited by any federal agency acting pursuant to federal law, rule, or regulation from being operated in interstate commerce shall not be eligible for registration under this article, and the commissioner shall suspend or revoke such registration for any vehicle so prohibited from operating.'

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SECTION 14-9. Said Chapter 2 of Title 40 is further amended by striking Code Section 40-2-135, relating to revocation of license plates, and inserting in its place a new Code section to read as follows:
'40-2-135. (a) The commissioner shall revoke any regular, prestige, special, or distinctive license plate which the commissioner determines was issued in error and shall revoke the special and distinctive license plate issued to a member ofthe General Assembly at such time as the holder ceases to hold such public office. The commissioner or his or her designated agent may revoke any license plate purchased with a check which was returned for any reason. The commissioner shall notify the holder of such regular, prestige, special, or distinctive license plate or of such other license plate of such revocation. The holder of such revoked license plate shall return the license plate to the commissioner or the commissioner's designated agent and register his or her vehicle as otherwise required by this chapter. (b) The commissioner shall suspend or revoke any permanent registration and license plate issued in accordance with Code Section 40-2-47 when the owner has not complied with the annual requirement of the payment of ad valorem taxes and is delinquent for more than 12 months from the last date of ad valorem tax payment. (c) Any state or county law enforcement officer or any special agent or enforcement officer appointed under Code Section 40-2-134 may, upon the direction or request of the commissioner, go upon public or private property to seize a license plate or renewal decal which has been revoked as provided in subsection (a) of this Code section.'

SECTION 14-10. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-137, relating to the suspension of motor vehicle registration for fuilure to obtain minimum insurance coverage, by striking paragraph ( 1) of subsection (c) and inserting in lieu thereof a new paragraph (1) to read as follows:
'(c)( 1) When proof of minimum motor vehicle insurance coverage is provided within the time period specified in this Code section, but there has been a lapse of coverage for a period of more than ten days, the owner shall remit a $25.00 lapse fee to the department. Failure to remit the lapse fee to the department within 30 days of the date on which the notification was mailed by the department will result in the suspension of the owner's motor vehicle registration by operation of law as if the proof had not been provided in a timely manner as provided in paragraph (2) of this sub section. If any lapse fee provided for in this Code section is paid to the county tax commissioner, the county shall retain $5.00 thereof as a collection fee.'

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SECTION 14-11. Said Chapter 2 of Title 40 is further amended in Code Section 40-2-150, relating to definitions applicable to annual license tees for operation of vehicles, by repealing paragraph (.2) which reads as follows:
'(.2) 'Commissioner' means the commissioner of motor vehicle safety.'

PART XV Amendments to Chapter 40-3. Motor vehicle certificates of title, security interests, and liens.
SECTION 15-1.

Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, security interests, and liens, is amended in Code Section 40-3-2, relating to definitions applicable to said chapter, by striking paragraphs (2) and (2.1) and inserting in their place new paragraphs to read as fullows:
'(2) 'Commissioner' means the state revenue commissioner. (2.1) 'Department' means the Department of Revenue.'

SECTION 15-2. Said Chapter 3 of Title 40 is further amended in Code Section 40-3-40, relating to reports and remittances by county tag agents, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) All county tag agents accepting and handling title applications shall endeavor to submit such applications and related sums of money to which the department is entitled to the commissioner on a daily basis. All reports of title applications handled and related sums of money collected to which the department is entitled must be submitted to the commissioner within seven
calendar days from the close of the busi~bss day during which such applications
were handled and related sums of money collected.'

PART XVI Amendments to Chapter 40-4. Identification of and purchase and resale of motor vehicles and parts.
SECTION 16-1.

Chapter 4 of Title 40 of the Official Code of Georgia Annotated, relating to identification of and purchase and resale of motor vehicles and parts, is amended by striking Code Section 40-4-5, relating to identification of truck chassis, and inserting in its place a new Code section to read as follows:
'40-4-5. Truck chassis with features designed for specialized requirements of a wrecker manufactured after January 1, 1967, but before January 1, 1997, shall, at the time the vehicle is first registered on or after January 1, 1997, pursuant to Code Section 40-2-21, be issued by the Department of Revenue a unique vehicle identification number which shall be affixed to and maintained upon the chassis

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by the owner in a manner consistent with the requirements of subsections (b) and (e) of Code Section 40-4-4."

PART XVII Amendments to Chapter 40-5.
Drivers' licenses. SECTION 17-1.

Chapter 5 of Title 40 ofthe Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Code Section 40-5-1, relating to definitions applicable to said chapter, by striking paragraphs (1 ), (3 ), (5), (7), (9), and (1 0) and inserting in their respective places new paragraphs to read as follows:
'(1) 'Assessment component' means the standard screening instrument or instruments designated by the Department of Driver Services which are used to screen for the extent of an individual's alcohol or drug use and its impact on driving." '(3) 'Cancellation of driver's license' means the annulment or termination by formal action of the department of a person's license because of some error or defect in the license or because the licensee is no longer entitled to such license. The cancellation of a license is without prejudice, and application for a new license may be made at any time after such cancellation: '(5) 'Commissioner' means the commissioner of driver services." '(7) 'Department' means the Department of Driver Services.' '(9) 'DUI Alcohol or Drug Use Risk Reduction Program' means a program certified by the Department of Driver Services which consists of two components: assessment and intervention. In the case of a conviction or plea of nolo contendere to a violation of Code Section 40-6-3 91 or in any other instance in which a person may be referred to a DUI Alcohol or Drug Use Risk Reduction Program, the program administers the assessment component and refers such offender to the intervention component. ( 10) 'Intervention component' means a program which delivers therapeutic education about alcohol and drug use and driving and peer group counseling concerning alcohol and drug use over a period of 20 hours utilizing a methodology and curriculum approved and certified by the Department of Driver Services for the DUI Alcohol or Drug Use Risk Reduction Programs under subsection (e) ofCode Section 40-5-83."

SECTION 17-2. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-2, relating to driver's records, by striking and replacing subsection U) and adding a new subsection (1) so that subsections U) and (1) shall read, respectively, as follows:
'(j) The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. In accordance with paragraph (6) of subsection (a) of Code Section 50-25-4, reasonable fees shall be assessed for furnishing infOrmation from records or data

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bases pursuant to provisions of this Code section; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00: '(1) In any case in which the release or transmittal of one or more driver's records is authorized under this Code section or any other provision of law, the commissioner may determine the method of release or transmittal of the record or records, including without limitation release or transmittal by mail or by means of the Internet or other electronic means.'

SECTION 17-3. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-21, relating to exemptions from licensing, by striking paragraph (11) of subsection (a) and inserting in its place a new paragraph to read as follows:
'( 11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the department in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act.' As used in the previous sentence, the term 'commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the rules of the department clearly identifYing such vehicles as training cars belonging to a licensed driving school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27; and'.

SECTION 17-4. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-22, relating to requirements for licensure, by striking paragraph (3) of subsection (a.l) and inserting in its place a new paragraph to read as follows:
'(3) The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection.'

SECTION 17-5. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-22.1, relating to reinstatement of license of child under 16 years convicted of driving under influence of alcohol or drugs, and inserting in its place a new Code section to read as follows:

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'40-5-22.1. Notwithstanding any other provision of law, if a child under 16 years of age is adjudicated delinquent of driving under the influence of alcohol or drugs or of possession of marijuana or a controlled substance in violation of Code Section 16-13-30 or of the unlawful possession of a dangerous drug in violation of Code Section 16-13-72 or convicted in any other court of such offenses, the court shall order that the privilege of such child to apply for and be issued a driver's license or learner's permit shall be suspended and delayed until such child is 17 years of age for a first conviction and until such child is 18 years of age for a second or subsequent such conviction. Upon reaching the required age, such license privilege shall be reinstated if the child submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court and pays a fee of $210.00 to the Department of Driver Services or $200.00 when such application is processed by mail. The court shall notify the department of its order delaying the issuance of such child's license within 15 days of the date of such order. The department shall not issue a driver's license or learner's permit to any person contrary to a court order issued pursuant to this Code section.'

SECTION 17-6. Said Chapter 5 of Title 40 is further amended by striking subsections (a) through (d) of Code Section 40-5-25, relating to driver's license applications, and inserting in their respective places new subsections to read as follows:
'(a) Every application for an instruction permit or for a driver's license shall be made upon a form furnished by the department. Every application shall be accompanied by the proper license fee. The fees shall be as established by the commissioner, not to exceed:
(l) For instruction permits for Classes A, B, C, and M drivers' licenses and for Class D drivers' licenses . . . . . . . . . . . . . . . . . . . . $ 10.00

(2) For five-year Classes A, B, C, and M noncommercial drivers' licenses .............................................. .

20.00

(2.1) For ten-year Classes A, B, C, and M noncommercial driver's licenses .............................................. .

35.00

(3) For Classes A, B, C, and M commercial drivers' licenses .... 20.00

(4) For application for Classes A, B, C, and M commercial drivers' licenses or a Class P commercial driver's instruction permit ..... 35.00

(5) For Class P commercial drivers' instruction permits for Classes A, B, C, and M commercial drivers' licenses ................ . 10.00

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(6) For Classes A, B, C, and M commercial drivers' licenses, initial issuance requiring a road test ........................ . 70.00

(7) For Classes A, B, C, and M commercial drivers' licenses, initial issuance not requiring a road test .................... . 20.00

(8) For renewal of Classes A, B, C, and M commercial drivers' 20.00 licenses .............................................. .

(8.1) For renewal of five-year Classes A, B, C, and M noncommercial drivers' licenses .......................... . 20.00

(8.2) For renewal of ten-year Classes A, B, C, and M noncommercial drivers' licenses .......................... . 35.00

(9) Initial issuance of Classes A, B, C, and M commercial drivers'

licenses and Class P commercial drivers' instruction permits shall

include all endorsement fees within the license fee. Each

endorsement added after initial licensing. . . . . . . . . . . . . . . . . . . . .

5.00

The commissioner may by rule provide incentive discounts in otherwise applicable fees reflecting cost savings to the department where a license is renewed by means other than personal appearance. The discount for renewal of a Class Cor Class M license shall be $5.00 and any other discounts shall be as determined by the commissioner. Except as provided in Code Section 40-5-36, relating to veterans' licenses, and Code Section 40-5-149, relating to application fees for public school bus drivers, there shall be no exceptions to the fee requirements for a commercial driver's license or a commercial driver's license permit. Notwithstanding any other provision of this Code section, there shall be no fee whatsoever for replacement of any driver's license solely due to a change of the licensee's name or address, provided that such replacement license shall be valid only for the remaining period of such original license; and provided, further, that only one such free replacement license may be obtained within the period for which the license was originally issued. Any application for the replacement of a lost license pursuant to Code Section 40-5-31 or due to a change in the licensee's name or address submitted within 150 days ofthe expiration of said license shall be treated as an application for renewal subject to the applicable license fees as set forth in this subsection. (b) Reserved. (c) Every such application shall state the full legal name, date of birth, sex, and residence address of the applicant; shall briefly describe the applicant; shall state whether the applicant has theretofore been licensed as a driver and, if so, when and by what state or country, and whether any such license has ever been suspended, revoked, or refused, and, if so, the date of and reason for such suspension, revocation, or refusal; and shall state such other information as the commissioner may require to determine the applicant's identity, competence, and

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eligibility. The application shall include any other information as required by paragraph (1) of subsection (a.l) of Code Section 19-11-9.1. The department shall not issue a license until a complete examination of the applicant's record has been completed. The commissioner may issue such rules and regulations as shall be necessary for the orderly processing oflicense applications.
(d)(l) The General Assembly finds that it is in the best interest of the state to encourage improved public education and awareness regarding anatomical gifts of human organs and tissues and to address the ever increasing need for donations of anatomical gifts for the benefit ofthe citizens of Georgia. (2) The department shall make available to those federally designated organ procurement organizations the name, license number, date of birth, and most recent address of any person who obtains an organ donor driver's license. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated:

SECTION 17-7. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-27, relating to examination of applicants, by striking subsections (a), (d), and (e) and inserting in their respective places new subsections 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 ofsafe 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. An applicant 18 years of age and older with a valid and current license, or a license that has been expired for less than two years, issued by another state of the United States or the District of Columbia who surrenders his or her previous license to obtain a Georgia license shall be exempt from taking such tests. 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 authorize licensed driver training schools to conduct on-the-road driving tests and other tests required for issuance of a driver's license as provided in this subsection. The department may authorize licensed driver training schools to issue driver's licenses to successful applicants as provided in

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this subsection. The department shall, prior to approving a licensed driver training school to conduct tests or issue licenses or both as provided in this subsection, make a determination that the school has been licensed for a minimum of two years and has conducted driver education courses on a full-time basis for such two-year period and that such school meets all other standards which the department may establish as a condition for approval to conduct such tests or issue licenses or both. The department shall authorize a driver training school licensed pursuant to Chapter l3 of Title 43 and approved by the department to administer the testing provided for in this Code section, provided that the applicant has successfully completed a driver training course which includes a minimum of 30 class hours of instruction and six hours of private 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."

SECTION 17-8. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-28, relating to issuance of drivers' licenses, and inserting in its place a new Code section to read as follows:
'40-5-28. (a) The department shall, upon payment of the required fee, issue to every applicant qualifYing therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require applicants to submit fmgerprints by means of an inkless fingerprint scanning device upon application. (b) The commissioner may determine the location and manner of issuance of drivers' licenses. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose and may authorize the issuance of drivers' licenses by county tag agents. No county tag agent shall be required to issue or renew drivers' licenses unless such county tag agent agrees in writing to perform such functions. No county tag agent shall be required to issue or renew drivers' licenses for residents of any county other than the residents ofthe county for which he or she serves as tax commissioner."

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SECTION 17-9. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-31, relating to replacement permits or licenses, by striking subsection (b) and inserting in its place a new subsection to read as follows:
'(b) The department shall issue a temporary permit or driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his or her instruction permit or driver's license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. In lieu of the applicant's signature on a form, any application for the issuance of a replacement license submitted electronically shall contain an acknowledgment and attestation under penalty of perjury that he or she meets each requirement of this Code section.'

SECTION 17-10. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-32, relating to driver's license renewal, and inserting in its place a new Code section to read as follows:
'40-5-32. (a)(1) Except as otherwise provided in this Code section, every driver's license shall expire on the licensee's birthday in the fifth year following the issuance of such license. Notwithstanding the fOregoing, any commercial license that contains an H or X endorsement as defined in subsection (c) of Code Section 40-5-150 shall expire on the date of expiration of the licensee's security threat assessment conducted by the Transportation Security Administration of the United States Department of Homeland Security. An applicant for a Class A, B, C, or M noncommercial driver's license who is under age 60 shall at the applicant's option apply fur a license which shall expire on the licensee's birthday in the fifth or tenth year following the issuance of such license. Every such license shall be renewed on or before its expiration upon application, payment of the required fee, and, if applicable, satisfactory completion of the examination required or authorized by subsection (c) of this Code section. (2) Except as otherwise provided by subsection (c) of this Code section, every veteran's or honorary license shall be valid until the holder reaches age 65 and shall thereafter be subject to renewal pursuant to paragraph (1) of this subsection on or before his or her birthday every five years. The department may allow a veteran or honorary license holder to retain his or her expired veteran's or honorary license as a souvenir. (3) The commissioner shall issue such rules and regulations as are required to enforce this subsection.
(b) An application for driver's license renewal may be submitted by means of: (1) Personal appearance before the department; or (2) Subject to rules or regulations ofthe department which shall be consistent with considerations of public safety and efficiency of service to licensees, means other than such personal appearance which may include without

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limitation by mail or electronically. The department may by such rules or regulations exempt persons renewing drivers' licenses under this paragraph from the license surrender requirement of subsection (c) of Code Section 40-5-20. (c)( 1) The department shall require every person who is age 64 or older applying for renewal of a driver's license to take and pass successfully such test of his or her eyesight as the department shall prescribe. (2) The commissioner may issue such rules and regulations as are necessary to implement this subsection.'

SECTION 17-11. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-33, relating to change of address of a lice!lsed driver, and inserting in its place a new Code section to read as follows:
'40-5-33. Whenever any person, after applying for or receiving a driver's license, shall move from the address named in such application or in the license issued to him or her or when the name of a licensee is changed by marriage or otherwise, such person shall apply to the department for a license showing the correct name or address within 60 days. Failure to change the name or address shall not deem the license invalid. The commissioner may determine the locations at which applications shall be accepted for applications due to change of name or address. Without limiting the generality of the foregoing, it is specifically provided that the commissioner may designate county tag agents, if they so agree, as agents of the department for this purpose.'

SECTION 17-12. Said Chapter 5 of Title 40 is further amended by striking subsection (b) of Code Section 40-5-53, relating to reports of convictions and forwarding of licenses by courts, and inserting in its place a new subsection to read as follows:
'(b) Every court in each county of this state having jurisdiction over offenses committed under this chapter and Chapter 6 of this title or any other law of this state or ordinance adopted by a local authority regulating the operation of motor vehicles on highways shall forward to the department, within ten days after the conviction of any person in such court for a violation of any such law other than regulations governing speeding in a noncommercial motor vehicle for which no points are assigned under Code Section 40-5-57, standing, or parking, a uniform citation form authorized by Article 1 of Chapter 13 of this title. Notwithstanding any other provision of this title, in satisfaction of the reporting requirement of this subsection, the courts of this state shall transmit the information contained on the uniform citation form by electronic means, using the electronic reporting method approved by the department. The department shall pay to the clerk of the court forwarding the required report 40 for each report transmitted electronically in a timely manner as required in this subsection; and notwithstanding any general or local law to the contrary, the clerk shall pay such fees over to the general fund

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of the city or county operating the court. Where a court has not implemented transmittal by electronic means, the commissioner may require such court or courts to submit by electronic means no later than a future date to be determined by the commissioner.'

SECTION 17-13. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-57.1, relating to suspension oflicenses of young drivers, by striking subsection (b) and inserting in its place a new subsection to read as follows:
'(b) A person whose driver's license has been suspended under subsection (a) of this Code section shall:
(l) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection:
(A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to 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 payment of required fees, have his or her driver's license reinstated after 12 months; or (2)(A) Ifthe driver's license was suspended upon conviction fur violation of Code Section 40-6-3 91, be subject to the provisions of Code Section 40-5-63. (B) If such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions ofparagraph (1) of subsection (a) ofCode Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and:
(i) Ifthe driver's alcohol concentration at the time ofthe offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (ii) If the driver's alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of12 months.'

SECTION 17-14. Said Chapter 5 of Title 40 is further amended in said Code Section 40-5-57.1 by adding at the end ofthe Code section a new subsection (d) to read as follows:
'(d) A suspension provided for in this Code section shall be imposed based on the person's age on the date ofthe conviction giving rise to the suspension.'

SECTION 17-15. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-63, relating to certain license suspension periods, and inserting in its place a new Code section to read as follows:

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'40-5-63 0 (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-3 91, unless the driver's license has been previously suspended pursuant to Code Sections 40-5-67.1 and 40-5-6 7.2, shall by operation oflaw be suspended and such suspension shall be subject to the fullowing terms and conditions; provided, however, that any person convicted of a drug related offense pursuant to Code Section 40-6-391 shall be governed by the suspension requirements ofCode Section 40-5-75:
(l) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date ofthe current arrest for which a conviction is obtained, the period of suspension shall be for 12 months. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when such reinstatement is processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-3 91 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. For purposes of this paragraph, an accepted plea of nolo contendere to an offense listed in Code Section 40-5-54 by a person who is under 18 years of age at the time of arrest shall constitute a conviction. For the purposes of this paragraph only, an accepted plea of nolo contendere by a person 21 years of age or older, with no conviction of and no plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere accepted to the date ofthe current arrest for which a plea of nolo contendere is accepted, shall be considered a conviction, and the court having jurisdiction shall forward, as provided in Code Section 40-6-391.1, the record of such disposition of the case to the department and the record of such disposition shall be kept on file for the purpose of considering and counting such accepted plea ofnolo contendere as a conviction under paragraphs (2) and (3) of this subsection; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the

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period of suspension shall be for three years. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license; except that if such license was suspended as a result of a second conviction of a violation of Code Section 40-6-391 within five years, the person shall not be eligible to apply for license reinstatement until the end of 18 months. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail, provided that, if such license was suspended as a result of a conviction of an offense listed in Code Section 40-5-54, such license shall be reinstated if such person submits proof of completion of either a defensive driving program approved by the department or a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. A driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof ofcompletion ofa DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five years, as measured from the dates ofprevious arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or (3) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and said license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such five-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted
pleas of nolo contendere to acharge of violating Code Section 40-6-391 within
five years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or ofviolating Code Section 40-6-391.

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(c) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driving skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay the applicable restoration fee. In addition to any other requirement the department may impose, a driver's license suspended as a result of a conviction of a violation of Code Section 40-6-391 shall not become valid, shall remain suspended, and shall not be returned to such driver or otherwise reinstated until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program. (d) Any person convicted of violating subsection (a) of Code Section 40-6-3 93, relating to homicide by vehicle, or Code Section 40-6-3 94, relating to serious injury by vehicle, shall have his or her license suspended for a period of three years. Such person shall not be eligible for early reinstatement of said driver's license as provided in this Code section or in Article 4 of this chapter and shall not be eligible for a limited driving permit as provided in Code Section 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homicide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction. (e) The driver's license of any person under 21 years of age who is convicted of unlawful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the department for reinstatement of said driver's license. Such license shall be reinstated only if the person submits proof of completion of an approved DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that such person completes a DUI Alcohol or Drug Use Risk Reduction Program within 120 days after sentencing. (f) The driver's license of any person who is convicted ofattempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license ofsuch person shall not be suspended."

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SECTION 17-15.1. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-67.2, relating to terms and conditions applicable to certain license suspensions, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) Any driver's license required to be suspended under subsection (c) ofCode Section 40-5-67.1 shall be suspended subject to the following terms and conditions:
( 1) Upon the first suspension pursuant to subsection (c) of Code Section 40-5-67.1 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of$21 0 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. (2) Upon the second suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates ofprevious arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. The person shall be eligible to apply to the department for license reinstatement not sooner than 18 months following the effective date of suspension. Such license shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $51 0.00 or $5 00.00 when processed by mail. A driver's license suspended pursuant to Code Section 40-5-67-.1 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. (3) Upon the third or subsequent suspension pursuant to subsection (c) of Code Section 40-5-67.1 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for five years. A driver's license suspended pursuant to Code Section 40-5-67 .l shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays the prescribed restoration fee. The driver may apply for a

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probationary license pursuant to Code Section 40-5-5 8 after the expiration of two years from the effective date of suspension.

SECTION 17-16. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-75, relating to suspension of licenses by operation of law, by striking paragraphs (l) and (2) of subsection (a) and subsection (h) and inserting in their respective places new paragraphs and a new subsection to read as follows:
'(1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date ofthe current arrest for which a conviction is obtained, the period of suspension shall be for not less than 180 days. At the end of 180 days, the person may apply to the department for reinstatement of his or her driver's license. Such license shall be reinstated only ifthe person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and pays to the Department of Driver Services a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere by a person to a charge of any drug related offense listed in this subsection shall, except as provided in subsection (c) of this Code section, constitute a conviction; (2) Upon the second conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years, provided that after one year from the date of the conviction the person may apply to the department for reinstatement of his or her driver's license by submitting proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program and paying to the Department of Driver Services a restoration fee of $210 or $200 when such reinstatement is processed by mail unless such conviction was a recidivist conviction in which case the restoration fee shall be $510.00 or $500.00 when such reinstatement is processed by mail. For purposes of this paragraph, a plea of nolo contendere and all previous pleas of nolo contendere within such five-year period oftime shall constitute a conviction; and' '(h) Notwithstanding the provisions of subsection (a) of this Code section, licensed drivers who are 16 years of age who are adjudicated in a juvenile court pursuant to this Code section may, at their option, complete a DUI Alcohol or Drug Use Risk Reduction Program or an assessment and intervention program approved by the juvenile court:

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SECTION 17-17. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-80, relating to the purpose of the 'Georgia Driver Improvement Act,' and inserting in its place a new Code section to read as follows:
'40-5-80. The purpose of this article, the 'Georgia Driver Improvement Act,' is to improve and promote greater safety upon the highways and streets of this state; to improve the attitude and driving habits of drivers who accumulate traffic accident and motor vehicle conviction records; and to provide uniform DUI Alcohol or Drug Use Risk Reduction Programs for the rehabilitation of persons identified as reckless or negligent drivers and frequent violators. In carrying out this purpose, the Department of Driver Services shall:
( 1) Charge a fee for the consideration of applications for approval of driver improvement clinics and instructors. The amount of this fee shall be established by the commissioner and shall, as best as the commissioner shall determine, approximate the expense incurred by the department in consideration of an application. These licenses and each renewal thereof shall be valid for a period of four years unless suspended or revoked prior to the expiration of that time period; and (2) Require, in addition to the criteria established by the commissioner for approval of driver improvement clinics and DUI Alcohol or Drug Use Risk Reduction Programs, as provided in subsections (a) and (e) of Code Section 40-5-83, that every driver improvement clinic and DUI Alcohol or Drug Use Risk Reduction Program shall, as a condition of approval, provide a continuous surety company bond for the protection of the contractual rights of students in such form as will meet with the approval of the department, and written by a company authorized to do business in this state. The principal sum of the bond shall be established by the commissioner; however, in no event shall this amount be less than $10,000.00 per location, and a single bond at such rate may be submitted for all locations under the same ownership. If at any time said bond is not valid and in force, the license of the clinic or program shall be deemed suspended by operation of law until a valid surety company bond is again in force:

SECTION 17-18. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-81, relating to selection of driver improvement programs, by striking subsection (c) and inserting in its place a new subsection to read as follows:
'(c) It shall be unlawful for the owner, agent, servant, or employee of any driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program licensed by the department to directly or indirectly solicit business by personal solicitation on public property, by phone, or by mail. A violation of this subsection shall be a misdemeanor. Advertising in any mass media, including, but not limited to, newspapers, radio, television, magazines, or telephone

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directories by a driver improvement clinic or DUI Alcohol or Drug Use Risk Reduction Program shall not be considered a violation of this subsection.'

SECTION 17-19. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-82, relating to administration of the Driver Improvement Program, and inserting in its place a new Code section to read as follows:
'40-5-82. (a) The Driver Improvement Program created by this article shall be administered by the commissioner. The commissioner is authorized to promulgate and adopt rules and regulations necessary to carry out this article. (b) For the purpose of generating greater interest in highway safety, the commissioner may solicit the assistance of local governmental authorities, associations, societies, clubs, schools, colleges, and other organizations or persons knowledgeable in highway safety driving standards to participate in conjunction with the department in the development of local driver improvement programs and in conducting driver improvement classes. (c) The department is designated as the agency responsible for the approval and certification of DUI Alcohol or Drug Use Risk Reduction Programs and staff. This responsibility includes selection of the assessment instrument, development of the intervention curricula, training of program staff, and monitoring of all DUI Alcohol or Drug Use Risk Reduction Programs under this article. (d) All DUI Alcohol or Drug Use Risk Reduction Program records including, but not limited to, assessment results and other components attended shall be confidential and shall not be released without the written consent of the DUI offender, except that such records shall be made available to the Department of Human Resources and the Department of Driver Services. The provision of assessments to the Department of Human Resources shall be according to an interagency agreement between the Department of Driver Services and the Department of Human Resources, and the agreement may provide for assessment fees to be transmitted to the Department of Human Resources. (e) The department shall conduct a records check for any applicant for certification as an operator or instructor of a DUI Alcohol or Drug Use Risk Reduction Program. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records. After receiving the report from the Georgia Crime Information Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regarding certification requirements, including restrictions regarding misdemeanor convictions.'

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SECTION 17-20. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-83, relating to establishment, approval, and operation of clinics, by striking paragraph ( 1) of subsection (a), paragraph (3) of subsection (b), and subsection (e) and inserting in their respective places new paragraphs and a new subsection to read as follows:
'(a)(l) The commissioner shall establish criteria for the approval of driver improvement clinics. To be approved, a clinic shall provide and operate either a defensive driving course, an advanced defensive driving course, or a professional defensive driving course or any combination thereof. Clinics shall be composed of uniform education and training programs consisting of six hours of instruction designed for the rehabilitation of problem drivers. The commissioner shall establish standards and requirements concerning the contents of courses, qualifications of instructors, attendance requirements for students, and examinations. Approved clinics shall charge a fee of $75.00 for a defensive driving course, an advanced defensive driving course, or a professional defensive driving course; except that such clinics may charge different fees oftheir own choosing ifthe person is not enrolling in such course pursuant to court order or department requirement. No clinic shall be approved unless such clinic agrees in writing to allow the examination and audit ofthe books, records, and financial statements of such clinic. Clinics may be operated by any individua~ partnership, corporation, association, civic group, club, county, municipality, board of education, school, or college.' '(3) Driving under the influence and alcohol and drug programs, clinics, and courses outside ofthe State ofGeorgia shall not be required to comply with the provisions of subsection (e) of this Code section; provided, however, that the department shall not accept certificates of completion from any such program, clinic, or course unless said program, clinic, or course has been certified by the department as substantially conforming, with respect to course content, with the standards and requirements promulgated by the department under subsection (e) of this Code section. Certificates of completion from an out-of-state program, clinic, or course not so certified by the department may be accepted only for the purpose of permitting persons who are not residents of the State of Georgia to reinstate nonresident operating privileges.' '(e) The department is designated as the agency responsible for establishing criteria for the approval ofDUI Alcohol or Drug Use Risk Reduction Programs. An applicant must meet the certification criteria promulgated by the department through its standards and must provide the following services: (1) the assessment component and (2) the intervention component. The department is designated as the agency responsible for establishing rules and regulations concerning the contents and duration of the components of DUI Alcohol or Drug Use Risk Reduction Programs, qualifications of instructors, attendance requirements for students, examinations, and program evaluations. Qualified instructors shall be certified for periods of four years each, which may be renewed. Approved DUI Alcohol or Drug Use Risk Reduction Programs shall charge a fee of$75 .00 for the assessment component and $190.00 for the intervention component. An

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additional fee for required student program materials shall be established by the department in such an amount as is reasonable and necessary to cover the cost of such materials. No DUI Alcohol or Drug Use Risk Reduction Program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the department and to allow the examination and audit of the books, records, and fmancial statements of such DUI Alcohol or Drug Use Risk Reduction Program by the department or its authorized agent. DUI Alcohol or Drug Use Risk Reduction Programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any political subdivision in which a DUI Alcohol or Drug Use Risk Reduction Program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI Alcohol or Drug Use Risk Reduction Programs have been made available to said community. The Department of Corrections is authorized to operate D UI Alcohol or Drug Use Risk Reduction Programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Driver Services. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI Alcohol or Drug Use Risk Reduction Program will be approved unless such clinic agrees in writing to pay to the state, for the costs of administration, a fee of $15.00, for each offender assessed or each offender attending for points reduction, provided that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds.'

SECTION 17-21. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-88, relating to administrative penalties, and inserting in its place a new Code section to read as follows:
'40-5-88. (a) As an alternative to criminal or other civil enforcement, the commissioner of driver services in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative fine not to exceed $1 ,000.00 for each violation, whenever the commissioner, after a hearing, determines that any person, firm, or corporation has violated any provisions of this article or any regulations or orders promulgated under this article. Notwithstanding the foregoing, violations that are minor in nature and committed

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by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued. (b) The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Any person, firm, or corporation who has exhausted all administrative remedies available and who is aggrieved or adversely affected by a final order or action of the commissioner of driver services shall have the right ofjudicial review thereof in accordance with Chapter 13 of Title 50. All fines recovered under this Code section shall be paid into the state treasury. The commissioner of driver services may file, in the superior court (1) wherein the person under order resides; (2) if such person is a corporation, in the county wherein the corporation maintains its principal place of business; or (3) in the county wherein the violation occurred, a certified copy of a final order of the commissioner, whether unappealed from or affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notifY the parties. Such judgment shall have the same efrect and proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to such commissioner with respect to any violation of this article or any order, rules, or regulations promulgated pursuant to this article.'

SECTION 17-22. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-142, relating to definitions applicable to the 'Uniform Commercial Driver's License Act,' by striking paragraph (7) and inserting in its place a new paragraph to read as follows:
'(7) 'Commercial motor vehicle' means a motor vehicle designed or used to transport passengers or property:
(A) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as determined by federal regulation; (B) Ifthe vehicle is designed to transport 16 or more passengers, including the driver; or (C) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with the Motor Carrier Safety Rules prescribed by the United States Department of Transportation, Title 49 C.P.R. Part 172, subpart F; provided, however, that for the purposes of this article, no agricultural vehicle, military vehicle operated by military personnel, recreational vehicle, or fire-fighting or emergency equipment vehicle shall be considered a commercial vehicle. As used in this paragraph, the term 'agricultural vehicle' means a farm vehicle which is controlled and operated by a farmer; used to transport agricultural products, farm machinery, or farm supplies to or from a farm; and

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operated within 150 miles of such person's farm; which vehicle is not used in the operations of a motor carrier. Any other waiver by the Federal Highway Administration pursuant to Federal Law 49 C.F.R. Parts 383, 391, RIN 2125-AB 68, of the United States Department of Transportation shall supersede state law in authorizing the Department of Driver Services to exempt said classes.'

SECTION 17-23. Said Chapter 5 of Title 40 is further amended in Code Section 40-5-100, relating to issuance of identification cards, by striking subsection (b) and inserting in its place a new subsection to read as follows:
'(b) The identification card shall be valid for a period of five or ten years, at the option of the applicant, and shall bear the signatures of the commissioner and the Governor and shall bear an identification card number which shall not be the same as the social security number.'

SECTION 17-24. Said Chapter 5 of Title 40 is further amended by striking Code Section 40-5-103, relating to fees for issuance of identification cards, and inserting in its place a new Code section to read as follows:
'40-5-103. (a) Except as provided in subsections (b) and (c) of this Code section, the department shall collect a fee of$20.00 for a five-year card and a fee of$35.00 for a ten-year card, which fee shall be deposited in the state treasury in the same manner as other motor vehicle driver's license fees. (b) The department shall collect a fee of $5.00 for the identification card for all persons who are referred by a nonprofit organization which organization has entered into an agreement with the department whereby such organization verifies that the individual applying for such identification card is indigent. The department shall enter into such agreements and shall adopt rules and regulations to govern such agreements. (c) The department shall not be authorized to collect a fee for an identification card from those persons who are entitled to a free veterans' driver's license under the provisions ofCode Section 40-5-36. (d) The commissioner may by rule authorize incentive discounts where identification cards are renewed by Internet, telephone, or mail.'

PART XVIII Amendments to Chapter 40-6.
Uniform rules ofthe road. SECTION 18-1.

Chapter 6 of Title 40 ofthe Official Code of Georgia Annotated, relating to uniform rules of the road, is amended in Code Section 40-6-10, relating to insurance

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requirements for operation of motor vehicles generally, by striking paragraph (3) of subsection (a) and inserting in its place a new paragraph to read as follows:
'(3) On and after July I, 2005, the requirement under this Code section that proof or evidence of minimum liability insurance be maintained in a motor vehicle at all times during the operation of the vehicle shall not apply to the owner or operator of any vehicle for which the records or data base of the Department of Revenue indicates that required minimum insurance coverage is currently effective:

SECTION 18-2. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-12, relating to proof of fmancial responsibility after failure to maintain insurance, and inserting in its place a new Code section to read as follows:
'40-6-12. (a) Any person convicted of a second or subsequent violation of Code Section 40-6-10 within a five-year period, as measured from date of arrest to date of arrest, shall be required to ftle with the Department of Driver Services and maintain for a period ofthree years from the date of conviction proofoffinancial responsibility, as such term is defmed in paragraph (5) of Code Section 40-9-2, in addition to any other punishment. (b) If the proof of fmancial responsibility ftled in accordance with subsection (a) of this Code section is based upon a policy issued by an insurance company, such insurer may not cancel the policy until the Department ofDriver Services is given at least 30 days' prior written notice of such cancellation.'

SECTION 18-3. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-142, relating to vehicles required to stop at railroad crossings, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) Except as provided in subsection (b) of this Code section, the driver of any motor vehicle carrying passengers for hire, any bus, whether or not operated for hire, or of any school bus, whether carrying any school children or empty, or of any vehicle carrying any hazardous material listed in Section 392.10 of Title 49 of the Code of Federal Regulations as those regulations currently exist or as they may in the future be amended or in regulations adopted by the commissioner of pub lie safety, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within 50 feet but not less than 15 feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until he or she can do so safely. After stopping as required in this Code section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such crossing, and the driver shall not shift gears while crossing the track or tracks.'

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SECTION 18-4. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-221, relating to definitions applicable to handicapped parking, by striking paragraph (1) and inserting in its place a new paragraph to read as follows:
'( 1) 'Counterfeit' means any copy of any kind of parking permit for persons with disabilities which is not authorized by and does not carry the official seal ofthe Department ofRevenue.'

SECTION 18-5. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-222, relating to handicapped parking permits, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) The Department of Revenue shall issue parking permits for persons with disabilities and may delegate to county tag agents responsibility for issuance of such permits to residents of the county served by the tag agent. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and shall by regulation require such proof of disability or incapacity as is necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affiXed to the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least four years. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities.'

SECTION 18-6. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-223, relating to absence of fees for handicapped parking permits, and inserting in its place a new Code section to read as follows:
'40-6-223. The Department of Revenue and county tag agents shall not charge or collect any fee for issuing parking permits for persons with disabilities under this part.'

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SECTION 18-7. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-2 53.1, relating to transportation of etiologic agents, by striking subsections (b) and (c) and inserting in their place new subsections to read as follows:
'(b) The transportation of infectious substances and regulated medical waste, including but not limited to the marking ofpackages and marking or placarding of vehicles with appropriate warnings, shall comply with the requirements of the federal Hazardous Material Regulations published in Title 49 of the Code of Federal Regulations as those regulations currently exist or may in the future be amended and with compatible regulations adopted or promulgated by the commissioner of pub lie safety. (c) Nurses, physicians, and other health care professionals may utilize all applicable exceptions contained in federal regulations and in the regulations of the Department ofPublic Safety when transporting infectious substances.'

SECTION 18-8. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-277, relating to reporting of fatal accidents, and inserting in its place a new Code section to read as follows:
'40-6-277. Every sheriff and chief executive officer of a law enforcement agency other than a sheriff shall, on or before the tenth day of each month, report in writing to the Department of Transportation the death of any person within their jurisdiction during the preceding calendar month as the result of a traffic accident known to them, giving the time and place of the accident and the circumstances relating thereto, in the manner specified by the commissioner of transportation.'

SECTION 18-9. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-278, relating to reporting of motor vehicle accidents, and inserting in its place a new Code section to read as follows:
'40-6-278. The commissioner of transportation shall prescribe, by rule, uniform motor vehicle accident reports and reporting procedures which shall be used by all police officers, whether state, county, or municipal. The rules shall be adopted in accordance with Chapter 13 ofTitle 50, the 'Georgia Administrative Procedure Act.' The rules may require one type of report and reporting procedure for motor vehicle accidents in which property damage alone is involved and another type of report and reporting procedure for motor vehicle accidents involving personal injury or death. The commissioner may, by rule, require additional investigation or reports in case of serious bodily injury or death.'

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SECTION 18-10. Said Chapter 6 of Title 40 is further amended in Code Section 40-6-296, relating to bicycle safety standards, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of300 feet to the front and with a red reflector on the rear of a type approved by the Department of Public Safety which shall be visible from a distance of300 feet to the rear when directly in front of lawful upper beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of300 feet to the rear may be used in addition to the red reflector.'

SECTION 18-11. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-315, relating to motorcycle safety standards, and inserting in its place a new Code section to read as follows:
'40-6-315. (a) No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of pub lie safety. (b) No person shall operate or ride upon a motorcycle if the motorcycle is not equipped with a windshield unless he or she is wearing an eye-protective device of a type approved by the commissioner of pub lie safety. (c) This Code section shall not apply to persons riding within an enclosed cab or motorized cart. This Code section shall not apply to a person operating a three-wheeled motorcycle used only for agricultural purposes. (d) The commissioner of public safety is authorized to approve or disapprove protective headgear and eye-protective devices required in this Code section and to issue and enforce regulations establishing standards and specifications for the approval thereof. The commissioner shall publish lists of all protective headgear and eye-protective devices by name and type which have been approved.'

SECTION 18-12. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-316, relating to promulgation of motorcycle safety rules, and inserting in its place a new Code section to read as follows:
'40-6-316. The commissioner of public safety is authorized to promulgate rules and regulations to carry this part into effuct and to establish regulations for safety standards for the operation ofmotorcycles.'

SECTION 18-13. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-330, relating to motorized cart equipment regulations, and inserting in its place a new Code section to read as follows:

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'40-6-330. Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of pub lie safety."

SECTION 18-14. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-352, relating to moped safety standards, and inserting in its place a new Code section to read as follows:
'40-6-352. (a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet. (b) The commissioner of public safety is authorized to approve or disapprove protective headgear for moped operators and to issue and enforce regulations establishing standards and specifications fur the approval thereof. He or she shall publish lists by name and type of all protective headgear which have been approved by him or her.'

SECTION 18-15. Said Chapter 6 of Title 40 is further amended by striking Code Section 40-6-3 54, relating to promulgation of moped safety rules, and inserting in its place a new Code section to read as follows:
'40-6-354. The commissioner of public safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for safety equipment or standards for the operation of mopeds.'

SECTION 18-15.1. Said Chapter 6 ofTitle 40 is further amended in Code Section 40-6-391, relating to driving under the influence, by striking subparagraphs (c)(l)(D), (c)(2)(D), and (c)(3)(D) and inserting in their respective places new subparagraphs to read as follows:
'(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and'

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'(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and' '(D) Completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. The sponsor of any such program shall provide written notice of such approval to the person upon enrollment in the program; and'

SECTION 18-16. Said Chapter 6 ofTitle 40 is further amended in Code Section 40-6-391.1, relating to nolo contendere pleas in driving under the influence cases, by striking subsections (b) through (e) and inserting in their place new subsections to read as follows:
'(b) If the defendant has not been convicted of or had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within the previous five years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met:
( 1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest ofjustice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department ofDriver Services. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his or her reasons for accepting the plea of nolo contendere. (d) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Driver Services within ten days after disposition. (e) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section, the defendant's driver's license shall be forwarded to the Department of Driver Services as provided in subsection (c) of Code Section 40-5-67:

PART XIX Amendments to Chapter 40-8. Equipment and inspection of motor vehicles.
SECTION 19-1.

Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, is amended by striking Code Section 40-8-2, relating to motor vehicle safety standards, and inserting in its place a new Code section to read as follows:

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'40-8-2. In addition to the requirements of this article, the commissioner of public safety, as to the motor vehicles within the jurisdiction of the Department of Public Safety, shall have the authority to promulgate rules designed to promote safety pursuant to the provisions of Chapter 16 of this title and Chapter 7 of Title 46. Any such rules promulgated or deemed necessary by the commissioner shall include the fullowing: every motor unit and all parts thereof shall be maintained in a safe condition at all times. The lights, brakes, and equipment shall meet such safety requirements as the commissioner shall promulgate from time to time:

SECTION 19-2. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-50, relating to safety standards for brakes, by striking paragraph (8) of subsection (e) and inserting in its place a new paragraph to read as fullows:
'(8) For vehicles used for commercial purposes, the vehicle or combination of vehicles is used only in intrastate commerce and complies in all other respects with licensing, insurance, registration, identification, driver and vehicle safety, and hazardous materials regulations of the Department of Public Safety and United States Department of Transportation applicable to such vehicles or combination ofvehicles.'

SECTION 19-3. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-7 3.I, relating to affixing of materials which reduce light transmission through windows or windshields, by striking subsection (d) and inserting in its place a new subsection to read as follows:
'(d) The Department of Public Safety may, upon application from a person required for medical reasons to be shielded from the direct rays of the sun and only if such application is supported by written attestation of such fact from a person licensed to practice medicine under Chapter 34 of Title 43, issue an exemption from the provisions ofthis Code section for any motor vehicle owned by such person or in which such person is a habitual passenger. The exemption shall be issued with such conditions and limitations as may be prescribed by the Department of Public Safety.'

SECTION 19-4. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, by striking paragraphs (2) and (3) of subsection (e) and inserting in their place new paragraphs to read as fullows:
'(2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, 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

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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 Driver Services. (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 safuty 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 of this 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 thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record ofthe court disposition ofthe case of failure to secure a seat safety belt on a minor to the Department of Driver Services:

SECTION 19-5. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-78, relating to motor vehicle safety glazing, by striking subsections (a) and (d) and inserting in their respective places new subsections to read as follows:
'(a) No person shall sell any motor vehicle manufactured after January 1, 1954, nor shall any such motor vehicle be registered unless such vehicle is equipped with safety glazing materials of a type approved by the commissioner of public safety wherever glazing materials are used in doors, windows, and windshields. The provisions of this Code section shall apply to all passenger-type motor vehicles, including passenger buses and school buses, but in respect to trucks, including truck tractors, the requirements as to safety glazing materials shall apply to all glazing materials used in doors, windows, and windshields in the drivers' compartments ofsuch vehicles: '(d) The commissioner of public safety shall compile and publish a list of types of glazing materials by name approved by him or her as meeting the requirements of this Code section and the commissioner shall not register any motor vehicle which is subject to the provisions of this Code section unless it is equipped with an approved type of safety glazing materials, and he or she shall thereafter suspend the registration of any motor vehicle so subject to this Code section which he or she fmds is not so equipped until it is made to conform to the requirements of this Code section:

SECTION 19-6. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-92, relating to designation of emergency vehicles and use of flashing or revolving lights, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) All emergency vehicles shall be designated as such by the commissioner of public safety. The commissioner shall so designate each vehicle by issuing to such vehicle a permit to operate flashing or revolving emergency lights of the appropriate color. Such permit shall be valid for one year from the date of issuance; provided, however, that permits for vehicles belonging to federal, state,

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county, or municipal governmental agencies shall be valid for five years from the date of issuance. Any and all officially marked law enforcement vehicles as specified in Code Section 40-8-91 shall not be required to have a permit for the use of a blue light. Any and all fire department vehicles which are distinctly marked on each side shall not be required to have a permit for the use of a red light."

SECTION 19-7. Said Chapter 8 of Title 40 is further amended by striking Code Section 40-8-95, relating to promulgation of certain safety standards, and inserting in its place a new Code section to read as follows:
'40-8-95 0 The commissioner of public safety shall implement any and all provisions of Code Sections 40-8-90, 40-8-92, and 40-8-93 by the promulgation of necessary rules and regulations."

SECTION 19-8. Said Chapter 8 of Title 40 is further amended in Code Section 40-8-220, relating to inspection ofpublic school buses, by striking subsections (a) and (f) and inserting in their respective places new subsections to read as follows:
'(a) Every school bus which is defined by paragraph (55) of Code Section 40-1-1 which is owned or operated by a state, county, or municipal government or under contract by any independent school system shall be inspected annually, or more frequently at the discretion of the commissioner of public safety, under the supervision of an employee of the Department of Public Safety." '(f) The commissioner of public safety is authorized to implement any and all provisions of this Code section by the promulgation of necessary rules and regulations. When duly promulgated and adopted, all rules and regulations issued pursuant to this Code section shall have the force oflaw ."

PART XX Amendments to Chapter 40-9. The "Motor Vehicle Safety Responsibility Act."
SECTION 20-1.

Chapter 9 of Title 40 of the Official Code of Georgia Annotated, the ''Motor Vehicle Safety Responsibility Act," is amended by striking in its entirety Article 1, relating to general provisions of the Act, and inserting in its place a new article to read as follows:

"ARTICLE 1

40-9-1. This chapter shall be known and may be cited as the 'Motor Vehicle Safety Responsibility Act.'

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40-9-2. As used in this chapter, the term:
(1) 'Accident' means the collision of any motor vehicle with another vehicle or with any object or fixture, or involvement of a motor vehicle in any manner in which any person is killed or injured or in which damage to the property of any one person to an extent of $500.00 or more is sustained. (2) 'Commissioner' means the commissioner of driver services. (3) 'Department' means the Department of Driver Services. (4) 'Operator' means every person who drives or is in actual physical control of a motor vehicle upon a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. (5) 'Proof of financial responsibility' means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of said proof in the amounts specified in subparagraph (a)(1)(A) ofCode Section33-7-ll. (6) 'Suspension ofdriver's license' means the temporary withdrawal by formal action of the department of a resident's license or nonresident's privilege to operate a motor vehicle on the public highways.

40-9-3. (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 ofthis chapter. (b) The commissioner shall provide for hearings upon request of persons aggrieved by orders or acts of the commissioner under this chapter. Such hearings shall not be subject to the procedural provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (c) The commissioner is authorized to adopt and enforce rules and regulations necessary for the administration of such hearings, including but not limited to, hearings provided in Code Section 40-9-32. Except as provided in Code Section 40-9-32, a request for a hearing under this chapter shall not operate as a stay of any order or act ofthe commissioner. (d) The commissioner's decision as rendered at such hearing shall be fmal unless the aggrieved person shall desire an appeal, in which case he or she shall have the right to enter an appeal to the superior court of the county of his or her residence or the Superior Court of Fulton County by filing a complaint in the superior court, naming the commissioner as defendant, within 30 days from the date the commissioner enters his or her decision or order. The appellant shall not be required to post any bond nor pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at term or in chambers or before a jury at the first term. The hearing on the appeal shall be de novo. However, such appeal shall not act as a supersedeas of any order or acts of the commissioner, nor shall the appellant be allowed to operate or permit a motor

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vehicle to be operated in violation of any suspension or revocation by the commissioner while such appeal is pending.

40-9-4. This chapter shall not apply with respect to any motor vehicle owned by the United States, the State of Georgia, any political subdivision of this state, or any municipality therein, or any motor carrier required by any other law to file evidence of insurance or other surety. Code Sections 40-9-81, 40-9-7, 40-9-8, and 40-9-12 shall apply as to the operator of such motor vehicles. All provisions of this chapter shall apply to the operator of such motor vehicles while on unofficial business.

40-9-5. (a) If the operator or the owner of a vehicle involved in an accident in this state has no license, such operator shall not be allowed a license until he or she has complied with the requirements of this chapter to the same extent that would be necessary if, at the time of the accident, he or she had held a license in this state. (b) When a nonresident's operating privilege is suspended pursuant to Code Section 40-9-33 or 40-9-61, the department shall transmit a certified copy ofthe record of such action to the official in charge of the issuance of licenses and registration certificates in the state in which such nonresident resides, if the law of such other state provides for action in relation thereto similar to that provided for in subsection (c) of this Code section. (c) Upon receipt of a certification that the operating privilege of a resident of this state has been suspended in another state pursuant to a law providing for its suspension for fuilure to deposit security for the payment of judgments arising out of a motor vehicle accident, under circumstances which would require the department to suspend a nonresident's operating privilege had the accident occurred in this state, the department shall suspend the license of such resident. Such suspension shall continue until such resident furnishes evidence of his or her compliance with the laws of such other state relating to the showing of proof of financial responsibility or reinstatement of operating privilege.

40-9-6. Reserved.

40-9-7. (a) Any person whose driver's license shall have been suspended under any provision of this chapter shall immediately return his or her license to the department. If any person shall fail to return such license to the department, the department shall direct any peace officer to secure possession thereof and to return it to the department. (b) Any person willfully failing to return his or her driver's license as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon

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conviction thereof, shall be punished by a fine not to exceed $500.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment.

40-9-8. Any person whose driver's license or nonresident's operating privilege has been suspended under this chapter and who, during such suspension, drives any motor vehicle upon any highway, except where permitted under this chapter, shall be guilty of a misdemeanor and, upon conviction thereof; shall be punished by imprisonment for not less than five days nor more than six months and there may be imposed in addition thereto a fine ofnot more than $500.00.

40-9-9. Whenever a driver's license is suspended under any provisions of this chapter and the filing of proof of financial responsibility is made a prerequisite to reinstatement of such license, no such license shall be reinstated unless the driver or owner, in addition to complying with the other provisions of this chapter, pays to the department a fee of $25.00. Only one such fee shall be paid hy any one person irrespective of the number of licenses to be reinstated. The fees paid pursuant to this Code section shall be expendable receipts to be used only by the department toward the cost of administration ofthis chapter.

40-9-10. This chapter shall in no respect be considered as a repeal of the state motor vehicle laws but shall be construed as supplemental thereto.

40-9-11. Nothing in this chapter shall be construed as preventing the plaintiff in any action at law from relying for reliefupon the other processes provided by law.

40-9-12. Any person who shall violate any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor.'

SECTION 20-2. Said Chapter 9 of Title 40 is further amended by striking Code Sections 40-9-30, relating to fees for accident reports, 40-9-31, relating to submitting accident reports, 40-9-32, relating to determination of requirement of security, and 40-9-33, relating to suspension of license and registration for noncompliance, and inserting in their place new Code sections to read as follows:
'40-9-30. The Department of Transportation shall charge a fee of $5.00 for each copy of any accident report received and maintained by that department pursuant to Code Section 40-6-273.

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40-9-31. Each state and local law enforcement agency shall submit to the Department of Transportation the original document ofany accident report prepared by such law enforcement agency or submitted to such agency by a member of the public. If the Department of Driver Services receives a claim requesting determination of security, the Department of Transportation shall provide a copy or an electronic copy of any relevant accident reports to the Department of Driver Services. A law enforcement agency may transmit the information contained on the accident report form by electronic means, provided that the Department of Transportation has first given approval to the reporting agency for the electronic reporting method utilized. The law enforcement agency shall retain a copy of each accident report. All such reports shall be submitted to the Department of Transportation not more than 15 days following the end of the month in which such report was prepared or received by such law enforcement agency.

40-9-32. (a) The department, not less than 30 days after receipt of an accident report or notice of an accident with respect to which a person claims under oath to have suffered damages and requests determination of security, shall determine the amount of security sufficient in its judgment to satisfy any judgment or judgments for damages resulting from such accident that may be recovered against each operator and owner. Such determination shall be made on the basis of the reports or other information submitted. Notwithstanding any other provisions of this chapter, the department shall not consider or take any action with respect to an accident report, notice of accident, or any claim filed under this Code section which is received more than six months after the date of the accident. (b) The department, upon determining the amount of security required, shall give written notice to each operator and owner of the amount of security required to be deposited by him or her. Such notice shall state that each operator"s license shall be suspended on the thirtieth day from the date of mailing of notice unless within that time the required security is deposited and such owner or operator shall give proof of financial responsibility for the future. The license of the one depositing the security will not then be suspended.
(c)(1) Any person so notified may, within ten days after receipt of such notification, make a written request to the department for a hearing. Such request shall operate as a stay of any suspension pending the outcome of such hearing. The scope of such hearing, for the purposes of this Code section, shall cover the issues of whether there is a reasonable possibility that a judgment could be rendered against such person in an action arising out of the accident and whether such person is exempt from the requirement of depositing security under Code Section 40-9-34. The department may also consider at such hearing the amount of security required. The requirements of depositing security under this Code section shall not apply to any person against whom

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the department has found that there is not a reasonable possibility of a judgment being rendered. (2) For the purposes of this Code section, a hearing may consist of a department determination of such issues, such determination to be based solely on written reports submitted by the operator or owner and by investigatory officers, provided that the owner or operator in his or her request to the department for a hearing has expressly consented to this type of hearing and that the department has also consented thereto. (d) Any person required to give security after a hearing as provided in subsection (c) of this Code section may petition for judicial review of the decision of the department, but suspension of such person's driver's license or operating privilege shall not be stayed while such appeal is pending. The superior court upon such appeal may consider the written reports considered by the department at the hearing as authorized by subsection (c) ofthis Code section.

40-9-33. (a) In the event that any person required to deposit security fails to deposit such security within 30 days from the date of mailing of notice as provided in Code Section 40-9-32 and such person does not make a timely request for a hearing, or in the event any person fails to deposit security after the department has determined that there exists a reasonable possibility of a judgment being rendered against such person, the department shall thereupon suspend:
( l) The driver's license of such person; and (2) If such person is a nonresident, the privilege of operating or permitting the operation of a vehicle within this state. (b) The license or nonresident's operating privilege shall remain so suspended and shall not be restored, nor shall any such license be issued to such person, nor shall such nonresident's operating privilege be restored, until: ( l) Such person shall deposit or there shall be deposited on his or her behalf the security and proof of financial responsibility for the future as required by this chapter; (2) One year shall have elapsed following the date of such suspension and evidence satisfactory to the department has been filed with it that during the period of suspension no action for damages arising out ofthe accident has been instituted; or (3) Evidence satisfactory to the commissioner has been filed with him or her of a release from liability or a fmal adjudication of nonliability.'

SECTION 20-3. Said Chapter 9 of Title 40 is further amended by striking Code Section 40-9-41, relating to inadmissibility of proceedings as evidence, and inserting in its place a new Code section to read as follows:
'40-9-41. Neither any accident report filed with the Department of Transportation, the action taken by the Department of Driver Services pursuant to this chapter, the

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findings, if any, of the department upon which such action is based, nor the security filed as provided in this chapter shall be referred to in any way, nor shall they be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.'

SECTION 20-4. Said Chapter 9 of Title 40 is further amended by striking Code Sections 40-9-61 relating to suspension of driving privileges and registrations for violations, 40-9-62 relating to duration of suspensions, and 40-9-63 relating to installment payment of judgments, and inserting in their place new Code sections to read as follows:
'40-9-61. (a) The department, upon receipt of a certified copy of an unsatisfied judgment, shall suspend the driver's license or nonresident's operating privilege of the person against whom such judgment was rendered except as provided in subsections (b) and (c) of this Code section. (b) If the judgment creditor consents, in writing, in such form as the department may prescribe, the department, in its discretion, may allow the judgment debtor to retain his or her license or nonresident's operating privilege for six months from the date of such consent and thereafter until such consent is revoked in writing, notwithstanding default irr the payment of such judgment or of any installments as provided in Code Section 40-9-63. (c) The department shall take no action pursuant to subsection (a) ofthis Code section if it shall find that an insurer was obligated to pay the judgment upon which suspension is based, at least to the extent and for the amounts required in this article, but has not paid such judgment fur any reason. Such fmding shall not be binding upon such insurer and shall have no legal effect whatever except for the purposes of administering this Code section. Whenever, in any judicial proceedings, it shall be determined by any final judgment, decree, or order that an insurer is not obligated to pay any such judgment, the department, notwithstanding any contrary :finding theretofore made by it, shall forthwith suspend the license or nonresident's operating privilege of any person against whom such judgment was rendered.

40-9-62. (a) A driver's license or nonresident's operating privilege suspended pursuant to Code Section 40-9-61 shall remain so suspended and shall not be renewed, nor shall any such license or registration be thereafter issued in the name of the judgment debtor, whether or not he or she was previously licensed, unless and until every such judgment is stayed, or satisfied in full or to the extent provided in subsection (b) of this Code section, subject to the exceptions provided in this article. (b) Judgment referred to in this article, which is based upon an accident which occurred on or after January 1, 2001, shall, for the purpose of this chapter only, be deemed satisfied:

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(1) When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of one person as the result of any one accident; (2) When, subject to such limit of $25 ,000.00 because of bodily injury to or death of one person, $50,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident; or (3) When $25,000.00 has been credited upon any judgment or judgments rendered in excess of that amount because of injury to or destruction of property of others as a result of any one accident. (c) Reserved. (d) Payments made in settlement of any claims because of bodily injury, death, or property damage arising from the accident shall be credited in reduction of the amounts provided for in this Code section.

40-9-63. (a) A judgment debtor, upon due notice to the judgment creditor, may apply to the court in which such judgment was rendered for the privilege of paying such judgment in installments, and the court, in its discretion and without prejudice to any other legal remedies which the judgment creditor may have, may so order and fix the amounts and times of payment of the installments. (b) The department shall not suspend a license or nonresident's operating privilege and shall restore any license or nonresident's operating privilege suspended following nonpayment of a judgment, when the judgment debtor obtains such an order permitting the payment of any such judgment in installments, and while the payment of any such installments is not in default.'

PART XXI Amendments to Chapter 40-11.
Abandoned Motor Vehicles. SECTION 21-1.

Chapter 11 of Title 40 of the Official Code of Georgia Annotated, relating to abandoned motor vehicles, is amended by striking Code Section 40-11-1, relating to definitions applicable to abandoned motor vehicles in general, and inserting in its place a new Code section to read as follows:
'40-11-1. As used in this article, the term:
(1) 'Abandoned motor vehicle' means a motor vehicle or trailer: (A) Which has been left by the owner or some person acting for the owner with an automobile dealer, repairman, or wrecker service for repair or for some other reason and has not been called for by such owner or other person within a period of30 days after the time agreed upon; or within 30 days after such vehicle is turned over to such dealer, repairman, or wrecker service

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when no time is agreed upon; or within 30 days after the completion of necessary repairs; (B) Which is left unattended on a public street, road, or highway or other public property for a period of at least five days and when it reasonably appears to a law enforcement officer that the individual who left such motor vehicle unattended does not intend to return and remove such motor vehicle. However, on the state highway system, any law enforcement officer may authorize the immediate removal of vehicles posing a threat to public health or safety or to mitigate congestion; (C) Which has been lawfully towed onto the property of another at the request of a law enforcement officer and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; (D) Which has been lawfully towed onto the property of another at the request of a property owner on whose property the vehicle was abandoned and left there for a period of not less than 30 days without anyone having paid all reasonable current charges for such towing and storage; or (E) Which has been left unattended on private property for a period of not less than 30 days. (2) 'Motor vehicle' or 'vehicle' means motor vehicle or trailer. (3) 'Owner' or 'owners' means the registered owner, the owner as recorded on the title, lessor, lessee, security interest holders, and all lienholders as shown on the records ofthe Department ofRevenue.'

SECTION 21-2. Said Chapter 11 of Title 40 is further amended in Code Section 40-11-2, relating to duty of person removing or storing motor vehicle, by striking subsections (e), (h), (i), and U) and inserting in their respective places new subsections to read as follows:
'(e) If none of the owners redeems such motor vehicle as described in subsection (d) of this Code section, or if a vehicle being repaired by a repair facility or being stored by an insurance company providing insurance to cover damages to the vehicle becomes abandoned, the person removing or storing such motor vehicle shall, within seven calendar days of the day such vehicle became an abandoned motor vehicle, give notice in writing, by sworn statement, on the form prescribed by the state revenue commissioner, to the Department ofRevenue with a research fee as fixed by rule or regulation payable to the Department of Revenue, stating the manufacturer's vehicle identification number, the license number, the fact that such vehicle is an abandoned motor vehicle, the model, year, and make of the vehicle, the date the vehicle became an abandoned motor vehicle, the date the vehicle was removed, and the present location of such vehicle and requesting the name and address of all owners of such vehicle. Ifthe form submitted is rejected because of inaccurate or missing information, the person removing or storing the vehicle shall resubmit, within seven calendar days of the date of the rejection, a corrected notice form together with an additional research fee as fixed by rule or

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regulation payable to the Department of Revenue. Each subsequent corrected notice, if required, shall be submitted with an additional research tee as fixed by rule or regulation payable to the Department of Revenue. If a person removing or storing the vehicle has knowledge of facts which reasonably indicate that the vehicle is registered or titled in a certain other state, such person shall check the motor vehicle records of that other state in the attempt to ascertain the identity of the owner of the vehicle. Research requests may be submitted and research tees made payable to the office of the tax commissioner and deposited in the general fund for the county in which the remover's or storer' s place of business is located in lieu of the Department of Revenue, but in like manner, if such office processes motor vehicle records of the Department ofRevenue.' '(h) The Department of Revenue shall provide to the Georgia Crime Information Center all relevant information from sworn statements described in subsection (e) of this Code section for a determination of whether the vehicles removed have been entered into the criminal justice information system as stolen vehicles. The results of the determination shall be provided electronically to the Department of Revenue. (i) Any person storing a vehicle under the provisions of this Code section shall notify the Department of Revenue if the vehicle is recovered, is claimed by the owner, is determined to be stolen, or for any reason is no longer an abandoned motor vehicle. Such notice shall be provided within seven calendar days of such event. (j) Ifvehicle information on the abandoned motor vehicle is not in the files ofthe Department of Revenue, the department may require such other information or confirmation as it determines is necessary or appropriate to determine the identity of the vehicle.'

SECTION 21-3 Said Chapter 11 of Title 40 is further amended in Code Section 40-11-3, relating to removal of vehicles from public property, by striking subsection (b) and paragraph (I) of sub section (d) and inserting in their respective places a new subsection and paragraph to read as follows:
'(b) Any law enforcement officer who fmds a motor vehicle which has been left unattended on the state highway system shall be authorized to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion. Any peace officer who finds a motor vehicle which has been left unattended on a public street, road, or highway or other public property, other than the state highway system, shall be authorized immediately to cause such motor vehicle to be removed immediately to a garage or other place of safety when such motor vehicle poses a threat to public health or safety or to mitigate congestion.'
'(d)(l) Any peace officer or the law enforcement agency which causes a motor vehicle to be removed to a garage or other place of safety or which is notified of the removal of a motor vehicle from private property shall within 72 hours from the time of removal or notice and if the owner is unknown attempt to

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determine vehicle ownership through official inquiries to the Department of Revenue vehicle registration and vehicle title files. These inquiries shall be made from authorized criminal justice information system network terminals.'

SECTION 21-4. Said Chapter 11 of Title 40 is further amended in Code Section 40-11-5, relating to foreclosure ofliens, by striking paragraphs (2) and (3) and inserting in their place new paragraphs to read as follows:
'(2) The person desiring to foreclose a lien on an abandoned motor vehicle shall, by certified or registered mail or statutory overnight delivery, make a demand upon the owners for the payment of the reasonable fees for removal and storage plus the costs of any notification or advertisement. Such written demand shall include an itemized statement of all charges and may be made concurrent with the notice required by subsection (f) ofCode Section 40-11-2. Such demand shall be made on a form prescribed by rule or regulation of the Department of Revenue and shall notify the owner of his or her right to a judicial hearing to determine the validity of the lien. The demand shall further state that failure to return the written demand to the lien claimant, file with a court ofcompetent jurisdiction a petition for a judicial hearing, and provide the lien claimant with a copy of such petition, all within ten days of delivery of the lien claimant's written demand, shall effect a waiver of the owner's right to such a hearing prior to sale. The form shall also provide the suspected owner with the option of disclaiming any ownership of the vehicle, and his or her affidavit to that effect shall control over anything contrary in the records of the Department of Revenue. No such written demand shall be required if the identity of the owner cannot be ascertained and the notice requirements of subsection (g) of Code Section 40-11-2 have been complied with;
(3)(A) If, within ten days of delivery to the appropriate address of the written demand required by paragraph (2) of this Code section, the owner of the abandoned motor vehicle fails to pay or file with the court a petition for a judicial hearing with a copy to the lien claimant in accordance with the notice provided pursuant to paragraph (2) of this Code section, or if the owner of the abandoned motor vehicle cannot be ascertained, the person removing or storing the abandoned motor vehicle may foreclose such lien. The person asserting such lien may move to foreclose by making an affidavit to a court of competent jurisdiction, on a form prescribed by rule or regulation of the Department of Revenue, showing all facts necessary to constitute such lien and the amount claimed to be due. Such affidavit shall aver that the notice requirements of Code Section 40-11-2 have been complied with, and such affidavit shall also aver that a demand for payment in accordance with paragraph (2) of this Code section has been made without satisfaction or without a timely filing of a petition for a judicial hearing or that the identity of the owner cannot be ascertained. The person foreclosing shall verify the statement by oath or affirmation and shall aff'JX his or her signature thereto.

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(B) Regardless of the court in which the affidavit required by this paragraph is filed, the fee for filing such affidavit shall be $10.00 per motor vehicle upon which a lien is asserted;'.

SECTION 21-5. Said Chapter 11 of Title 40 is further amended by striking Code Section 40-11-7, relating to purchasers of abandoned motor vehicles, and inserting in its place a new Code section to read as follows:
'40-11-7 0 The purchaser at a sale as authorized in this article shall receive a certified copy of the court order authorizing such sale. Any such purchaser may obtain a certificate of title to such motor vehicle by filing the required application, paying the required fees, and filing a certified copy of the order of the court with the Department of Revenue. The Department of Revenue shall then issue a certificate qftitle, which shall be free and clear of all liens and encumbrances:

SECTION 21-6. Said Chapter 11 ofTitle 40 is further amended in Code Section 40-11-9, relating to derelict motor vehicles, by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:
'(a) If a motor vehicle has been left unattended on private property for not less than two days or on public property for not less than three days without the owner or driver making any attempt to recover such vehicle or to leave a conspicuously placed note that such owner or driver intends to return for such vehicle; or, if a conspicuous note was left, if the motor vehicle has been left unattended for not less than five days and if because of damage, vandalism, theft, or fire the vehicle is damaged to the extent that its restoration to an operable condition would require the replacement of one or more major component parts or involves any structural damage that would affect the safety of the vehicle; or if there is evidence that the vehicle was inoperable due to major mechanical breakdown at the time it was left on the property, such as the engine, transmission, or wheels missing, no coolant in the cooling system, no oil in the engine, or burned fluid in the transmission; or if the vehicle is seven or more years old; or if the vehicle is not currently tagged or is not verifiable by the state as to who is the current owner or lienholder of the vehicle; or if the vehicle has been abandoned to a wrecker service by an insurance company and the owner following the insurance company's making a total loss payment, then any person removing such vehicle shall within 72 hours of removing such vehicle obtain the identity of and address of the last known registered owner of the vehicle, the owner of the vehicle as recorded on the certificate of title of such vehicle, and any security interest holder or lienholder on such vehicle from the local law enforcement agency of the jurisdiction in which the vehicle was located. If the law enforcement agency shows no information on the vehicle, then a request for such information shall be sent to the Department of Revenue. Within 72 hours after obtaining such information, the person removing such vehicle shall, by certified mail or statutory

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overnight delivery, return receipt requested, notify the registered owner, title owner, and security interest holder or lienholder of the vehicle that such vehicle will be declared a derelict vehicle and the title to such vehicle will be canceled by the Department of Revenue if such person or persons fail to respond within ten days of receipt of such notice. The state revenue commissioner shall prescribe the form and content of such notice . If the registered owner, title owner, or security interest holder or lienholder fails to respond within 30 days from the date of such notice by certified mail or statutory overnight delivery, and if the vehicle is appraised as having a total value of!ess than $3 00.00, the vehicle shall be considered to be a derelict vehicle. The value of the vehicle shall be determined as 50 percent of the wholesale value of a similar car in the rough section of the National Auto Research Black Book, Georgia Edition, or if a similar vehicle is not listed in such book or, regardless of the model year or book value of the vehicle, if the vehicle is completely destroyed by fire, flood, or vandalism or is otherwise damaged to the extent that restoration of the vehicle to a safe operable condition would require replacement of more than 50 percent of its major component parts, the person shall obtain an appraisal of the motor vehicle from the local law enforcement agency's auto theft section with jurisdiction in the county or municipality where such vehicle is located. Any person removing a vehicle shall complete a form, to be provided by the Department of Revenue, indicating that the vehicle meets at least four of the above-stated eight conditions for being a derelict vehicle and shall file such form with the Department of Revenue and the law enforcement agency with jurisdiction from which such vehicle was removed. (b) Upon determination that a vehicle is a derelict motor vehicle as provided in subsection (a) ofthis Code section, it may be disposed of by sale to a person who scraps, dismantles, or demolishes motor vehicles, provided that such vehicle may be sold for scrap or parts only and shall in no event be rebuilt or sold to the general public. Any person disposing of a derelict motor vehicle shall, prior to disposing of such vehicle, photograph such vehicle and retain with such photograph the appraisal required in subsection (a) ofthis Code section and the notice to the Department of Revenue required in this subsection for a period of three years after its disposition. Such person shall also notify the Department of Revenue of the disposition of such vehicle in such manner as may be prescribed by the state revenue commissioner. The Department of Revenue shall cancel the certificate of title for such vehicle and shall not issue a rebuilt or salvage title for such vehicle.'

SECTION 21-7. Said Chapter 11 of Title 40 is further amended by striking Code Section 40-11-24, relating to identification numbers of forfeited motor vehicles and components, and inserting in its place a new Code section to read as follows:
'40-11-24. Prior to the property's being sold or returned to the owner or otherwise disposed of, the Department ofRevenue shall assign it a new identification number.'

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PART XXII Amendments to Chapter 40-13. Prosecution of traffic offenses.
SECTION 22-1.

Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to prosecution of traffic offenses, is amended by striking Code Section 40-13-1, relating to uniform traffic citation forms, and inserting in its place a new Code section to read as follows:
'40-13-1. The commissioner of driver services shall develop a uniform traffic citation and complaint form for use by all law enforcement officers who are empowered to enforce the traffic laws and ordinances in effect in this state. Such form shall serve as the citation, summons, accusation, or other instrument of prosecution of the offense or offenses for which the accused is charged, and as the record of the disposition of the matter by the court before which the accused is brought, and shall contain such other matter as the commissioner shall provide. Each such form shall have a unique identifYing number which shall serve as the docket number for the court having jurisdiction of the accused.

SECTION 22-2. Said Chapter 13 of Title 40 is further amended by striking Code Section 40-13-3, relating to reports of disposition of traffic citations, and inserting in it place a new Code section to read as follows:
'40-13-3. Except for offenses tried in the superior courts, all other courts having jurisdiction of the offense may proceed with the adjudication of the offenses contained within the complaint without the necessity of filing an indictment or other accusation in order to bring the accused to trial. The judge or clerk of each court before whom a person accused of such an offense is brought shall promptly report the final disposition of the case to the Department of Driver Services. Notwithstanding the reporting requirements of this Code section, the Department of Driver Services may by rule or regulation relieve the judge or clerk of each such court of the responsibility of reporting those offenses which do not result in convictions or adjudications of guilt or pleas of nolo contendere:

SECTION 22-3. Said Chapter 13 ofTitle 40 is further amended in Code Section 40-13-32, relating to change of sentences in traffic cases, by striking subsections (b) and (c) and inserting in their place new subsections to read as follows:
'(b) If the original judgment is changed or modified pursuant to this Code section, the judge shall certify to the Department of Driver Services that such change or modification is a true and correct copy of the change or modification and that the requirements set forth in paragraphs (1) through (3) of subsection (a) of this Code section have been met.

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(c) Except for orders correcting clerical errors, the Department of Driver Services shall not recognize as valid any change or modification order nor make any changes to a driver's history unless such change or modification as submitted to the department is in strict compliance with the requirements set forth in subsections (a) and (b) of this Code section.'

SECTION 22-4. Said Chapter 13 of Title 40 is further amended in Code Section 40-13-33, relating to habeas corpus challenges to traffic convictions, by striking subsection (c) and inserting in its place a new subsection to read as follows:
'(c) When the commissioner of driver services is named as the respondent, all such petitions must be brought in the Superior Court of Fulton County.'

SECTION 22-5. Said Chapter 13 of Title 40 is further amended in Code Section 40-13-53, relating to procedure in traffic violation bureau cases, by striking subsection (b) and inserting in its place a new subsection to read as follows:
'(b) The following offenses shall not be handled or disposed of by a traffic violations bureau:
(I) Any offense for which a driver's license may be suspended by the commissioner of driver services; (2) Any motor vehicle registration violation; (3) A violation of Code Section 40-5-20; (4) Speeding in excess of 30 miles per hour over the posted speed limit; or (5) Any offense which would otherwise be a traffic violations bureau offense but which arose out of the same conduct or occurred in conjunction with an offense which is excluded from the jurisdiction of the traffic violations bureau. Any such offense shall be subject to the maximum punishment set by law.'

SECTION 22-6. Said Chapter 13 of Title 40 is further amended by striking Code Section 40-13-54, relating to processing of citations by traffic violations bureaus, and inserting in its place a new Code section to read as follows:
'40-13-54. The original citation and complaint shall be sent by the officer issuing it to the traffic violations bureau of the court within 24 hours of the arrest. The defendant named in the citation shall be given the second copy. The officer issuing the citation and complaint shall retain one copy for himself or herself; and the court may, by order, provide that an additional copy shall be made for the use of any municipality in the county or the Department of Driver Services.'

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PART XXIII Amendments to Chapters 40-14 and 40-15. Traffic enforcement devices and motorcycle safety programs.
SECTION 23-1.

Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to traffic enforcement devices, is amended by striking Code Section 40-14-16, relating to effect of certain speeding violations on driver licensing, and inserting in its place a new Code section to read as follows:
'40-14-16. No speeding violation ofless than ten miles per hour above the legal speed limit in the county or municipality or on a college or university campus in which a person is given a speeding ticket shall be used by the Department of Driver Services for the purpose of suspending or revoking the driver's license of the violator. No speeding violation report by a county, municipality, or college or university campus to the Department of Driver Services which fails to specify the speed of the violator shall be used by the Department of Driver Services to revoke the driver's license of a violator.'

SECTION 23-2. Chapter 15 of Title 40, relating to motorcycle safety programs, is amended in Code Section 40-15-l, relating to definitions applicable to said chapter, by striking paragraphs (1) through (4) and inserting in their place new paragraphs to read as follows:
'(1) 'Board' means the Board of Driver Services. (2) 'Commissioner' means the commissioner of driver services. (3) 'Coordinator' means the state-wide motorcycle safety coordinator provided for in Code Section 40-15-4. (4) 'Department' means the Department of Driver Services.'

PART XXIV Amendments to Chapter 8 of Title 42.
Probation. SECTION 24-1.

Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended in Code Section 42-8-26, relating to probation supervisors, by striking paragraph (2) of subsection (c) and inserting in its place a new paragraph to read as follows:
'(2) No supervisor shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department ofDriver Services.'

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SECTION 24-2. Said Chapter 8 of Title 42 is further amended in Code Section 42-8-1 04, relating to prohibited conflicts of interest relative to agreements for probation services, by striking paragraph (1) of subsection (c) and inserting in its place a new paragraph to read as follows:
'(c)( 1) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article on or after January 1, 1997, nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Driver Services.'

SECTION 24-3. Said Chapter 8 ofTitle 42 is further amended by striking subsections (a) and (d) of Code Section 42-8-11 0, relating to ignition interlock devices in general, and inserting in their respective places new subsections to read as follows:
'(a) As used in this article, the term 'ignition interlock device' means a constant monitoring device certified by the commissioner of driver services which prevents a motor vehicle from being started at any time without first determining the equivalent blood alcohol concentration of the operator through the taking of a deep lung breath sample. The system shall be calibrated so that the motor vehicle may not be started if the blood alcohol concentration of the operator, as measured by the device, exceeds 0.02 grams or ifthe sample is not a sample of human breath. '(d) A provider center shall be authorized to charge the person whose vehicle is to be equipped with an ignition interlock device such installation, deinstallation, and user fees as are approved by the Department of Driver Services. A provider center may also require such person to make a security deposit for the safe return of the ignition interlock device. Payment of any or all of such fees and deposits may be made a condition ofprobation under this order.'

SECTION 24-4. Said Chapter 8 of Title 42 is further amended by striking subsection (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, and inserting in its place a new subsection to read as follows:
'(c) In the case of any person subject to the provisions of subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department ofDriver Services notice of the requirement for, and the period ofthe requirement for, the use of a certified ignition interlock device. Such notice shall specify any exemption from the installation requirements of paragraph (1) of subsection (a) of this Code section and any vehicles subject to the installation requirements of paragraph (2) of said subsection. The records of the Department of Driver Services shall contain a record reflecting mandatory use of such device and the person's driver's license or limited driving permit shall

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contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device:

SECTION 24-5. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-112, relating to required proof of compliance for reinstatement of certain licenses and for probationary licenses, and inserting in its place a new Code section to read as follows:
'42-8-112. (a) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is not suspended or revoked, the court shall require the person to surrender his or her driver's license to the court immediately and provide proof of compliance with such order to the court or the probation officer and obtain an ignition interlock device restricted driving license within 30 days. Upon expiration ofthe period of time for which such person is required to use an ignition interlock device, the person may apply fur and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 and receipt of the restricted driving license within such period, absent a fmding by the court of good cause for that failure, which finding is entered in the court's record, the court shall revoke or terminate the probation.
'(b)(1) In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the probation officer and the Department of Driver Services not later than ten days after the date on which such person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violator's probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 within the period required by this subsection, absent a fmding by the court of good cause for that failure, which finding is entered on the court's record, the court shall revoke or terminate the probation if such is still applicable. (2) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her driver's license during the period of suspension, such person shall, prior to applying for reinstatement of the license, have an ignition interlock device installed and shall maintain such ignition interlock device in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months running concurrently with that of an ignition interlock device limited driving permit, which permit shall not be issued until such person submits to the department

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proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof of having undergone any clinical evaluation and of having enrolled in any substance abuse treatment program required by Code Section 40-5-63.1, and proof of installation of an ignition interlock device on a vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111. Such a person may apply fur and be issued an ignition interlock device limited driving permit at the end of 12 months after the suspension of the driver's license. At the expiration of such six-month ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular driver's license upon payment of the fee provided in Code Section 40-5-25. (3) Ifthe person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violator's probationary license, such person shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, have an ignition interlock device installed and maintained in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months fullowing issuance of the probationary license, and such person shall not during such six-month period drive any motor vehicle that is not so equipped, all as conditions of such probationary license. Following expiration of such six-month period with no violation of the conditions of the probationary license, the person may apply for a habitual violator probationary license without such ignition interlock device condition. (4) In any case where installation of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator's probationary license or the immediate suspension or revocation of such license. (c) Each resident ofthis state who is required to have an ignition interlock device installed pursuant to this article shall report to the provider center every 30 days for the purpose of monitoring the operation of each required ignition interlock device. If at any time it is determined that a person has tampered with the device, the Department of Driver Services shall be given written notice within five days by the probation officer, the court ordering the use of such device, or the interlock provider. If an ignition interlock device is found to be malfunctioning, it shall be replaced or repaired, as ordered by the court or the Department of Driver Services, at the expense ofthe provider. (d)( 1) If a person required to report to an ignition interlock provider as required by subsection (c) of this 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 Driver Services shall revoke such persons ignition interlock device limited driving permit 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 a written request

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for a hearing and remit to the department a payment of $25 0.00 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 ofDriver Services shall hold a hearing as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) Any person whose ignition interlock device limited driving permit was revoked on or before July I, 2004, for failure to report or failure to receive a satisfactory report may make a 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 for a hearing and a payment of $250.00, the Department of Driver Services 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 Driver Services shall issue a new ignition interlock device limited driving permit 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 proofthat 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 permit to such person. (5) This subsection shall not apply to any person convicted of violating Code Section 42-8-118.'

SECTION 24-6. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-115, relating to certification ofignition interlock devices, and inserting in its place a new Code section to read as follows:
'42-8-115. (a) The commissioner of driver services or the commissioner's designee shall certify ignition interlock devices required by this article and the providers of such devices and shall promulgate rules and regulations for the certification of said devices and providers. The standards for certification of such devices shall

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include, but not be limited to, those standards for such devices promulgated by the National Highway Traffic Safety Administration and adopted by rule or regulation ofthe Department ofDriver Services. (b) The commissioner of driver services may utilize information from an independent agency to certify ignition interlock devices on or off the premises of the manufacturer in accordance with rules and regulations promulgated pursuant to this article. The cost of certification shall be borne by the manufacturers of ignition interlock devices. (c) The commissioner of driver services shall adopt rules and regulations fur determining the accuracy of and proper use of the ignition interlock devices in full compliance with this article. No model of ignition interlock device shall be certified unless it meets the accuracy requirements specified by such rules and regulations.'

SECTION 24-7. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-116, relating to warning labels affixed to ignition interlock devices, and inserting in its place a new Code section to read as follows:
'42-8-116. The providers certified by the Department of Driver Services shall design and adopt pursuant to regulations of the department a warning label which shall be affixed to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or otherwise misusing the device is guilty of a misdemeanor and may be subject to civil liability.'

SECTION 24-8. Said Chapter 8 of Title 42 is further amended by striking Code Section 42-8-117, relating to revocation of driving privilege upon violation of probation, and inserting in its place a new Code section to read as follows:
'42-8-117. (a)( 1) In the event the sentencing court finds that a person has violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111, the Department ofDriver Services shall revoke that person's driving privilege for one year from the date the court revokes that person's probation. The court shall report such probation revocation to the Department of Driver Services by court order. (2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) ofCode Section 42-8-112.
(b) In the event the sentencing court finds that a person has twice violated the terms of probation imposed pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Driver Services shall revoke that person's driving privilege for five years from the date the court revokes that person's probation for a second time. The court shall report such probation revocation to the Department ofDriver Services by court order.'

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PART XXV Amendments to Title 43. Professions and businesses.
SECTION 25-1.

Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended in Code Section 43-13-2, relating to definitions applicable to driver training instructors and schools, by striking paragraphs (1) through (4) and inserting in their place new paragraphs to read as follows:
'(2) 'Department' means the Department of Driver Services acting directly or through its duly authorized officers and agents. (3) 'Driver training schools' means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class C or Class M motor vehicles in this state, except for motorcycle operator safety training programs conducted by or on behalfofthe Department ofDriver Services pursuant to Chapter 15 ofTitle 40. (1) 'Commercial driver training school' means any person, partnership, limited liability company, or corporation giving driving instruction for hire to ten or more persons per calendar year for the purpose of assisting such persons to meet the requirements for licensed driving of Class A or Class B motor vehicles in this state. (4) 'Driver's license examiners' means examiners appointed by the Department of Driver Services for the purpose ofgiving driver's license examinations.'

SECTION 25-2. Said Title 43 is further amended in Code Section 43-13-8, relating to rules, regulations, and penalties applicable to driver training instructors and schools, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) The commissioner of driver services is authorized to prescribe, by rule, standards for the eligibility, conduct, equipment, and operation of driver training schools and instructors and commercial driver training schools and instructors and to adopt other reasonable rules and regulations to carry out this chapter. Notwithstanding the foregoing, violations that are minor in nature and committed by a person, firm, or corporation shall be punished only by a written reprimand unless the person, firm, or corporation fails to remedy the violation within 30 days, in which case an administrative fine, not to exceed $250.00, may be issued.'

SECTION 25-3. Said Title 43 is further amended by striking Code Section 43-43-3, relating to duties of scrap metal processors with respect to motor vehicle titles and license plates, and inserting in its place a new Code section to read as follows:

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'43-43-3. Should a scrap metal processor be presented the certificate of title or vehicle license plate for any vehicle or scrap vehicle purchased, that scrap metal processor shall mail or deliver the same to the Department of Revenue as required by law:

SECTION 25-4. Said Title 43 is further amended in Code Section 43-47-3, relating to the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers, by striking paragraph (3) of subsection (a) and paragraphs (2) and (3) of subsection (d) and inserting in their respective places new paragraphs to read as follows:
'(3) The state revenue commissioner, or a designated agent, shall be a permanent ex officio member and shall be authorized to vote on all matters before the board;' '(2) The members of the used car division shall be the three independent used car dealers, two of the members from the public at large, the state revenue commissioner or a designated agent, the administrator of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' or a designated agent, the representative of the automobile auction industry, and the pawnbroker. All powers and duties relating to used car dealers which are not specifically reserved to the board shall be assigned to the used car division. The used car division shall elect one of its members to serve as chairperson of the division for a period of one year. (3) The members of the used parts division shall be the third member from the public at large, the state revenue commissioner or a designated agent, the auto salvage poo1 operator, the two used motor vehicle parts dealers who are not rebuilders, the rebuilder, and the representative of the automobile insurance industry. All powers and duties relating to used parts dealers which are not specifically reserved to the board shall be assigned to the used parts division. The used parts division shall elect one of its members to serve as chairperson of the division for a period of one year:

SECTION 25-5. Said Title 43 is further amended in Code Section 43-47-8, relating to licensing of used motor vehicle and used motor vehicle parts dealers, by striking subsection (d) and inserting in its place a new subsection to read as follows:
'(d) Each division may require either that within the preceding year the applicant has attended a training and information seminar approved by the division or that the applicant has passed a test approved by the division and administered by the division director. Such seminar or test, if required, shall include, but shall not be limited to, dealer requirements ofthis chapter, including books and records to be kept; requirements of the Department of Revenue; and such other infOrmation as in the opinion of the division will promote good business practices. No seminar shall exceed one day in length."

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SECTION 25-6. Said Title 43 is further amended by striking Code Section 43-47-11.1, relating to dealer registration plates for used motor vehicle and used motor vehicle parts dealers, and inserting in its place a new Code section to read as follows:
'43-47-11.1. As provided by law, every licensee who transfers a used motor vehicle title within this state shall register with the state revenue commissioner, making application for a dealer's registration plate. No person not licensed in accordance with this chapter shall be entitled to receive or use any dealer's registration plates for motor vehicles under the motor vehicle laws of this state providing fur the issuance of such plates.'

SECTION 25-7. Said Title 43 is further amended by striking Code Section 43-47-15, relating to compliance with rules and regulations relating to wrecked and salvage motor vehicles, and inserting in its place a new Code section to read as follows:
'43-47-15. Any licensee who purchases a wrecked or salvage motor vehicle or rebuilds a wrecked or salvage motor vehicle shall fully comply with Chapter 3 of Title 40, the 'Motor Vehicle Certificate of Title Act,' regarding titling and inspection of salvage and rebuilt vehicles, and shall comply with any rules and regulations adopted by the state revenue commissioner pursuant to this chapter.'

PART XXVI Amendments to Code Section 44-1-13. Removal of improperly parked cars or trespassing personal property.
SECTION 26-1.

Code Section 44-1-13 of the Official Code of Georgia Annotated, relating to removal of improperly parked cars or trespassing personal property, is amended by striking subsections (a) and (b) and inserting in their place new subsections to read as follows:
'(a) As used in this Code section, the term: (1) 'Commission' means the Public Service Commission. (2) 'Private property' mearis any parcel or space of private real property.
(a.l) Any person or his or her authorized agent entitled to the possession of any private property shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of

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said recovery, and information as to the form of payment; provided, however, that the owner of residential private property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the commission, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property. (b) Except as provided in subsection (d) of this Code section, the commission shall have the authorization to regulate and control the towing of trespassing vehicles on private property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage frrms found to be in violation of this Code section. The commission is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00.'

PART XXVII Amendments to Chapter 45-9. Insuring and indemnification of public officers and employees.
SECTION 27-1.

Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of public officers and employees, is amended in Code Section 45-9-81, relating to definitions applicable to the indemnification fund for certain state employees, by striking paragraph (6) and inserting in its place a new paragraph to read as follows:
'(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtueofpublic employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions ofsupervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor.'

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SECTION 27-2. Said Chapter 9 of Title 45 is further amended in Code Section 45 -9-l 02, relating to definitions applicable to a temporary disability compensation program for certain state employees, by striking paragraph (6) and inserting in its place a new paragraph to read as follows:
'(6) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enfurce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation ofcrime. Such term also includes prison guards as defined under Code Section 45-9-81 and the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision.

PART XXVIII Amendments to Title 46. Public utilities and public transportation.
SECTION 28-1.

Title 46 of the Official Code of Georgia Annotated, relating to public utilities and pub lie transportation, is amended in Code Section 46-1 -1, relating to definitions applicable to said title, by striking the following: paragraph (7); division (9)(C)(ii); divisions (9)(C)(x) through (9)(C)(xiii); paragraph (11); and paragraph (18) and inserting in their respective places new paragraphs and divisions to read as follows:
'(7) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commission may provide for by regulation; provided, however, that such term shall not include property being moved from a factory or store except when such property has been purchased by a householder with the intent to use such property in a dwelling and such property is transported at the request of, and with transportation charges paid by, the householder.'
'(ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits ofsuch municipalities;' '(x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin,

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warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term 'producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term 'agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commissioner of public safety only for application to such vehicles and vehicles defined in subparagraph (A) ofparagraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commissioner of public safety shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Natural Resources and the Environment Committee and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commissioner of public safety shall be effective July 1, 1991; (xi) Reserved; (xii) Reserved; (xiii) Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the state revenue commissioner, register and identify any of its vehicles, and become subject to the state revenue commissioner's liability insurance and vehicle safety rules;' '( 11) 'Permit' means a registration permit issued by the state revenue commissioner authorizing interstate transportation for hire exempt from the jurisdiction of the United States Department of Transportation or intrastate passenger transportation for hire exempt from the jurisdiction of the state revenue commissioner or intrastate transportation by a motor carrier of property.'

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'(18) 'Vehicle' or 'motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the state revenue commissioner.'

SECTION 28-2. (a) Said Title 46 is further amended by striking Code Section 46-7-1, relating to defmitions applicable to motor carriers, and inserting in its place a new Code section to read as follows:
'46-7-1. As used in this chapter, the term 'commission' means the Public Service Commission.' (b) Said Title 46 is further amended throughout Chapter 7, relating to motor carriers and limousine carriers, by striking the term "commissioner" each place it appears in said chapter in a Code section not otherwise amended by this Act and inserting in each such place the term "commission". (c) Said Title 46 is further amended in said Chapter 7 by striking the terms "his or her" and ''he or she" and inserting respectively "its" and "it" in the following Code sections: (1) Code Section 46-7-4, relating to issuance of certificates of authority; (2) Code Section 46-7-7, relating to determination of issuance of certificates; (3) Code Section 46-7-13, relating to temporary emergency operating authority; and (4) Code Section 46-7-33, relating to administrative proceedings.

SECTION 28-2.1. Said Title 46 is further amended by striking Code Section 46-7-12, relating to bond and insurance requirements, and inserting in its place new Code Sections 46-7-12 and 46-7-12.1 to read as fullows:
'46-7-12. (a) No motor carrier of household goods or passengers shall be issued a certificate unless there is filed with the commission a certificate of insurance for such applicant or holder on forms prescribed by the commission evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents; and, in the case of vehicles transporting household goods, to secure the owner or person entitled to recover against loss or damage to such household goods for which the motor carrier may be legally liable. The commission shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof The insurer shall file such certificate. The failure to file any form required by the commission shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer.

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(b) The commission shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants. (c) It shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract.

46-7-12.1. (a) No motor common carrier or motor contract carrier shall be issued a permit unless there is filed with the state revenue commissioner a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection of passengers in the case of passenger vehicles and for protection of the public against injury proximately caused by the negligence of such motor common or motor contract carrier, its servants, or its agents. The state revenue commissioner shall determine and fiX the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the state revenue commissioner shall not diminish the rights of any person to pursue an action directly against a motor common or motor contract carrier's insurer. (b) The state revenue commissioner shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in his or her opinion the fmancial ability of the motor common or motor contract carrier so warrants. (c) It shall be permissible under this article for any person having a cause of action arising under this article to join in the same action the motor common or motor contract carrier and the insurance carrier, whether arising in tort or contract.'

SECTION 28-3. Said Title 46 is further amended by striking Code Section 46-7-15, relating to registration and licensing of carriers, Code Section 46-7-15.1, relating to permits for carriers of property, Code Section 46-7-16, relating to certain permitting and registration of certain types of carriers, and 46-7-17, relating to designation and maintenance of agents for service on nonresident carriers, and inserting in their place new Code sections to read as follows:
'46-7-15. (a) Except as otherwise provided in this Code section, before any motor common or contract carrier engaged in exempt passenger intrastate commerce as provided for in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the state revenue commissioner by making application therefor on forms supplied by the state revenue commissioner and paying a $25.00 filing fee. The application shall show the operations claimed to be exempt. A carrier's registration permit shall be valid so long as there is no

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change in its operating authority but may be amended to reflect any changes by application to the state revenue commissioner on a form provided by the state revenue commissioner and payment of a $5.00 filing :fue. (b) Every motor carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the state revenue commissioner for the issuance ofan annual identification and registration stamp or stamps, make application for the registration of all motor vehicles to be operated under such certificate or permit, in such manner and form as the state revenue commissioner may by rule or regulation prescribe, and shall pay to the state revenue commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. (c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the state revenue commissioner of a fee of $8.00 for each vehicle so registered. Upon such registration, the state revenue commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle. (e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor carrier, or on the equipment of a motor carrier, or on the right of a motor carrier to operate such equipment, or on any incidents of the business ofa motor carrier.

46-7-15.1. (a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the state revenue commissioner by making application therefor on forms supplied by the state revenue commissioner and paying a $50.00 filing fee. The application shall be in writing and under oath and shall include such information as the state revenue commissioner may require including, but not limited to:
(I) Whether hazardous materials will be transported; (2) The number and type of vehicles to be utilized; (3) The carrier's safety record and safety rating;

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(4) Proof of compliance with applicable insurance or self-insurance requirements; and (5) Evidence that the carrier's representative or representatives have completed an educational seminar on motor carrier operations and applicable safety regulations which has been certified by the state revenue commissioner. (b) The state revenue commissioner shall issue the motor carrier of property permit if the application is complete and the applicant demonstrates compliance with the laws of this state and the rules and regulations regarding insurance and safety, including the handling of hazardous materials. The state revenue commissioner may refuse to issue a permit where the applicant has failed to show compliance with the applicable laws and rules and regulations. In any such instance where a permit is denied, the applicant shall, upon request made within 30 days of the date of denial, be entitled to a hearing to contest such denial of a permit. (c) The state revenue commissioner may, at any time after notice and a hearing, suspend, revoke, alter, or amend any permit issued under this title if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the state revenue commissioner, any provisions of this title, or any other law of this state regulating or providing for the taxation of motor vehicles.

46-7-16. (a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the state revenue commissioner or the carrier's designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law. (b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall first:
(I) Secure a registration permit from the state revenue commissioner by making application therefor on forms supplied by the state revenue commissioner and paying a $25.00 filing fee. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the state revenue commissioner on forms supplied by the state revenue commissioner and payment of a $5.00 filing fee; (2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the state revenue commissioner fur the issuance of an annual identification and registration stamp or stamps, make application for the

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registration of all motor vehicles to be operated under such permit, in such manner and form as the state revenue commissioner may by rule or regulation prescribe, and shall pay to the state revenue commissioner a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the state revenue commissioner is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and (3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes. (c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the state revenue commissioner of a fee of $8.00 for each vehicle so registered; and upon such payment, the state revenue commissioner shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Where a carrier has not previously qualified with the state revenue commissioner to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the state revenue commissioner as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle. (e) Reserved. (f) It shall not be necessary for any motor carrier to obtain a permit from the state revenue commissioner when such carrier is engaged solely in interstate commerce over the public highways of this state.

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46-7-17. (a) Each nonresident motor carrier shall, before any permit is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service ofprocess upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be ftled in the office of the state revenue commtsswner. Upon failure of any nonresident motor carrier to file such designation with the state revenue commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail or statutory overnight delivery by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of$10.00. (b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor common or contract carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the state revenue commissioner, may be brought in the county where the cause of action or some part thereof arose; and ifthe motor common or contract carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor common or contract carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided bylaw.'

SECTION 28-4. Said Title 46 is further amended by striking Code Section 46-7-23, relating to examination of records of carriers, and inserting in its place a new Code section to read as follows:
'46-7-23. The commission shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this article, which books and accounts shall be preserved for such reasonable time as may be prescribed by the commission. The books and records of every certificate holder shall be at all times open to the

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inspection of any agent of the commission for such purpose. The comm1ss10n shall have the power to examine the books and records of all motor carriers to whom it has granted certificates or permits to operate under this article and to examine under oath the officers and agents of any motor carrier with respect thereto.'

SECTION 28-5. Said Title 46 is further amended by striking Code Section 46-7-2 6, relating to rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials, and inserting in its place a new Code section to read as follows:
'46-7-26. (a) The commissioner of public safety shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commissioner of public safety shall include the fullowing:
( 1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commissioner of public safety shall from time to time promulgate; (2) Every driver employed to operate a motor vehicle for a motor carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty, and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the comm1ss10ner of transportation in such detail and in such manner as the commissioner of transportation may require; and (4) The commissioner ofpublic safety shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commissioner of public safety. (b) Regulations governing the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials may be adopted by administrative order referencing compatible federal regulations or standards without compliance with the procedural requirements of Chapter l3 of Title 50, provided that such compatible federal regulations or standards shall be maintained on flle by the Department of Public Safety and made available for inspection and copying by the public, by means including but not limited to posting on the department's computer Internet site. (c) The commissioner of public safety may pursuant to rule or regulation specify and impose civil monetary penalties for violations of laws, rules, and regulations relating to driver and motor carrier safety and transportation of hazardous materials. Except as may be hereafter authorized by law, the maximum amount

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of any such monetary penalty shall not exceed the maximum penalty authorized by law or rule or regulation for the same violation immediately prior to July l, 2005.'

SECTION 28-5.1. Said Title 46 is further amended by striking Code Section 46-7-27, relating to adoption of regulations, and inserting in its place a new Code section to read as follows:
'46-7-27. The Public Service Commission, Department of Public Safety, and Department of Revenue are authorized to adopt such rules and orders as they may deem necessary in the enforcement of this chapter. Such rules and orders shall have the same dignity and standing as if such rules and orders were specifically provided in this chapter.'

SECTION 28-5.2. Said Title 46 is further amended by striking Code Section 46-7-39, relating to criminal penalties, and inserting in its place a new Code section to read as follows:
'46-7-39. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this chapter relating to the regulation of motor carriers, or any order, rule, or regulation of the Public Service Commission, Department of Public Safety, or Department ofRevenue, or who procures, aids, or abets therein, shall be guilty of a misdemeanor.'

SECTION 28-6. Said Title 46 is further amended by striking Article 3 of Chapter 7, relating to limousine carriers, and inserting in its place a new article to read as follows:

'ARTICLE 3

46-7-85.1. As used in this article, the term:
( l) 'Certificate' means a certificate issued by the commission. (2) 'Chauffeur' means any person with a Georgia state driver's license who meets the qualifications as prescribed in Code Section 46-7-85.10 and who is authorized by the commissioner of driver services to drive a limousine under this artiele. (3) 'Commission' means the Public Service Commission. (4) 'Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine.

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(5) 'Limousine carrier' means any person operating a service regularly rendered to the public by furnishing transportation as a motor common carrier for hire, not over fixed routes, by means of limousines, or extended limousines, on the basis of telephone contract or written contract. (6) 'Person' means any individual, firm, partnership, corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. (7) 'Public highway' means every public street, road, or highway in this state.

46-7-85.2. No limousine carrier shall operate any limousine for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article.

46-7-85.3. No person may engage in the business of a limousine carrier over any public highway in this state without frrst having obtained from the commission a certificate to do so.

46-7-85.4. (a) The commission shall prescribe the form of the application for the certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process. (b) A certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this article and the rules and regulations of the commission and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle.

46-7-85.5. (a) It shall be the duty of the commission to regulate limousine carriers with respect to the safety of equipment. (b) The commission shall require safety and mechanical inspections at least on an annual basis for each vehicle owned and operated by a limousine carrier. The commission shall provide, by rule or regulation, for the scope of such inspections, the qualifications of persons who may conduct such inspections, and the manner by which the results of such inspections shall be reported to the commission.

46-7-85.6. No certificate issued under this article may be leased, assigned, or otherwise transferred or encumbered unless authorized by the commission.

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46-7-85.7. The commission may cancel, revoke, or suspend any certificate issued under this article on any of the following grounds:
(1) The violation of any of the provisions ofthis article; (2) The violation of an order, decision, rule, regulation, or requirement established by the commission pursuant to this article; (3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the commission; (4) Failure of a limousine carrier to maintain required insurance in full force and effect; and (5) Failure of a limousine carrier to operate and perform reasonable services.

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.

46-7-85.9. Pursuant to rules and regulations prescribed by the commtsswner of driver services, each chauffeur employed by a limousine carrier shall secure from the Department of Driver Services a permit as a limousine chauffeur. A chauffeur's permit issued under this Code section shall be upon a form prescribed by the commissioner of driver services and shall bear thereon a distinguishing number assigned to the permittee, the full name and a photograph of the permittee, and such other information or identification as is required by the commissioner of driver services. 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 commissioner of driver services shall prescribe. The chauffeur's permit shall be valid for four calendar years. The Department of Driver Services may issue a chauffeur's permit by mail.

46-7-85.10. In order to secure a chauffeur's permit, an applicant must provide the following information on a form provided by the commissioner of driver services. The applicant must:
(1) Be at least 18 years of age; (2) Possess a valid Georgia driver's license which is not limited as defined in Code Section 40-5-64; and
(3)(A) Not have been convicted, been on probation or parole, or served time on a sentence for a period of five years previous to the date of application for the violation of any of the following criminal offenses of this state or any other state or of the United States: criminal homicide, rape, aggravated battery, mayhem, burglary, aggravated assault, kidnapping, robbery, driving a motor vehicle while under the influence of intoxicating beverages or drugs,

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child molestation, any sex related offense, leaving the scene of an accident, criminal solicitation to commit any of the above, any felony in the commission of which a motor vehicle was used, perjury or false swearing in making any statement under oath in connection with the application for a chauffeur's permit, any law involving violence or theft, or possession, sale, or distribution of narcotic drugs, barbituric acid derivatives, or central nervous system stimulants; provided, however, that all applicants shall be entitled to the full benefits of Article 3 of Chapter 8 of Title 42, relating to first offender probation. (B) If at the time of application the applicant is charged with any of the offenses described in subparagraph (A) of this paragraph, consideration of the application shall be suspended until entry of a plea or verdict or dismissal. (C) If after the issuance of a permit a person is charged with any of the offenses described in subparagraph (A) of this paragraph, the permit shall be suspended pending disposition of such charge. If the person is convicted of such charge, the permit shall be revoked. (D) For purposes of this paragraph, a plea of nolo contendere to any of the offenses set out in this paragraph shall constitute a conviction.

46-7-85.11. The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this article; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that counties and municipalities may enact ordinances and regulations which require limousine carriers which are domiciled within their boundaries to pay business license fees.

46-7-85.12. A limousine carrier operating under a certificate issued by the commission shall be required to file with the commission a tariff of rates and charges.

46-7-85.13. Before the commission shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter.

46-7-85.14. Reserved.

46-7-85.15. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, aif'IX to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following

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information: (1) limousine company name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service.

46-7-85.16. Reserved.

46-7-85.17. The commission shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions ofthis article.'

SECTION 28-7. Said Title 46 is further amended by striking Code Section 46-11-2, relating to purpose of the law relating to transportation of hazardous materials, and inserting in its place a new Code Section to read as follows:
'46-11-2. The General Assembly finds that the transportation of hazardous materials on the pub lie roads of this state presents a unique and potentially catastrophic hazard to the public health, safety, and welfare of the people of Georgia and that the protection of the public health, safety, and welfare requires control and regulation of such transportation to minimize that hazard; to that end this chapter is enacted. The Department of Public Safety is designated as the agency to implement this chapter.'

SECTION 28-8. Said Title 46 is further amended in Code Section 46-11-3, relating to definitions applicable to transportation ofhazardous materials, by striking paragraph (2) and inserting in its place a new paragraph to read as follows:
'(2) 'Commissioner' means the commissioner of public safety.'

SECTION 28-9. Said Title 46 is further amended in Code Section 46-11-4, relating to regulation of transportation of hazardous materials, by striking subsection (f) and inserting in its place a new subsection to read as follows:
'(f) Every such permit shall be carried in the vehicles or combination ofvehicles to which it refers and shall be open to inspection by any law enforcement officer.'

SECTION 28-10. Said Title 46 is further amended by striking Code Section 46-11-5, relating to rules for the transportation of hazardous materials, and inserting in its place a new Code section to read as follows:

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'46-11-5. (a) The commissioner is authorized and empowered to adopt, promulgate, amend, repeal, or modifY such standards, rules, and regulations and to issue such orders, authorizations, or amendments or modifications thereof as are necessary to implement this chapter. Any standards, rules, or regulations adopted pursuant to this chapter, if consistent with the applicable laws relating to adoption of such standards, rules, or regulations, shall have the force and effect of law.
(b)(1) As used in this subsection, the term 'anhydrous ammonia' means any substance identified to contain the compound ammonia which is capable of being utilized in the production of methamphetamine or any other controlled substance. (2) Any person, firm, or corporation transporting methamphetamine, amphetamine, any mixture contammg either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia shall be subject to all rules and regulations promulgated by the commissioner pursuant to this chapter governing the safe operation of motor vehicles and drivers and the safe transportation ofhazardous materials. (3) Notwithstanding any other provision of law, the commissioner may impose civil monetary penalties in an amount not to exceed $25,000.00 for each violation of any rules and regulations promulgated pursuant to this chapter or Code Section 46-7-26 with respect to persons transporting methamphetamine, amphetamine, any mixture containing either methamphetamine or amphetamine, anhydrous ammonia, or any mixture containing anhydrous ammonia.'

SECTION 28-11. Said Title 46 is further amended by striking Code Section 46-11-6, relating to enforcement concerning hazardous materials transportation, and inserting in its place a new Code section to read as follows:
'46-11-6. (a) The commissioner is authorized to employ such persons as may be necessary, in the discretion of the commissioner, for the proper enforcement of this chapter, the salaries for such employees to be fixed by the commissioner. (b) The commissioner is vested with police powers and authority to designate, deputize, and delegate to employees of the Department of Public Safety the necessary authority to enforce this chapter, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this chapter and all other laws regulating the use of the public highways by motor vehicles, and to arrest all persons found in violation thereof.'

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PART XXIX Amendments to Title 48. Revenue and taxation.
SECTION 29-1.

Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended in Code Section 48-5-126.1, relating to training classes for county tax collectors and tax commissioners, by striking subsections (b) through (g) and inserting in their place new subsections to read as follows:
'(b) In the event a county tax collector or tax commissioner who has never served in such office prior to January 1, 1982, assumes the office during a regular term of office, such local tax official shall be required to obtain special training and instruction from the Department of Revenue in lieu of the training requirements of subsection (a) of this Code section. (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 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 business and taxation practices and shall be germane to the duties and operational functions 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 of office. (d) The costs of attending the training classes required by this 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 amount of such fees and related travel expenses. (e) The instructors fur the training classes required by this Code section shall consist of representatives of the Department of Revenue, the Georgia Association of Tax Officials or other similarly qualified organization of affiliated tax officials, the Georgia Center for 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 state revenue commissioner may adopt and enforce reasonable rules and regulations governing the establishment and administration ofthe training classes provided for by this Code section.

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(g) The state revenue commissioner is 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.'

SECTION 29-2. Said Title 48 is further amended by striking Code Section 48-5-474, relating to return of motor vehicles for ad valorem taxation, and inserting in its place a new Code section to read as follows:
'48-5-474. The application for registration of a motor vehicle and for the purchase of a license plate for the motor vehicle shall constitute the return of that motor vehicle for ad valorem taxation but only if ad valorem taxes are due at the time of registration. The state revenue commissioner is directed to prescribe a form for the application for registration which shall provide the information needed by the tax commissioner or tax; collector in determining the amount of taxes due under this article."

SECTION 29-3. Said Title 48 is further amended by striking Code Section 48-5-47 5, relating to sale of motor vehicle license plates, and inserting in its place a new Code section to read as follows:
'48-5-475. All original motor vehicle license plates shall be sold by the tax collector or tax commissioner of the several counties. Such officials are designated as agents of the state revenue commissioner for the purpose of accepting applications for the registration of motor vehicles and for purposes of collecting ad valorem taxes in connection with the registration of motor vehicles. The duties and responsibilities incident to the exercise of this designation shall be a part of the official duties and responsibilities of the various tax collectors and tax commissioners.

SECTION 29-4. Said Title 48 is further amended in Code Section 48-7-29.5, relating to income tax credits for driver education expenditures, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 with respect to the amount expended by such taxpayer for a completed course of driver education for a dependent minor child of such taxpayer at a private driver training school licensed by the Department of Driver Services under Chapter 13 of Title 43, 'The Driver Training School License Act,' except as otherwise provided by this Code section. The amount of such tax credit per dependent minor child of a taxpayer shall be the actual amount expended for such course, or $15 0.00, whichever is less.'

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SECTION 29-5. Said Title 48 is further amended in Code Section 48-7-40.16, relating to income tax credits for low-emission vehicles, by striking paragraph (6) of subsection (a) and inserting in its place a new paragraph to read as follows:
'(6) 'Motor vehicle' means any self-propelled vehicle designed for transporting persons or property on a street or highway that is registered by the Department of Revenue, except vehicles that are defined as 1ow-speed vehicles' in paragraph(25.1) ofCode Section40-l-l.'

SECTION 29-6. Said Title 48 is further amended in Code Section 48-8-3, relating to exemptions from sales and use taxation, by striking paragraph (5) and inserting in its place a new paragraph to read as fullows:
'(5)(A) Fares and charges, except charges for charter and sightseeing service, collected by an urban transit system fur the transportation of passengers. (B) As used in this paragraph, the term:
(i) 'Public transit system primarily urban in character' shall include a transit system operated by any entity which provides passenger transportation services by means of motor vehicles having passenger-carrying capacity within or between standard metropolitan areas and urban areas, as those terms are defined in Code Section 32-2-3, of this state. (ii) 'Urban transit system' means a public transit system primarily urban in character which is operated by a street railroad company or a motor common carrier, is subject to the jurisdiction of the Public Service Commission, and whose fares and charges are regulated by the Public Service Commission, or is operated pursuant to a franchise contract with a municipality of this state so that its fares and charges are regulated by or are subject to the approval of the municipality. An urban transit system certificate shall be issued by the Public Service Commission, or by the municipality which has regulatory authority, upon an affirmative showing that the applicant operates an urban transit system. The certificate shall be obtained and filed with the commissioner and shall continue in effect so long as the holder of such certificate qualifies as an urban transit system. Any urban transit system certificate granted prior to January 1, 2002, shall be deemed valid as ofthe date it was issued;'.

PART XXX Amendments to Title 50.
State government. SECTION 30-1.

Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking Code Section 50-1-2, relating to the Coordination Council

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for North American Affairs of the Republic of China, and inserting in its place a new Code Section 50-1-2 to read as follows:
'50-1-2. The Taipei Economic and Cultural Representatives Office in the United States, while it maintains an office in the State of Georgia, shall be accorded the same privileges and exemptions concerning taxation, the operation of motor vehicles, education, immunity, and any other privileges and exemptions as provided by the Taiwan Relations Act, 22 U.S.C. Section 3301, et seq:

SECTION 30-2. Said Title 50 is further amended in Code Section 50-18-72, relating to government records for which public disclosure is not required, by striking paragraph (4.1) of subsection (a) and inserting in its place a new paragraph to read as follows:
'(4.1) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided, further, that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report:
(A) Has a personal, professional, or business connection with a party to the accident; (B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident; (F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident; (H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; (J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided,

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however, this subparagraph will apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, street address, telephone number, and driver's license number redacted; or (K) Is a governmental official, entity, or agency, or an authorized agent thereof, requesting reports for the purpose of carrying out governmental functions or legitimate governmental duties;'

PART XXXI Amendment to Title 52. Waters of the state, ports, and watercraft.
SECTION 31-1.

Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended in Code Section 52-7-12.6, relating to boating privileges, by striking subsection (a) and inserting in its place a new subsection to read as follows:
'(a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions:
( 1) Up on the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates ofprevious arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the person s operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services; and

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(3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Driver Services.'

PART XXXII Effective dates and repealer.
SECTION 32-1.

This Act shall become effective July 1, 2005, except that the provtswns of paragraph (2) of subsection (b) of Code Section 40-16-3 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval.

SECTION 32-2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

LABOR- GEORGIA MINIMUM WAGE LAW.
No. 69 (House Bill No. 59).
AN ACT
To amend Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," so as to change provisions relating to the prohibition of local government wage and employment benefit mandates; to provide that no local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 34 of the Official Code of Georgia Annotated, the "Georgia Minimum Wage Law," is amended by striking Code Section 34-4-3.1, relating to

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the prohibition of local government wage and employment benefit mandates, and inserting in its place a new Code section to read as follows:
'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 of persons. (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)(l) 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 charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate. (3) Any local government entity may offer its own employees employment benefits. (c) No local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. A local government entity shall not through the use of evaluation factors, qualification ofbidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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STATE GOVERNMENT- BENEFITS TO UNMARRIED PERSONS; NEUTRALITY POLICY.

No. 70 (House Bill No. 67).

AN ACT

To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide for neutrality of state law with respect to freedom of decision to provide or not provide certain benefits to unmarried persons; to provide that state and local government entities shall comply with such policy of neutrality; 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 50 of the Official Code of Georgia Annotated, relating to state government in general, is amended by adding at its end a new Code Section 50-1-8 to read as follows:
'50-1-8. (a) It is the policy of this state that any organization or person in this state may elect to, or elect not to, contractually provide to unmarried persons one or more benefits, rights, or privileges in the same manner that such organization or person contractually provides benefits, rights, or privileges to married persons. (b) State and local government shall not impose any penalty on or withhold any benefits, rights, or privileges from any organization or person on the basis of such organization's or person's election to or election not to contractually or otherwise provide to unmarried persons one or more benefits, rights, or privileges in the same manner that such organization or person contractually or otherwise provides benefits, rights, or privileges to married persons. (c) Subsection (b) of this Code section shall apply to the state and any political subdivision of the state and to any department, agency, authority, commission, or other entity of the state or any political subdivision ofthe state. (d) As used in this Code section, the term 'organization' includes but is not limited to any corporation, association, nonprofit organization, limited liability company, partnership, group, authority, or other entity, including any political subdivision of this state.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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PENAL INSTITUTIONS - STATE SEXUAL OFFENDER REGISTRY.

No. 71 (House Bill No. 106).

AN ACT

To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, so as to change certain provisions relating to the state sexual offender registry; to change provisions relating to registration requirements for offenders changing residency to this state; to change and add certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions for penal institutions, is amended by striking in its entirety Code Section 42-1-12, relating to the state sexual offender registry, and inserting in lieu thereof the following:
'42-1-12. (a) As used in this Code section, the term:
(.1) 'Address' means the street or route address of the person's residence. For purposes of this Code section, the term does not mean a post office box. (1) 'Appropriate official' means:
(A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system or who is sentenced pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, the Division of Probation ofthe Department ofCorrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee; and (D) With respect to an offender who is placed on probation through a private probation agency, the director of the private probation agency or his or her designee. (2) 'Board' means the Sexual Offender Registration Review Board. (2.1) 'Change in enrollment status' or 'change in employment status' means the commencement or termination of enrollment or employment. (2.2) 'Change in vocation status' means the commencement or termination of a vocation.

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(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 this title, relating to first offenders, shall be subject to the registration requirements ofthis Code section for the period of time 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 have a criminal conviction pursuant to Article 3 of Chapter 8 ofthis 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 of the United States which consists of:
(i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conviction resulting from an underlying sexual offense against a victim who is a minor. (B) 'Criminal offense against a victim who is a minor' with respect to convictions occurring after June 30, 2001, means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; (vii) Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct; (viii) Creating, publishing, selling, distributing, or possessing any material depicting a minor or a portion of a minor's body engaged in sexually explicit conduct; (ix) Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifYing information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct; (x) Conspiracy to transport, ship, receive, or distribute visual depictions of minors engaged in sexually explicit conduct; or

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(xi) Any conduct which, by its nature, is a sexual offense against a minor. (C) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (4.1) 'Institution of higher education' means a community college, state university, state college, or independent postsecondary institution. (5) 'Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (5.1) 'Minor' means any person under the age of 18 years and any person that the offender believed at the time of the offense was under the age of 18 years if such person was the victim of an offense. (6) 'Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) 'Sexually violent offense' means a conviction for violation of Code Section 16-6-l, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; Code Section 16-6-22.2, relating to aggravated sexual battery; or Code Section 16-5-21, relating to aggravated assault with intent to rape; or a conviction in a federal court, military court, tribal court, or court of another state or territory for any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) 'Sexually violent predator' means a person who has been convicted on or after July l, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (9) 'Vocation' means any sort offull-time, part-time, or volunteer employment with or without compensation exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year.
(b )(1 )(A)(i) On and after July l, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register as a sex offender within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriffs office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on

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parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation with the appropriate sheriff's office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (iii) On and after July 1, 1999, any resident of Georgia who is convicted under the laws of another state or territory, under the laws of the United States, under the Uniform Code of Military Justice, or in a tribal court of a sexually violent offense or a criminal offense against a victim who is a minor shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation. The information such an offender is required to register shall include his or her name and current address; place of employment and vocation, if any; the crime of which convicted; school name and address, if any; and the date released from prison or placed on parole, supervised release, or probation. Such an offender shall register with the appropriate sheriff's office as specified in subsection (c) of this Code section in the county where such person will reside for the time period specified in subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the appropriate sheriff's office as specified in subsection (c) of this Code section in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each person's name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriff's office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. (2)(A) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the court's request to respond with its report. After receiving a recommendation from the Sexual Offender Registration Review Board that a convicted sexually violent offender be classified as a sexually violent predator, the sentencing court

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shall so inform the offender and shall set a date to conduct a hearing affording the offender the opportunity to present testimony or evidence relevant to the recommended classification. After the hearing and within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. Ifthe court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders; at least one representative from a victims' rights advocacy group or agency; and at least two representatives from law enforcement, each of whom is either employed by a law enforcement agency as a certified peace officer under Title 35 or retired from such employment. The members of such board shall be appointed by the commissioner ofhuman resources for terms of four years. Members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of fuur years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (C) The Sexual Offender Registration Review Board shall be attached to the Department of Human Resources for administrative purposes and provided there is adequate funding provided shall:
(i) Exercise its quasi-judicial, rule-making, or policy-making functions independently of the department and without approval or control of the department; (ii) Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and (iii) Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor. (3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Infurm the person that, if the person changes residence address, employment address, vocation address, school name, school address, or

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enrollment status, the person shall give the new infOrmation to the sheriff or sheriffs with whom the person last registered and the sheriff or sheriffs of the county to which the person is changing residence address, employment address, vocation address, school name, school address, or enrollment status, not later than ten days after the change of information. Following such notification, the sheriffs office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of information; (iii) Inform the person that the person must register in any state where the person is employed or carries on a vocation or is a student; (iv) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff or sheriffs with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state; (v) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (vi) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation. (B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (l) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the Criminal Justice Information System of the Georgia Crime InfOrmation Center. (C) The Georgia Crime Information Center shall create the Criminal Justice Information System network transaction screens by which appropriate state officials shall enter original data required by this Code section including residence address, school name, school address, enrollment status, and employment and vocation address and status. Screens shall also be created for sheriffs' offices for the entry of record confirmation data; employment; changes of residence, school, or employment; or other pertinent data and to assist in offender identification. (D) Any person changing residence from another state or territory of the United States to Georgia shall be subject to the fOllowing registration requirements:

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(i) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state, territory, or tribal authority shall comply with the registration requirements of this Code section and register in this state regardless of when the conviction occurred. (ii) Any person changing residence from another state or territory of the United States to Georgia who has been convicted of an offense in another state, territory, or tribal authority which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section regardless of when the conviction occurred. (iii) Any person who is subject to the registration requirements of this Code section shall register the new address, employment, and vocation information with the appropriate sheriff of the county as specified in subsection (c) of this Code section not later than ten days after the date of establishing residency in this state. (iv) Upon the person's registration with the sheriff of the county of new residence, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or the sheriffs designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) ofthis Code section. (v) Any person who is subject to the registration requirements of this Code section shall be required to register in Georgia for the remaining period of time established by the state of last registration, or for the period of time as set forth in subsection (g) of this Code section, whichever is longer. (vi) Any person who is designated in another state as a sexually violent predator and changes residency to Georgia shall also be designated as a sexually violent predator in this state and subject to subsection (g) of this Code section. (E) The following persons are also required to register: (i) Any nonresident who enters this state for the purpose of employment for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year and who is required to register under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section; or (ii) Any nonresident who enters this state for the purpose of attending school as a full-time or part-time student and who is required to register

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under federal law, military law, tribal law, or the laws of another state or territory, which, based on an act, would require registration under this Code section. Any person required to register by this subparagraph shall not later than ten days after the person enters the state register with the sheriff of the county of his or her temporary address, with the sheriff of the county of his or her employment, and with the sheriff of the county in which the person is attending school. The information registered shall include the person's temporary address, permanent address in the person's state of residence, employment and vocation address and status, and school name, school address, and enrollment status. Upon the person's registration, the sheriff or the sheriffs designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or the sheriffs designee shall obtain the fmgerprints and photograph of the person, if the person's fingerprints and photograph have not previously been obtained in Georgia. The sheriff or the sheriffs designee shall inform the person of his or her duty to report any change in temporary residence, permanent residence, employment and vocation address and status, school name, school address, or enrollment status. (4) A person who is required to register under any provision of this Code section shall: (A) Report in person within ten days of release from prison, placement on probation, parole, or supervised release to the appropriate sheriffs office of the county or counties where the person resides, is employed, or attends school. A person who is so required to register must provide his or her street address to the sheriff ofthe person's county of residence; (B) Report in person within ten days to the appropriate sheriff or sheriffS if the person changes residence address, employment address, vocation address, school name, school address, or enrollment status; (C) In the event of a move to a new state, advise the sheriff of the county where the person last registered of his or her impending move within ten days of moving. He or she shall also report to the designated law enforcement agency in the new state of residence within ten days of arrival at the new residence; (D) Read and sign the offender registration notification form at the time of registration; and (E) Report in person to the sheriff ofthe person's county of residence within ten days of the anniversary date of the original registration with the offender's verification form from the Georgia Bureau of Investigation. (c)( 1) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate state official or sheriff, the Georgia Crime Information Center, where appropriate, shall immediately notify the sheriff of the person's county of

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residence, either permanent or temporary, the sheriff of the county of employment, and the sheriff of the county where the person attends school. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau oflnvestigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all registered offenders within the sheriff's jurisdiction whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month Criminal Justice Information System network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (2) Any person who is required to register under this Code section and who is enrolled, employed, or carries on a vocation at an institution of higher education in this state shall provide the name, address, and county of each institution including each campus attended and the person's position or enrollment status, as well as any change in enrollment, employment, or vocation status. The requirements of this paragraph shall be accomplished in a manner specified in subparagraphs (b)(l)(A), (b)(l)(B), (b)(3)(A), (b)(3)(D), and (b)(3 )(E) of this Code section. (3) The Georgia Bureau of Investigation shall establish operating policies and procedures in order to provide prompt notice of offender registration and any change in status information contained in paragraph (2) of this subsection to any law enforcement agency having jurisdiction where an institution of higher education is located and to include notification to the campus police if appropriate for the institution of higher education. The law enforcement agency or agencies having jurisdiction where an institution of higher education is located shall provide a statement advising the campus community where law enforcement agency information may be obtained as provided by the state under 20 U.S.C. Section 1092 (t)(l) and 42 U.S.C. Section 1407 (j), concerning registered sex offenders. This information may be obtained at the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or via the Georgia Bureau of Investigation's Internet website. (c.l )( 1) On an annual basis, the Department of Education shall obtain from the Georgia Bureau oflnvestigation a complete list of the names and addresses of all registered sexual offenders and shall send such list, accompanied by a hold harmless provision, to each public elementary and secondary school in this state. In addition, the Department of Education shall provide information to each public elementary and secondary school in this state on how to access and retrieve from the Georgia Bureau of Investigation s Internet website a list of the names and addresses of all registered sexual offenders. The Department

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of Education shall make such information available to any private school upon request. (2) The Office of School Readiness shall provide, on a one-time basis, information to all child care programs regulated pursuant to Code Section 20-lA-5 on how to access and retrieve from the Georgia Bureau of Investigation's Internet website a list of the names and addresses of all registered sexual offenders and shall include, on a continuing basis, such information with each application for licensure. (3) The Department ofHuman Resources shall provide, on a one-time basis, information 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 1, 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. (d)(l) For a person required to register under subparagraph (b)(l)(A) of this Code section, on each anniversary of the person's initial registration date during the period in which the person is required to register under this Code section, the following applies:
(A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person; (B) Upon receipt of the verification form the person shall be required to report in person to the sheriff ofthe person's county of residence within ten days of the anniversary date; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; (D) The person shall report to the sheriff of the person s county of residence to be photographed every year within ten days of the anniversary date of the original registration; and (E) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section. (2) The provisions of paragraph ( 1) of this subsection shall be applied to a person required to register under subparagraph (b)(I )(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement ofparole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides as set forth in subparagraph (b)(3 )(E) of this Code section. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notifY the law enforcement agency with which the person must register in the new state.

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(f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g) A person required to register under subparagraph (b)(l)(A) of this Code section shall continue to comply with this Code section, except during ensuing periods of incarceration, during which time all registration requirements shall be stayed. Upon release from incarceration, the person shall report to the sheriff of the person's county of residence within ten days from the date of release from incarceration, until:
(1) Ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation; or (2) For the life of that person if that person:
(A) Has one or more prior convictions for an offense described in subparagraph (a)(4)(A) and paragraph (7) of subsection (a) of this Code section; (B) Has been convicted of an aggravated offense described in paragraph (7) of subsection (a) of this Code section; or (C) Has been determined to be a sexually violent predator pursuant to subparagraph (b)(2)(A) of this Code section. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides fulse information shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount ofup to $100,000.00, or both. (i) The information collected under the state registration program shall be treated as private data except that: ( 1) Such information may be disClosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing in this Code section shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)( 1)(B) of this Code section; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions ofthis Code section.

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The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. U) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good fuith conduct under this Code section. (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions fur parole of sexual offenders. (1) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. (m) No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defmed in paragraph (7) of Code Section 43-40-1 for the failure to disclose in any real estate transaction any information which is provided or maintained or required to be provided or maintained in accordance with this Code section. No cause of action shall arise against any real estate broker or any affiliated licensee of the broker or any person or entity or its employees which own property or any person or entity or its employees who provide property management services as defined in paragraph (7) of Code Section 43-40-1 for revealing any information provided or maintained or required to be provided or maintained in accordance with this Code section. (n) Within ten days of the 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:

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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MOTOR VEHICLES - LIMITED INSURANCE RATING INFORMATION;
EXTEND PILOT PROGRAM.

No. 72 (House Bill No. 151).

AN ACT

To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for drivers' licenses and information on licensees, so as to extend the pilot program to determine the revenue feasibility of supplying limited rating infOrmation to agents, insurers, and insurance support organizations; 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 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications fur drivers' licenses and information on licensees, is amended by striking subparagraph (c)(1 )(B.1) and inserting the following in lieu thereof:
'(B .1) The department shall implement a pilot program for 12 months to determine the revenue feasibility of supplying limited rating information to agents, insurers, and insurance support organizations. The department shall report the results of such pilot program to the Office of Planning and Budget. Unless the Office of Planning and Budget determines that the pilot program is not successful, the department shall continue the program on a year-to-year basis and furnish limited rating infOrmation to insurance support organizations for the same purposes as provided in division (ii) of subparagraph (B) of this paragraph, pursuant to a contract with the Georgia Technology Authority, provided that all other necessary requirements of this subsection have been met;'.

SECTION 1.1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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PUBLIC OFFICERS -GOVERNMENT EMPLOYEES; ADDITIONAL PAYROLL DEDUCTIONS FOR NOT FOR PROFIT ORGANIZATIONS.

No. 73 (House Bill No. 183).

AN ACT

To amend Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to government employees' payroll deductions for certain not for profit organizations, so as to provide for deductions for certain additional types of organizations and by certain additional types of employees; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 45-7-54 of the Official Code of Georgia Annotated, relating to government employees' payroll deductions for certain not fur profit organizations, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows:
'(b) Where 500 or more full-time state employees who are employed in the Division of Family and Children Services or in the law enforcement, corrections officer, or registered nursing disciplines request payroll deduction services to any not for profit association having among its specific objectives ( 1) professional development activities related to such employment, (2) the provision of assistance to or on behalf of persons who are killed, injured, in need of medical attention, or otherwise in need of assistance while engaged in such employment or as a result of such employment, or (3) promoting or enhancing law enforcement, corrections, or registered professional nursing in the State of Georgia, then the state shall provide such deductions as an additional employment benefit to its employees. This provision shall not be interpreted to require the agency or state to provide the funds for any employee's dues or contributions.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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CRIMES -SEXUAL OFFENDER; PUBLffiHPHOTOGRAPH AFTER RELEASE.

No. 74 (House Bill No. 188).

AN ACT

To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to require that the photograph of a person who is convicted of certain crimes for which such person is required to register as a sexual offender shall be published in the legal organ of the county in which such person resides after release from confinement; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by adding a new Article 9 to read as follows:

'ARTICLE 9

16-5-110. (a) When a person who has been convicted of a crime for which that person is required to register under Code Section 42-1-12 makes his or her first report to a sheriff after such person s release from confinement, the sheriff shall cause to be published a notice of conviction and release from confinement of such person. Such notice shall be published in the manner of legal notices in the legal organ of the county in which person resides. Such notice 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 or a subsequent photograph, 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 persons release from confmement or as soon thereafter as publication may be made. The notice shall include the address of the Georgia Bureau oflnvestigation website for additional information regarding the sexual offender registry. (b) The convicted person for which a notice of conviction and release from confinement is published pursuant to subsection (a) of 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 reporting to the sheriffs office. (c) The sheriff; the publisher of any legal organ which publishes a notice of conviction and release from confinement, and any other person involved in the publication of an erroneous notice of conviction and release from confinement

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shall be immune from civil or criminal liability for such erroneous publication, provided that such publication was made in good faith.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

COURTS- TERMINATION OF PARENTAL RIGHTS; HEARINGS AND ORDERS; TIME FRAME.
No. 75 (House Bill No. 195).
AN ACT
To amend Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, so as to change provisions relating to the time frame fur hearings and orders on petitions to terminate parental rights; to provide for legislative findings; 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 it is in the best interest of this state's foster children to have a safu and permanent home as soon as possible and that children's interests are not served by remaining in foster care any longer than is absolutely necessary. The General Assembly presumes that once a petition to terminate parental rights is filed in juvenile court, such cases should be heard and decided as expeditiously as possible so as not to result in the delay of a determination of a child's future. It is the intent of the General Assembly to further expedite hearings and fmal orders in parental rights termination cases and that this Act should not be construed so as to require the refiling of a petition to terminate parental rights or a rehearing of such case if the deadlines enunciated by this Act are not met.
SECTION 2. Article 2 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to termination of parental rights, is amended by striking Code Section 15-11-106, relating to expedient hearings and disposition of orders, and inserting in lieu thereofthe following:

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'15-11-106. Provided that no just cause has been shown for delay, all hearings contemplated by this article shall be conducted within 90 days of the date a petition to terminate parental rights is filed pursuant to Code Section 15-11-95. Provided that no just cause has been shown by written finding of fact by the court for delay, an order of disposition shall be issued by the juvenile court no later than 30 days after the conclusion of the hearing on the petition to terminate parental rights. This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order:

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

FOOD- ENACT COMMON-SENSE CONSUMPTION ACT.
No. 76 (House Bill No. 196).
AN ACT
To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of fuod, so as to change certain provisions relating to common-sense consumption; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by striking Article 16, relating to common-sense consumption, and inserting in lieu thereof the following:
'ARTICLE 16 26-2-430. This article shall be known and may be cited as the 'Common-sense Consumption Act.'

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26-2-431. As used in this article, the term:
( 1) 'Claim' means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted 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.). (3) 'Generally known condition allegedly caused by or allegedly likely to result from long-term consumption' means a condition generally known to result or likely to result from the cumulative effect of consumption and not from a single instance of consumption. (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 consumers or with actual knowledge that such conduct was injurious to consumers; 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, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) ofthe federal act, 21 U.S.C. Section 321(t), 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 consumption of food.

26-2-433. The limitation of liability provided for in Code Section 26-2-432 shall not preclude civil liability that might otherwise exist under the law of this state where the claimed injury does not arise out 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 consumption of food but is instead based on other cognizable injuries arising from:
( 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 statutes or regulations applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, the claim

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is brought by a party authorized to bring suit under such law, 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 ofthe 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 (3) The facts alleged to demonstrate that such violation proximately caused actual injury 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 with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers. (c) For purposes of applying this article, the requirements of this 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 prejudice to that party. During the pendency of any stay 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 of such 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 Code section and all claims filed thereafter, regardless of when the claim arose:

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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PROFESSIONS- PLUMBING; LICENSE EXCEPTION.

No. 77 (House Bill No. 207).

AN ACT

To amend Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to revise a defmition; to provide an exception to plumbing licensure requirements; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-14-2 of the Official Code of Georgia Annotated, relating to definitions relative to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraph (12) and inserting in lieu thereof the following:
"(12) 'Plumbing' means the practice of installing, maintaining, altering, or repairing piping fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, venting systems, medical gas piping systems, natural gas piping systems on the outlet side of gas meters, or public or private water supply systems within or adjacent to any building, structure, or conveyance; provided, however, that after July I, 1997, only master plumbers and journeyman plumbers who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. The term 'plumbing' also includes the practice of and materials used in installing, maintaining, extending, or altering the natural gas, storm-water, sewerage, and water supply systems of any premises to their connection with any point of public disposal or other acceptable terminal; provided, however, that licensure under this chapter shall not be required for a contractor certified by the Department of Human Resources to make the connection to any on-site waste-water management system from the stub out exiting the structure to an on-site waste-water management system. Notwithstanding any other provision of this chapter, any person who holds a valid master plumbing license or any company which holds a valid utility contractor license shall be qualified to construct, alter, or repair any plumbing system which extends from the property line up to but not within five feet of any building, structure, or conveyance, regardless ofthe cost or depth of any such plumbing system.'

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

PROFESSIONS- ATHLETIC TRAINERS; LICENSURE IF SERVING IN PUBLIC OR PRIVATE SCHOOL.
No. 78 (House Bill No. 217).
AN ACT
To amend Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, so as to provide that students, teachers, or other persons who serve as athletic trainers for a public or private elementary school or high school in this state must be licensed as an athletic trainer; to provide an exception for a student-trainer, assistant-trainer, or similar person; 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 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking paragraph (2) of Code Section 43-5-l, relating to definitions, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Sections 43-5-7 and 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. Nothing in this Code section shall be construed to require licensure of elementary or secondary school teachers, coaches, or authorized volunteers who do not hold themselves out to the public as athletic trainers.'
SECTION 2. Said chapter is further amended by striking Code Section 43-5-7, relating to license requirements for persons engaged as athletic trainers, and inserting in lieu thereof a new Code Section 43-5-7 to read as follows:

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'43-5-7. No person shall hold himself or herself out as an athletic trainer or perform the services of an athletic trainer, as defined in this chapter, without first obtaining a license under this chapter; provided, however, that nothing in this chapter shall be construed to prevent any person from serving as a student-trainer, assistant-trainer, or any similar position if such service is not primarily for compensation and is carried out under the supervision of a physician or a licensed athletic trainer.'

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

Approved May 2, 2005.

CRIMINAL PROCEDURE- DISCOVERY; JUVENILE COURT PROCEEDINGS.
No. 79 (House Bill No. 222).
AN ACT
To amend Article 1 of Chapter 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, so as to change certain provisions relating to the applicability of the article; to include cases in which discovery may be obtained through other lawful methods; 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 16 of Title 17 of the Official Code of Georgia Annotated, relating to discovery in felony cases, is amended by striking in its entirety Code Section 17-16-2, relating to the applicability of the article, and inserting in lieu thereof the following:
'17-16-2. (a) This article shall apply to all criminal cases in which at least one felony offense is charged in the event that at or prior to arraignment, or at such time as the court permits, the defendant provides written notice to the prosecuting attorney that such defendant elects to have this article apply to the defendant's case. When one defendant in a multidefendant case demands discovery under this article, the provisions of this article shall apply to all defendants in the case, unless a severance is granted.

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(b) Except as provided in subsection (c) of this Code section, this article shall not apply to juvenile court proceedings. (c) This article shall be deemed to have been automatically invoked, without the written notice provided for in subsection (a) of this Code section, when a defendant has sought discovery pursuant to Chapter II of Title 9, the 'Georgia Civil Practice Act,' pursuant to Code Section I5-II-7 5, or pursuant to the Uniform Rules for the Juvenile Courts of Georgia where such discovery material is the same as the discovery material that may be provided under this article when a written notice is filed pursuant to subsection (a) of this Code section. (d) Except as provided under Code Section I7-16-8, this article is not intended to authorize discovery or inspection of attorney work product. (e) This article shall apply also to all criminal cases in which at least one felony offense is charged which was docketed, indicted, or in which an accusation was returned prior to January I, I99 5, if both the prosecuting attorney and the defendant agree in writing that the provisions of this article shall apply to the case.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

PROFESSIONS- CHIROPRACTORS; DISCIPLINARY RECORDS; LICENSES.
No. 80 (House Bill No. 266).
AN ACT
To amend Chapter 9 ofTitle 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to provide for additional authority for the board to expunge or delete certain violations from the disciplinary record of any licensee; to provide for additional authority for the board to refuse to grant a license, revoke a license, or discipline a licensee; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking Code Section 43-9-6.I, relating to the scope of the authority of the Georgia Board of Chiropractic Examiners, and inserting in its place the following:

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'43-9-6.1. The board is authorized to:
(I) Adopt, amend, and repeal such rules and regulations not inconsistent with this chapter necessary for the proper administration and enforcement of said chapter; (2) Examine, issue, renew, and reinstate the licenses of duly qualified applicants for licensure to practice chiropractic in this state; (3) Deny, suspend, revoke, or otherwise sanction licenses to practice chiropractic in this state; (4) Initiate investigations for the purpose of discovering violations of this chapter; (5) Conduct hearings upon charges calling for the discipline of a licensee or on violations ofthis chapter; (6) Issue to chiropractors, licensed under this chapter, certificates under the seal of the board evidencing such licensure and signed, either by hand or facsimile signature, by the president of the board and the division director; and (7) Expunge or delete from the disciplinary record of any licensee advertising violations not defined in the rules of the board as immoral and unprofessional conduct or relating to reasonable care and skill in the treatment of a patient.'

SECTION 2. Said chapter is further amended by striking subsection (a) ofCode Section 43-9-12, relating to grounds for refusal or revocation of license, and inserting in its place the following:
'(a) The board shall have the authority to refuse to grant a license to an applicant therefor or to revoke the license of a person licensed by that board or to discipline a person licensed by that board, upon a finding by a majority of the entire board that the licensee or applicant has:
(1) Failed to demonstrate the qualifications or standards for a license contained in this chapter or the rules or regulations promulgated under this chapter; it shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for the issuance of a license, and, if the board is not satisfied as to the applicant's qualifications, it may deny a license without a prior hearing; provided, however, that the applicant shall be allowed to appear before the board ifhe so desires; (2) Knowingly made misleading, deceptive, untrue, or fraudulent representations in the practice of chiropractic or on any document connected therewith; or practiced fraud or deceit or intentionally made any false statement in obtaining a license to practice the licensed business or profession; or made a false statement or deceptive registration with the board; (3) Been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation

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

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(9) Been adjudged mentally incompetent by a court of competent jurisdiction inside or outside this state; any such adjudication shall automatically suspend the license of any such person and shall prevent the reissuance or renewal of any license so suspended for as long as the adjudication of incompetence is in effect; ( 10) Displayed an inability to practice chiropractic with reasonable skill and safety to the public or has become unable to practice chiropractic with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material; or (11) Become unable to practice chiropractic with reasonable skill and safety to patients by reason of illness or use of alcohol, drugs, narcotics, chemicals, or any other type of material, or as a result of any mental or physical condition:
(A) In enforcing this paragraph, the board may, upon reasonable grounds, require a licensee or applicant to submit to a mental or physical examination by licensed health care providers designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application for a license to practice chiropractic in this state shall be deemed to have given his or her consent to submit to such mental or physical examination and to have waived all objections to the admissibility ofthe results in any hearing before the board, upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to such an examination when properly directed to do so by the board, unless such failure was due to circumstances beyond his or her control, the board may enter a fmal order upon proper notice, hearing, and proof of such refusal. Any licensee or applicant who is prohibited from practicing chiropractic under this paragraph shall at reasonable intervals be afforded an opportunity to demonstrate to the board that he or she can resume or begin the practice of chiropractic with reasonable skill and safety to patients; (B) For the purposes of this paragraph, the board may, upon reasonable grounds, obtain any and all records relating to the mental or physical condition of a licensee or applicant, including psychiatric records; and such records shall be admissible in any hearing before the board, notwithstanding any privilege under a contrary rule of law or statute, including, but not limited to, Code Section 24-9-21. Every person who shall accept the privilege of practicing chiropractic in this state or who shall file an application to practice chiropractic in this state shall be deemed to have given his or her consent to the board's obtaining any such records and to have waived all objections to the admissibility of such records in any hearing before the board, upon the grounds that the same constitutes a privileged communication; and (C) If any licensee or applicant could, in the absence of this paragraph, invoke a privilege to prevent the disclosure of the results of the examination

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provided for in subparagraph (A) of this paragraph or the records relating to the mental or physical condition of such licensee or applicant obtained pursuant to subparagraph (B) ofthis paragraph, all such information shall be received by the board in camera and shall not be disclosed to the public, nor shall any part of the record containing such information be used against any licensee or applicant in any other type of proceeding.'

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

Approved May 2, 2005.

EDUCATION- FOSTER CHILDREN; EDUCATIONAL AND LIVING EXPENSE GRANTS.
No. 81 (House Bill No. 272).
AN ACT
To amend Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to postsecondary education, so as to provide for a program of educational and living expense grants fur certain children who qualify as foster children; to provide for eligibility; to provide for administration, practices, procedures, and requirements related to such grants; to provide for reports; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 3 of Title 20 of the Official Code .of Georgia Annotated, relating to postsecondary education, is amended by adding at the end thereof a new Article 12 to read as follows:
'ARTICLE 12
20-3-660. From funds appropriated by the General Assembly for such purpose, there is created a program of grants for the payment of postsecondary tuition, ancillary fees, and living expenses fur Georgia fuster children and adopted children. Such grants shall be subject to the following terms and conditions:
( 1) Tuition, ancillary student fees, and the cost-of-living expenses for any undergraduate program of any Georgia public postsecondary institution,

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including all fuur-year and two-year colleges and universities and institutions of the Georgia Community and Technical College System, shall be paid for a Georgia foster or adopted child who is a full-time or part-time student if the student meets all entrance requirements and maintains academic eligibility while enrolled at the postsecondary institution and if:
(A) The student's family receives state funded adoption assistance under Code Section 49-5-8; (B) The student is currently committed to the Department of Family and Children Services under Code Section 15-1-55 and placed in a family foster home or is placed in accordance with Code Section 15 -11-2; (C) The student is in an independent living program and the placement is funded by the Department ofFamily and Children Services; or (D) The student who is an adopted child was in the permanent legal custody of and placed for adoption by the Department of Family and Children Services following the child's fourteenth birthday. A student who meets the eligibility criteria of this subparagraph and lives outside this state at the time of application to a Georgia postsecondary institution may apply for the grant as though he or she were still a resident of this state. (2) The student shall: (A) Obtain the application for the grant through the Department of Family and Children Services; and (B) Complete the Free Application for Federal Student Aid to determine the level of need and eligibility for state and federal financial aid programs. If the student's fmancial need for total cost of attendance, as defined in 20 U.S.C. Sec. 1087ll, exceeds the available funding from all sources, except loans and the work-study program under 42 U.S.C. Sees. 2751-2756b, the foster care tuition grant shall be used to cover the excess assessed need for cost of attendance at the postsecondary institution. (3) The student shall be eligible and remain eligible for the grant so long as: (A) The student applies for entrance to the institution within three years of receipt of his or her high school diploma or general educational development certificate; (B) The student maintains satisfactory academic progress as defmed by the institution attended; and (C) The student has not reached the age of26. (4) The Department of Family and Children Services shall: (A) Advertise the availability of the program and ensure that the children and young adults leaving fuster care, foster parents, and fumily services counselors are informed of the availability of the program and the application procedures; (B) Provide grant applications to all students leaving foster care; and (C) Report the number of students participating in the tuition grant program on October 1 of each year to the Office of Planning and Budget and the Office ofthe Child Advocate.

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(5) Cost-of-living expenses and necessary fees shall be determined for this program by the institution in which the student enrolls. Cost-of-living may include but is not limited to room, board, books, fees, supplies, transportation fees, and a basic health care policy endorsed by the institution in which the student is enrolled. (6) The Education Coordinating Council shall report nonidentifying data on graduation rates of students participating in the tuition grant program by November 30 each year to the Office ofPlanning and Budget and the Office ofthe Child Advocate. (7) Nothing in this Code section shall be construed to:
(A) Guarantee acceptance of or entrance into any postsecondary institution for a foster or adopted child; (B) Limit the participation of a foster or adopted student in any other program of financial assistance for postsecondary education; (C) Require any postsecondary institution to waive costs or fees relating to tuition, fees, room, and board; (D) Restrict any postsecondary institution or the Department of Family and Children Services from accessing other sources of financial assistance, except loans, that may be available to a foster or adopted student; or (E) Prevent the student from maintaining the grant if transferring to another public postsecondary institution in this state, provided that the student meets all of the requirements ofthe transferring and receiving institutions.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

INSURANCE- GEORGIA TELEMEDICINE ACT; NUMEROUS INSURANCE REVISIONS.
No. 82 (House Bill No. 291).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an exception to the requirement that major medical insurance policies or plans provide for carry-over deductibles; to remove the requirement that managed care plans obtain certain acknowledgments; to enact the "Georgia Telemedicine Act"; to provide for a short title; to provide for defmitions; to provide for legislative intent; to provide that health insurance policies shall include payment for certain telemedicine services; to provide for conditions, exceptions, and

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limitations; to provide for the maximum duration of certain credit life policies; to provide for a mortgagee group policy; to increase the maximum amount of coverage on an agricultural loan group policy; to provide that certain required provisions in group life insurance policies shall not apply to policies issued to a creditor to insure mortgagors; to require that certain individual and blanket accident and sickness policies insure certain dependent children of the insured up to and including age 25; to provide an exception for certain matters concerning renewability of policies; to clarify certain definitions; to clarify the applicable groups for blanket accident and sickness insurance; to provide an exception for intentional misrepresentation of material fact in applying for or procuring insurance as to treatment of certain statements made by a policyholder or insured person; to clarify the application of certain provisions to group and blanket accident and sickness insurance; to clarify certain provisions regarding insurance portability and renewability; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraph ( 14) of Code Section 33-6-5, relating to other unfair methods of competition and unfair and deceptive acts or practices, and inserting in lieu thereof a new paragraph (14) to read as follows:
'(14) On and after July I, 1992, no insurer, as defined in paragraph (4) of Code Section 33-1-2, shall issue, cause to be issued, renew, or provide coverage under any major medical insurance policy or plan containing a calendar year deductible or similar plan benefit period deductible which does not provide for a carry-over ofthe application of such deductible as provided in this paragraph. If all or any portion of an insured's or member's cash deductible for a calendar year or similar plan benefit period is applied against covered expenses incurred by the insured or member during the last three months of the deductible accumulation period, the insured's or member's cash deductible for the next ensuing calendar year or similar benefit plan period shall be reduced by the amount so applied. The provisions of this paragraph shall apply to major medical insurance policies or plans which have a benefit plan period of less than 24 months, except policies or plans designed and issued to be compatible with a health savings account as set out in 26 U.S.C. Section 223 or a spending account as defined in Chapter 30B of this title.'

SECTION 2. Said title is further amended by striking paragraph (1) of Code Section 33-20A-5, relating to standards for certification, and inserting in lieu thereof a new paragraph (1) to read as follows:

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'(1) DISCLOSURE TO ENROLLEES AND PROSPECTIVE ENROLLEES. (A) A managed care entity shall disclose to enrollees and prospective enrolle~s who inquire as individuals into a plan or plans offered by the managed care entity the information required by this paragraph. In the case of an employer negotiating for a health care pIan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon request. Disclosure of information under this paragraph shall be readable, understandable, and on a standardized form containing information regarding all of the following for each plan it offers: (i) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided, which disclosure may also be published on an Internet service site made available by the managed care entity at no cost to such enrollees; (ii) Rules regarding copayments, prior authorization, or review requirements including, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the patient's being denied coverage or provision of a particular service; (iii) Potential liability for cost sharing for out-of-network services, including, but not limited to, providers, drugs, and devices or surgical procedures that are not on a list or a formulary; (iv) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network); (v) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request, and the list of individual participating providers shall also be updated at least every 30 days and may be published on an Internet service site made available by the managed care entity at no cost to such enrollees; (vi) Enrollee rights and responsibilities, including an explanation of the grievance process provided under this article; (vii) An explanation of what constitutes an emergency situation and what constitutes emergency services; (viii) The existence of any limited utilization incentive plans; (ix) The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions; (x) The existence of limitations on choices ofhealth care providers; (xi) A statement as to where and in what manner additional information is available; (xii) A statement that a summary of the number, nature, and outcome results of grievances filed in the previous three years shall be available for

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inspection. Copies of such summary shall be made available at reasonable costs; and (xiii) A summary of any agreements or contracts between the managed care plan and any health care provider or hospital as they pertain to the provisions of Code Sections 33-20A-6 and 33-20A-7. Such summary shall not be required to include fmancial agreements as to actual rates, reimbursements, charges, or fees negotiated by the managed care plan and any health care provider or hospital; provided, however, that such summary may include a disclosure of the category or type of compensation, whether capitation, fee for service, per diem, discounted charge, global reimbursement payment, or otherwise, paid by the managed care plan to each class of health care provider or hospital under contract with the managed care plan. (B) Such information shall be disclosed to each enrollee under this article at the time of enrollment and at least annually thereafter. (C) Any managed care plan licensed under Chapter 21 of this title is deemed to have met the certification requirements of this paragraph. (D) A managed care entity which negotiates with a primary care physician to become a health care provider under a managed care plan shall furnish that physician, beginning on and after January 1, 2001, with a schedule showing fees payable for common office based services provided by such physicians under the plan;'.

SECTION 3. Said title is further amended by adding a new Code Section 33-24-56.4 to read as follows:
'33-24-56.4. (a) This Code section shall be known and may be cited as the 'Georgia Telemedicine Act.' (b) As used in this Code section, the term:
(1) 'Health benefit policy' means any individual or group plan, policy, or contract for health care services issued, delivered, issued for delivery, executed, or renewed in this state, including, but not limited to, those contracts executed by the State of Georgia on behalf of state employees under Article 1 of Chapter 18 of Title 45, by an insurer. (2) 'Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, preferred provider organization, provider sponsored health care corporation, managed care entity, or any similar entity authorized to issue contracts under this title or to provide health benefit policies. (3) 'Telemedicine' means the practice, by a duly licensed physician or other health care provider acting within the scope of such provider's practice, of health care delivery, diagnosis, consultation, treatment, or transfer of medical data by means of audio, video, or data communications which are used during

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a medical visit with a patient or which are used to transfer medical data obtained during a medical visit with a patient. Standard telephone, facsimile transmissions, unsecured electronic mail, or a combination thereof do not constitute telemedicine services. (c) It is the intent of the General Assembly to mitigate geographic discrimination in the delivery of health care by recognizing the application of and payment for covered medical care provided by means of telemedicine, provided that such services are provided by a physician or by another health care practitioner or professional acting within the scope of practice of such health care practitioner or professional and in accordance with the provisions of Code Section 43-34-31.1. (d) On and after July l, 2005, every health benefit policy that is issued, amended, or renewed shall include payment for services that are covered under such health benefit policy and are appropriately provided through telemedicine in accordance with Code Section 43-34-31.1 and generally accepted health care practices and standards prevailing in the applicable professional community at the time the services were provided. The coverage required in this Code section may be subject to all terms and conditions of the applicable health benefit plan.'

SECTION 4. Said title is further amended by striking Code Section 33-27-1, relating to group requirements generally, and inserting in lieu thereof a new Code Section 33-27-1 to read as follows:
'33-27 -1. No policy of group life insurance shall be delivered in this state unless it conforms to one of the following descriptions:
(1) EMPLOYEE GROUPS. A policy issued to an employer or to the trustees of a fund established by an employer, which employer or trustee shall be deemed the policyholder, to insure employees of the employer for the benefit of persons other than the employer, subject to the following requirements:
(A) The employees eligible for insurance under the policy shall be all ofthe employees of the employer or all of any class or classes thereof determined by conditions pertaining to their employment. The policy may provide that the term 'employees' shall include the employees of one or more subsidiary corporations and the employees, individual proprietors, and partners of one or more affiliated corporations, proprietors, or partnerships, if the business of the employer and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership or contract or otherwise. The policy may provide that the term 'employees' shall include the individual proprietor or partners if the employer is an individual proprietor or a partnership. The policy may provide that the term 'employees' shall include retired employees. No individual proprietor or partner shall be eligible for insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. A policy issued to insure the

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employees of a public body may provide that the term 'employees' shall include elected or appointed officials; (B) The premium for the policy shall be paid by the policyholder either from the employer's own funds or from charges collected from the insured employee specifically fur such insurance or from funds contributed by both the employer and the employee. A policy in which no part of the premium is to be derived from funds contributed by the insured employee must insure each eligible employee, except for any employee as to whom evidence of individual insurability is not satisfactory to the insurer; (C) The policy must cover at least two employees at date of issue; and (D) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees or by the employer or trustee. (2) DEBTOR GROUPS. A policy issued to a creditor or to a trustee or agent appointed by two or more creditors, which creditor, trustee, or agent shall be deemed the policyholder, to insure debtors of the creditor, subject to the following requirements: (A) The debtors eligible for insurance under the policy shall be all ofthe debtors of the creditor whose indebtedness is repayable either in installments, including any extraordinary payment of an installment or lease-purchase obligation, or in one sum at the end of a period not in excess of 24 months from the initial date of debt or all of any class or classes thereof determined by conditions pertaining to the indebtedness or to the purchase giving rise to the indebtedness. The policy may provide that the term 'debtors' shall include the debtors of one or more subsidiary corporations and the debtors of one or more affiliated corporations, proprietors, or partnerships, if the business of the policyholder and of such affiliated corporations, proprietors, or partnerships is under common control through stock ownership, contract, or otherwise. No debtor shall be eligible unless the indebtedness constitutes an irrevocable obligation to repay which is binding upon him during his lifetime at the time the insurance becomes effective upon his life; (B) The premium for the policy shall be paid by the policyholder either from the creditor's funds, from charges collected from the insured debtors, or from both. A policy on which part or all of the premium is to be derived from the collection from the insured debtors of identifiable charges not required of uninsured debtors shall not include, in the class or classes of debtors eligible for insurance, debtors under obligations outstanding at its date of issue without evidence of individual insurability unless at least 75 percent of the then eligible debtors elect to pay the required charges. A policy on which no part of the premium is to be derived from the collection of such identifiable charges must insure all eligible debtors or all except any as to whom evidence of individual insurability is not satisfactory to the insurer;

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(C) The policy may be issued only if the policy reserves to the insurer the right to require evidence of individual insurability ifless than 75 percent of the new entrants become insured. The policy may exclude from the classes eligible for insurance classes of debtors determined by age; (D) The amount of insurance on the life of any debtor shall at no time exceed the amount owed by him which is repayable in installments, the amount of the unpaid indebtedness, or $75,000.00, whichever is less. Where the indebtedness is repayable in one sum to the creditor, the insurance on the life of any debtor shall in no instance be in effect for a period in excess of24 months, except that such insurance may be continued for an additional period not exceeding six months in the case of default, extension, or recasting of the loan; and (E) The insurance shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid indebtedness of the debtor to the extent of such payment. (3) MoRTGAGEE GROUP. A policy issued to a creditor, or to a trustee or agent appointed by two or more creditors, which creditor, trustee, or agent shall be deemed the policyholder, to insure mortgagors of the creditor. The insurance must be written in connection with a credit transaction that is secured by a first mortgage or deed of trust; made to finance the purchase of real property or the construction of a dwelling thereon, or to refinance a prior credit transaction made for the purpose; and shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid mortgage of the mortgagor to the extent of such payment. (4) AGRICULTURAL LOANS. Notwithstanding the provisions of this Code section, group life insurance in connection with agricultural loans may be written up to the amount of the loan or loan commitment on the nondecreasing or level term plan; however, the amount of insurance on the lite of any such debtor shall not on any anniversary date of the insurance exceed the amount then owed by him which is repayable in installments, the amount of the then unpaid indebtedness, or $75,000.00, whichever is less. (5) LABOR UNION GROUPS. A policy issued to a labor union, which shall be deemed the policyholder, to insure members of such union for the benefit of persons other than the union or any of its officials, representatives, or agents, subject to the following requirements: (A) The members eligible for insurance under the policy shall be all of the members of the union or all of any class or classes thereof determined by conditions pertaining to their employment or to membership in the union, or both; (B) The premium for the policy shall be paid by the policyholder either wholly from the union's funds or partly from such funds and partly from funds contributed by the insured members specifically for their insurance. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured members specifically for their insurance. A policy on which no part of the premium is to be derived from funds

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contributed by the insured members specifically for their insurance must insure all eligible members or all except any as to whom evidence of individual insurability is not satisfactory to the insurer; (C) The policy must cover at least 25 members at date of issue; and (D) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the members or by the union. (6) TRUSTEE GROUPS. A policy issued to the trustees of a fund established by two or more employers or by one or more labor unions or by one or more employers and one or more labor unions, which trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions for the benefit ofpersons other than the employers or the unions, subject to the following requirements: (A) The persons eligible for insurance shall be all ofthe employees ofthe employers, all ofthe members of the unions, or all of any class or classes of employees or union members determined by conditions pertaining to their employment, to membership in the unions, or to both. The policy may provide that the term 'employees' shall include retired employees and the individual proprietor or partners if an employer is an individual proprietor or a partnership. No director of a corporate employer shall be eligible for insurance under the policy unless such person is otherwise eligible as a bona fide employee of the corporation by performing services other than the usual duties of a director. No individual proprietor or partner shall be eligible fur insurance under the policy unless he is actively engaged in and devotes a substantial part of his time to the conduct of the business of the proprietor or partnership. The policy may provide that the term 'employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship; (B) The premium for the policy shall be paid by the trustees wholly from funds contributed by the employer or employers of the insured persons, by the union or unions, or by both or partly from such funds and partly from funds contributed by the insured persons. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured persons specifically for their insurance. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance must insure all eligible persons or all except any as to whom evidence of individual insurability is not satisfactory to the insurer; (C) The policy must cover at date of issue at least 100 persons; and, if the fund is established by the members of an association of employers, the policy may be issued only if either the participating employers constitute at date of issue at least 60 percent of those employer members whose employees are not already covered for group life insurance or the total number of persons covered at date of issue exceeds 600; and the policy shall not require that, if a participating employer discontinues membership in the

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association, the insurance of his employees shall cease solely by reason of the discontinuance; and (D) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the insured persons or by the policyholder, employers, or unions. (7) AssOCIATION GROUPS. The lives of a group of individuals may be insured under a policy issued to an association, which shall be deemed the policyholder, to insure members of such association for the benefit of persons other than the association. As used in this paragraph, the term 'association' means an association of governmental or pub lie employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession. The policy shall be subject to the following requirements: (A) The members eligible for insurance under the policy shall be all of the members of the association or all of any class or classes of the association determined by conditions pertaining to their employment, to their trade, business, or profession, to their membership in the association, or to any two or more of such conditions. The policy may provide that officers and employees of the association who are bona fide members may be insured under the policy; (B) The policy must cover at least 25 members at date of issue; (C) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the association or by the members; and (D) The premium for the policy shall be paid by the policyholder either from the association's own funds, or from charges collected from the insured members specifically for the insurance, or from both. (8) BANK AND CREDIT UNION GROUPS. A bank authorized to do business in this state may carry insurance upon its depositors for amounts not to exceed the savings deposit balances of each depositor or $5,000 .00, whichever is less, and a credit union organized pursuant to the laws of this state or the Federal Credit Union Act may carry insurance upon its members for amounts not to exceed the share and deposit balances of each member or $5,000 .00, whichever is less. Such insurance shall be subject to the requirements of subparagraphs (A) through (D) of paragraph (7) of this Code section. (9) MULTIPLE EMPLOYER WELFARE ARRANGEMENTS. (A) The lives of a group of individuals may be insured under a policy issued to a legal entity providing a multiple employer welfare arrangement. As used in this paragraph, the term 'multiple employer welfare arrangement' means any employee benefit plan which is established or maintained for the purpose of offering or providing life insurance benefits to the employees of two or more employers, including self-employed individuals and their dependents. The term does not apply to any plan or arrangement which is

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established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement. (B) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee. ( 10) SPECIAL EMPLOYEE GROUPS. A corporation or a trustee of a trust established by a corporation which has an insurable interest in employees pursuant to subsection (c) of Code Section 33-24-3 and authority to effectuate insurance on employees pursuant to paragraph (4) or (5) of subsection (a) of Code Section 33-24-6 may establish an employee group to effectuate group life insurance policies on employees when such corporation or trustee of a trust is providing life, health, disability, retirement, or similar benefits to employees, provided that the premium for such group policies is wholly paid by the corporation or trustee of the trust and the proceeds of such policies are used to provide supplemental funding for such employee benefit plans:

SECTION 5. Said title is further amended by striking paragraph ( 1) of subsection (b) of Code Section 33-2 7-3, relating to required policy provisions, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(l) The provisions of paragraphs (6), (8), (9), and (1 0) of subsection (a) of this Code section shall not apply to policies issued to a creditor to insure debtors or mortgagors of such creditor:

SECTION 6. Said title is further amended by striking paragraph (3) of subsection (a) of Code Section 33-29-2, relating to requirements as to policies generally, and inserting in lieu thereofa new paragraph (3) to read as follows:
'(3) It purports to insure only one person, provided that a policy may insure, originally or by subsequent amendment upon the application of an adult member of a family who shall be deemed the policyholder, any two or more eligible members of that family, including husband, wife, dependent children, or any children, under a specified age which shall not exceed 19 years, and any other person dependent upon the policyholder; provided, further, that, if a policy purports to insure a dependent child of the policyholder, the child shall continue to be insured up to and including age 25 so long as the policy continues in effect, the child remains a dependent of the policyholder, and the child, in each calendar year since reaching the age specified in the policy for termination of benefits as a dependent of the policyholder, has been enrolled for five calendar months or more as a full-time student in a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury;'.

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SECTION 7. Said title is further amended by striking subsection (a) of Code Section 33-29-7, relating to provision in policies for refusal of renewal generally, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) Subject to Code Section 33-29-21, each policy, covered by this chapter, except accident insurance only policies, in which the insurer reserves the right to refuse renewal on an individual basis, shall provide, in substance, in a provision of the policy entitled 'renewability,' that, subject to the right to terminate the policy upon nonpayment of premiums when due, the right to refuse renewal shall not be exercised before the renewal date occurring on, or after and nearest, each anniversary or, in the case of lapse and reinstatement, at the renewal date occurring on, or after and nearest, each anniversary of the last reinstatement, and that any refusal or renewal shall be without prejudice to any claim originating while the policy is in force."

SECTION 8. Said title is further amended by striking subsection (c) of Code Section 33-29-8, relating to provision in policies renewable or cancelable at option of insurer for refund of premiums, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) For the purpose of this chapter, a major medical policy is any policy which provides benefits of at least 75 percent of necessary, reasonable, and customary charges for medical care, including hospitalization in semiprivate accommodations, with maximum lifetime benefit of at least $1 00,000.00, subject only to such exceptions, restrictions, limitations, and deductible as the Commissioner may deem reasonable.'

SECTION 9. Said title is further amended by striking paragraphs (5) and (6) of subsection (a) of Code Section 33-30-1, relating to "group accident and sickness insurance" defined, and inserting in lieu thereof new paragraphs (5), (6), and (7) to read as follows:
'(5) A policy issued to a creditor, or to a trustee or agent appointed by two or more creditors, which creditor, trustee, or agent shall be deemed to be the policyholder, to insure mortgagors of the creditor. The insurance must be written in connection with a credit transaction that is secured by a first mortgage or deed of trust; made to finance the purchase of real property or the construction of a dwelling thereon, or to refinance a prior credit transaction made for such a purpose; and shall be payable to the policyholder. Such payment shall reduce or extinguish the unpaid mortgage of the mortgagor to the extent of such payment. (6) Under a policy issued to cover any other substantially similar group which in the discretion of the Commissioner may be subject to the issuance of a group accident and sickness policy or contract; or
(7)(A) Under a policy issued to a legal entity providing a multiple employer welfure arrangement, which means any employee benefit plan which is

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established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, and their dependents. (B) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee.'

SECTION 10. Said title is further amended by striking Code Section 33-30-3, relating to ''blanket accident and sickness insurance" defined, and inserting in lieu thereof a new Code Section 33-30-3 to read as follows:
'33-30-3. 'Blanket accident and sickness insurance' is that form of group accident and sickness insurance covering the groups of persons listed in paragraphs (I) through (6) and issued upon the following basis:
(I) Under a group policy or contract issued to any common carrier or to any operator, owner, or lessee of a means of transportation, who or which shall be deemed the policyholder, covering a group defined as all persons or all persons of a class who may become passengers on such common carrier or such means of transportation; (2) Under a group policy or contract issued to an employer, who shall be deemed the policyholder, covering all employees, dependents, or guests defmed by reference to specified hazards incident to the activities or operations of the employer or any class of employees, dependents, or guests similarly defmed; (3) Under a group policy or contract issued to a school or other institution of learning, a camp, the sponsor of the institution of learning or camp, or to the head or principal thereof, who or which shall be deemed the policyholder, covering students or campers; and supervisors and employees maybe included; (4) Under a group policy or contract issued in the name of any religious, charitable, recreational, educational, or civic organization, which shall be deemed the policyholder, covering participants in activities sponsored by the organization; (5) Under a group policy or contract issued to a sports team or sponsors thereof, which shall be deemed the policyholder, covering members, officials, and supervisors; or (6) Under a group policy or contract issued to cover any other risk or class of risks which in the discretion of the Commissioner may be properly eligible for blanket accident and sickness insurance. The discretion of the Commissioner may be exercised on an individual risk basis or class of risks, or both.'

SECTION 11. Said title is further amended by striking paragraphs (I) and (4) of Code Section 33-30-4, relating to required provisions generally, and inserting in lieu thereof new paragraphs (I) and (4) to read as follows:

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'( 1) A provision that, in the absence of fraud or intentional misrepresentation of material fact in applying for or procuring coverage under the terms of the group policy or contract, all statements made by the policyholder shall be deemed representations and not warranties, and that no statement made for the purpose of effecting insurance shall avoid the insurance or reduce benefits unless contained in a written instrument signed by the policyholder, a copy of which has been furnished to the policyholder;' '(4) A provision that, with respect to termination ofbenefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured up to and including age 25 so long as the coverage of the member continues in effect, the child remains a dependent of the insured parent or guardian, and the child, in each calendar year since reaching any age specified for termination of benefits as a dependent, has been enrolled for five calendar months or more as a full-time student at a postsecondary institution of higher learning or, ifnot so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury. This paragraph shall not apply to group policies under which an employer provides coverage for dependents of its employees and pays the entire cost of the coverage without any charge to the employee or dependents; and'.

SECTION 12. Said title is further amended by striking subsection (b) of Code Section 33-30-6, relating to authority to issue blanket accident and sickness policies, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Every blanket and group policy, certificate of Insurance, or by whatever name called shall contain provisions which in the opinion of the Commissioner are at least as favorable to the policyholder and the individual insured as the following:
(1) A provision that the policy and the application shall constitute the entire contract between the parties, and that all statements made by the policyholder shall, in absence of fraud or intentional misrepresentation of material fact in applying for or procuring coverage under the terms of the group policy or contract, be deemed representations and not warranties, and that no such statements shall be used in defense to a claim under the policy, unless contained in a written application; (2) A provision that written notice of sickness or of injury must be given to the insurer within 20 days after the date when such sickness or injury occurred. Failure to give notice within that time shall neither invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to give the notice and that notice was given as soon as was reasonably possible; (3) A provision that the insurer will furnish to the policyholder such forms as are usually furnished by it for filing proof of loss. If the forms are not furnished before the expiration of ten working days after the giving of notice, the claimant shall be deemed to have complied with the requirements of the policy as to proof of loss upon submitting, within the time fixed in the policy

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for filing proof of loss, written proof covering the occurrence, character, and extent of the loss for which claim is made; (4) A provision that in the case of claim for loss of time fur disability, written proof of the loss must be furnished to the insurer within 30 days after the commencement of the period for which the insurer is liable, and that subsequent written proofs of the continuance of the disability must be furnished to the insurer at such intervals as the insurer may reasonably require, and that in the case of claim for any other loss, written proof of the loss must be furnished to the insurer within 90 days after the date of the loss. Failure to furnish the proofwithin such time shall neither invalidate nor reduce any claim if it shall be shown not to have been reasonably possible to furnish the proof and that the proof was furnished as soon as was reasonably possible; (5) A provision incorporating and restating the substance of the provisions of subsections (b) and (c) of Code Section 33-24-59.5, relating to time limits for payment of claims for benefits under health benefit policies and sanctions for failure to pay timely. If a policy provides bentlfits for loss of time, such policy shall also provide that, subject to proof of such loss, all accrued benefits payable under the policy for loss of time will be paid not later than at the expiration of each period of 30 days during the continuance of the period for which the insurer is liable and any balance remaining unpaid at the termination of such period will be paid immediately upon receipt of such proof; (6) A provision that the insurer, at its own expense, shall have the right and opportunity to examine the person of the insured when and so often as it may reasonably require during the pendency of a claim under the policy and shall also have the right and opportunity to make an autopsy in case of death, if an autopsy is not prohibited by law; (7) A provision that no action at law or in equity shall be brought to recover under the policy prior to the expiration of 60 days after written proof of loss has been furnished in accordance with the requirements ofthe policy, and that no action shall be brought after the expiration of three years after the time written proof ofloss is required to be furnished; and (8) A provision that, with respect to termination of benefits for, or coverage of, any person who is a dependent child of an insured, the child shall continue to be insured up to and including age 25 so long as the coverage of the insured parent or guardian continues in effect, the child remains a dependent of the parent or guardian, and the child, in each calendar year since reaching any age specified for termination ofbenefits as a dependent, has been enrolled fur five months or more as a full-time student at a postsecondary institution of higher learning or, if not so enrolled, would have been eligible to be so enrolled and was prevented from being so enrolled due to illness or injury.'

SECTION 13. Said title is further amended by striking subsection (a) of Code Section 33-30-9, relating to payment of benefits under blanket accident and sickness policies, and inserting in lieu thereof a new subsection (a) to read as follows:

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'(a) All benefits under any group or blanket accident and sickness policy shall be payable to the person insured, to his designated beneficiary or beneficiaries, or to his estate, provided that if the person insured is a minor or mental incompetent, the benefits may be made payable to his parent, guardian, or other person actually supporting him or, if the entire cost of the insurance has been borne by the employer, the benefits may be made payable to the employer."

SECTION 14. Said title is further amended by striking Code Section 33-3 0-15, relating to continuation of similar coverage, and inserting in lieu thereof a new Code Section 33-30-15 to read as follows:
'33-30-15. (a) As used in this Code section, the term:
( 1) 'Affiliation period' means a period, used by health maintenance organizations in lieu of a preexisting condition exclusion clause, beginning on the enrollment date, which must expire before health insurance coverage provided by a health maintenance organization becomes effective. The health maintenance organization is not required to provide health care benefits during such period, nor is it authorized to charge premiums over such a period. (2) 'Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following:
(A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or (L) A Peace Corps Act health benefit plan. (3) 'Insurer' means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any self-insured health care plan not subject to the exclusive jurisdiction

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of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (4) 'Newly eligible group member' means a Georgia domiciled group member or the dependent of a currently enrolled Georgia domiciled group member who has creditable coverage and who first becomes eligible to elect coverage under a group sponsored comprehensive major medical or hospitalization plan. A newly eligible group member also includes:
(A) During a special enrollment period, existing group members and existing dependents ofexisting group members who declined coverage when first offered because of the existence of other creditable coverage, if all the following conditions are met:
(i) The group member or group member's dependent had creditable coverage at such time when the group coverage was first offered; (ii) The group member stated in writing that such creditable coverage was the reason for declining enrollment in group coverage, if such statement is required by the policyholder; (iii) The coverage of the group member or group member's dependent was under COBRA and has been exhausted or the creditable coverage was terminated as a result of loss of eligibility for the creditable coverage or policyholder contributions toward such creditable coverage were terminated; and (iv) The group member requests such enrollment not later than 3 1 dayi after the date of exhaustion or termination of the creditable coverage; or (B) In the case of marriage, if the group member requests such enrollmen not later than 31 days following the date of marriage or the date dependen coverage is first made available, whichever is later, coverage of the spous, shall commence not later than the first day of the first month beginning afte the date the completed request for enrollment is received. (b) Notwithstanding any other provision of this title which might be construec to the contrary, on and after July l, 1998, all group basic hospital or medical expense, major medical, or comprehensive medical expense coverages which are issued, delivered, issued for delivery, or renewed in this state shall provide the following: (1) Subject to compliance with the provisions of subsections (c) and (d) ofthis Code section, any newly eligible group member, subscriber, enrollee, or dependent who has had creditable coverage under another health benefit plan within the previous 90 days shall be eligible for coverage immediately upon completion of any policyholder imposed waiting period; and (2) Once such creditable coverage terminates, including termination of such creditable coverage after any period ofcontinuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy to the eligible group member, subscriber, enrollee, or dependent. (c) Notwithstanding any provisions of this Code section which might be construed to the contrary, such coverages may include a limitation for preexisting

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conditions not to exceed 12 months for group members who enroll when newly eligible and 18 months for group members who enroll late following the effective date of coverage; provided, however, that:
( 1) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation for the period of time an individual was previously covered by creditable coverage; or (2) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation in accordance with an insurer's election of an alternative method pursuant to Section 701 (c)(3)(B) of the Employee Retirement Income Security Act of 1974. (d) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to pregnancies. (e) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to newborn children or newly adopted children where such children are added to the plan by the insured no later than 31 days following the date of birth or the date placed for adoption under order of the court of jurisdiction. (f) In case of a group health plan offered by a health maintenance organization, an affiliation period may be offered in place of the preexisting condition limitation described in subsection (c) of this Code section, provided that the affiliation period: (1) Is applied uniformly without regard to any health status related factors; (2) Does not exceed:
(A) Two months for newly eligible group members and dependents; or (B) Three months for group members who enroll late; and (3) Runs concurrently with any policyholder imposed waiting period under the plan. (g) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions ofthis Code section after notification and review of such regulations by the appropriate standing committees of the House of Representatives and Senate in accordance with the requirements of applicable law. The Commissioner may allow in such regulations methods other than that described in subsection (f) of this Code section for health maintenance organizations to address adverse selection, as authorized by the Employee Retirement Income Security Act of 1974, Section 701 (g)(3).'

SECTION 15. Said title is further amended by striking paragraph (1) of Code Section 33-30-22, relating to definitions regarding preferred provider arrangements, and inserting in lieu thereof a new paragraph (1) to read as follows:
'(1) 'Emergency services' or 'emergency care' means those health care services that are provided for a condition of recent onset and sufficient severity, including, but not limited to, severe pain, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his

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or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in:
(A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part.'

SECTION 16. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

REVENUE- GOVERNMENT CONTRACTS; NOTICE OF SALES TAX.
No. 83 (House Bill No. 306).
AN ACT
To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, so as to change certain provisions regarding payment of such tax with respect to certain tangible personal property; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended in Code Section 48-8-63, relating to payment ofsales and use tax by contractors, by adding a new subsection immediately following subsection (t) to be designated subsection (g) to read as follows:
'(g)(l) Nothing contained in this Code section shall be construed to impose any sales or use tax with respect to the use oftangible personal property owned by the State of Georgia, the University System of Georgia, or any county, municipality, local board of education, or other political subdivision of this state in the performance of contracts with such entities when the property is not actually used up and consumed in the performance of the contract. Tangible personal property incorporated into real property construction which loses its identity as tangible personal property shall be deemed to be used up and consumed within the meaning of this subsection. Any governmental entity which furnishes tangible personal property to a contractor for incorporation into a construction, renovation, or repair project conducted pursuant to a contract with such governmental entity shall issue advance written notice to such contractor of the amount of tax owed for such tangible personal property.

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The failure of the governmental entity to issue such advance written notice to the contractor of such tax liability shall render such governmental entity liable for such tax. (2) This subsection shall not apply with respect to the use of tangible personal property owned by the United States.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

BUILDINGS- CONSTRUCTION DEFECT CLAIMS; SETTLEMENT OFFERS; INSURANCE.
No. 84 (House Bill No. 307).
AN ACT
To amend Code Section 8-2-40 of the Official Code of Georgia Annotated, relating to the effect of a claimant's acceptance of a settlement in relation to a construction defect claim, so as to provide that a contractor's fulfillment of an offur for settlement or repair does not create insurance coverage or affect the parties' rights under a contractor's liability policy; 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 8-2-40 of the Official Code of Georgia Annotated, relating to the effect of a claimant's acceptance of a settlement in relation to a construction detect claim, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:
'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:
( 1) The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and (2) A contractor's performance of repairs or payment of money to a claimant made pursuant to this Code section shall not, by itself, create insurance coverage or otherwise affect the mutual rights and obligations of the parties under a contractor's liability insurance policy or, by itself, be considered a voluntary payment of an otherwise valid insured loss.

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(b) An insurer paying a claim under this part shall be subrogated to the rights of the claimant to whom the amounts 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.'

SECTION 2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 2, 2005.

RETIREMENT - SECURITIES INVESTMENT.
No. 85 (House Bill No. 319).
AN ACT
To amend Code Section 47-20-84 of the Official Code of Georgia Annotated, relating to large retirement systems, so as to provide that such retirement systems may invest in certain types of securities; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 4 7-20-84 of the Official Code of Georgia Annotated, relating to large retirement systems, is amended by inserting at the end thereof a new subsection to read as follows:
'(e) Subject to all other limitations in this chapter, a large retirement system may invest in securities issued by a unit investment trust or an open-end company:
( 1) That is listed on a securities exchange; (2) The assets of which consist of securities managed so that the fund replicates a listed index or specific market sector; (3) In which continuous markets are quoted by market makers in the applicable unit investment trust or open-end company; and (4) That has the capability of creating or redeeming shares as necessary to reflect demand.'

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

COURTS- JUVENILE COURT JUDGES; SALARY SUPPLEMENTS.
No. 86 (House Bill No. 334).
AN ACT
To amend Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts, terms and compensation of judges, state grants for judicial salaries, qualifications, presiding judge, practice of law, and actions by judges including administration and expenditures, so as to provide for judicial salary supplements under certain circumstances; to provide for related matters; to provide for effective dates; to provide for an automatic repealer; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 15-11-18 of the Official Code of Georgia Annotated, relating to creation of juvenile courts, terms and compensation of judges, state grants fur judicial salaries, qualifications, presiding judge, practice of law, and actions by judges including administration and expenditures, is amended by striking paragraph .(2) of subsection (d) and inserting in lieu thereof the following:
'(2) The state, out of funds appropriated to the judicial branch of government, shall contribute toward the salary of the judges on a per circuit basis in the following amounts:
(A) Each circuit with one or more juvenile court judges who are not superior court judges assuming the duties ofjuvenile court judges shall receive a state grant of$85,000.00. (B) In addition to the base amount set out in subparagraph (A) of this paragraph, each circuit which on or after October I, 2000, has more than four superior court judges is eligible for additional state grants. For each superior court judge who exceeds the base of four judges, the circuit shall be eligible for an additional grant in an amount equal to one-fourth of the base amount of the state grant set out in subparagraph (A) of this paragraph. (C) In those circuits where the judge or judges of the superior court elect to use the state grant provided in this paragraph for one or more part-time judges, the amount ofthe state grant shall be as follows:

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(i) For each part-time judge who works one day weekly ... $ 17,000.00
(ii) For each part-time judge who works two days weekly . . 34,000.00
(iii) For each part-time judge who works three days weekly 51,000.00
(iv) For each part-time judge who works four days weekly . 68,000.00;
provided, however, that a grant fur one or more part-time judges shall not exceed the amount the circuit is eligible for in accordance with subparagraphs (A) and (B) of this paragraph.
(D)(i) The grants contributed by the state in accordance with subparagraphs (A), (B), and (C) of this paragraph are intended to be minimum salaries for juvenile court judges, and are subject to being supplemented with county funds. In those circuits where the county or counties choose to contribute additional funds toward the salary of a judge that, in the aggregate, amount to at least 2 percent of the amount contributed by the state in accordance with subparagraphs (A), (B), and (C) of this paragraph, the state, in addition to the grant contributed in accordance with subparagraphs (A), (B), and (C) of this paragraph, shall also contribute a supplemental grant in an amount equal to 2 percent of the amount contributed by the state in accordance with subparagraphs (A), (B), and (C) of this paragraph. (ii) The provisions of this subparagraph shall become effective on January 1, 2006, and shall be repealed by operation oflaw effective at 11:59 P.M. on December 31, 2006. (E)(i) The grants contributed by the state in accordance with subparagraphs (A), (B), and (C) of this paragraph are intended to be minimum salaries for juvenile court judges, and are subject to being supplemented with county funds. In those circuits where the county or counties choose to contribute additional funds toward the salary ofa judge that, in the aggregate, amount to at least 2 percent of the amount contributed by the state in accordance with subparagraphs (A), (B), and (C) of this paragraph, the state, in addition to the grant contributed in accordance with subparagraphs (A), (B), and (C) of this paragraph, shall also contribute a supplemental grant in an amount equal to 2 percent of the amount contributed by the state in accordance with subparagraphs (A), (B), and (C) of this paragraph; provided, however, that such grants shall be cumulative of any amounts granted prior to December 31, 2006. (ii) The provisions of this subparagraph shall become effective on January 1, 2007, and shall be repealed by operation of law effective at 11:59 P.M. on December 31, 2007. (F) All state grants provided by this paragraph shall be spent solely on salaries for juvenile court judges and shall not be used fur any other purposes.'

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SECTION 2. Ail laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

LAW ENFORCEMENT- STATE CRIME LABORATORY; PRNATE LABORATORIES.
No. 87 (House Bill No. 347).
AN ACT
To amend Code Section 35-3-154.1 of the Official Code of Georgia Annotated, relating to admission of reports from state crime laboratory, so as to make such Code section applicable to certain private laboratories under contract to the state crime laboratory; 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 35-3-154.1 of the Official Code of Georgia Annotated, relating to admission of reports from state crime laboratory, is amended by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows:
'(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 or an employee of a laboratory with which the state crime laboratory has a contract for the provision oflaboratory or scientific examination or analysis, authenticated under oath, is prima-facie evidence in court proceedings in this 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:
( 1) That he or she is certified to perform the requisite analysis or examination; (2) His or her experience as a chemist or analyst and as an expert witness testifYing in court; and (3) That he or she conducted the tests shown on the report using procedures approved by the bureau and the report accurately reflects his or her opinion regarding the results.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 2, 2005.

RETIREMENT- TEACHERS RETIREMENT SYSTEM; REPEAL CERTAIN
ELIGIBILITY REQUIREMENTS.
No. 88 (House Bill No. 373).
AN ACT
To amend Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System ofGeorgia, so as to repeal a provision relating to the eligibility of public school teachers and employees who are covered by a local retirement fund and who accept employment with nonsectarian schools; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 4 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia, is amended by striking Code Section 47-3-64, relating to the eligibilityofpublic school teachers and employees who are covered by a local retirement fund and who accept employment with private nonsectarian schools, and inserting in its place a new Code Section 47-3-64 to read as follows:
'4 7-3-64. Reserved.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 2, 2005.

GEORGIA LAWS 2005 SESSION

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REVENUE- MOTOR FUEL TAXES; EXEMPTION; PUBLIC MASS TRANSIT BUSES.

No. 89 (House Bill No. 384).

AN ACT

To amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to provide for an additional exemption from the motor fuel tax and the second motor fuel tax for a limited period of time; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended in subsection (b) by striking "or" at the end ofparagraph (8); by striking the period at the end ofparagraph (9) and inserting in its place "; or"; and by adding a new paragraph immediately following paragraph (9), to be designated paragraph (l 0), to read as follows:
'(10) During the period of July 1, 2005, through June 30, 2008, sales ofmotor fuel, as defined in paragraph (9) of Code Section 48-9-2, for public mass transit buses which are owned by state or local government or an entity created by local or general law of the General Assembly for which passenger fares are routinely charged and which buses are used exclusively for revenue generating purposes.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

HEALTH- QUALITY ASSESSMENT FEE; CARE MANAGEMENT.
No. 90 (House Bill No. 392).
AN ACT
To amend Chapter 8 of Title 31 of the Official Code of Georgia, relating to indigent and elderly patients, so as to provide for a quality assessment fee on care management organizations to be used to obtain federal fmancial participation for

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GENERAL ACTS AND RESOLUTIONS, VOL. I

medical assistance payments; to provide for authority; to provide for definitions; to establish a segregated account within the Indigent Care Trust Fund fur the deposit of assessment fees; to provide for a method for calculating and collecting the assessment fees; to authorize the Department of Community Health to inspect records of care management organizations; to provide for penalties for failure to pay an assessment fee; to provide for the collection of assessment fees by civil action and tax liens; to provide for the appropriation of funds in the segregated account for medical assistance payments; to provide for application of the "Georgia Medical Assistance Act of 1977"; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 31 of the Official Code of Georgia Annotated, relating to indigent and elderly patients, is amended by adding a new Article 6B to read as fullows:

'ARTICLE 6B

31-8-170. This article is passed pursuant to the authority of Article III, Section IX, Paragraph VI(i) of the Constitution.

31-8-171. As used in this article, the term:
( 1) 'Care management organization' means an entity granted a certificate of authority under Chapter 21 of Title 33 of the Official Code of Georgia Annotated and which meets the definition found in 42 U.S.C. Sec. 1396b(w)(7)(A)(viii) as it now exists or as it may be amended in the future. (2) 'Department' means the Department of Community Health created by Chapter 5A of this title. (3) 'Gross direct premium' shall have the meaning that the term has in Chapter 8 of Title 33 of the Official Code ofGeorgia Annotated. (4) 'Quality assessment fee' means the fee imposed pursuant to this article fur the privilege ofoperating a care management organization. (5) 'Segregated account' means an account for the dedication and deposit of provider fees which is established within the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. (6) 'Trust fund' means the Indigent Care Trust Fund created pursuant to Code Section 31-8-152.

31-8-172. There is established within the trust fund a segregated account for revenues raised through the imposition of the quality assessment fee. All revenues raised through such fees shall be credited to the segregated account within the trust fund and

GEORGIA LAWS 2005 SESSION

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shall be invested in the same manner as authorized for investing other moneys in the state treasury. Contributions and transfers to the trust fund pursuant to Code Sections 31-8-153 and 31-8-153.1 shall not be deposited into the segregated account.

31-8-173. (a) Each care management organization shall be assessed a quality assessment fee, in an amount to be determined by the department based on anticipated revenue estimates included in the state budget report, with respect to its gross direct premiums for the preceding quarter. The quality assessment fee shall be assessed uniformly upon all care management organizations. The aggregate quality assessment fees imposed under this article shall not exceed the maximum amount that may be assessed pursuant to the 6 percent indirect guarantee threshold set forth in 42 C.F.R. Section 433.68(t)(3)(i). (b) The quality assessment fee shall be paid quarterly by each care management organization to the department. A care management organization shall calculate and report its gross direct premiums upon a form prepared by the department and submit therewith payment of the quality assessment fee no later than the thirtieth day fullowing the end of each calendar quarter. The initial quality assessment fee report shall be filed and the initial payment of the quality assessment fee shall be submitted no later than April 30, 2006. A care management organization shall calculate and report the initial quality assessment fee using information about its gross direct premiums for the quarter ending March 31, 2006.

31-8-174. (a) The department shall collect the quality assessment fees imposed pursuant to Code Section 31-8-173. All revenues raised pursuant to this article shall be deposited into the segregated account. Such funds shall be dedicated and used for the sole purpose of obtaining federal financial participation for medical assistance payments to one or more providers pursuant to Article 7 of Chapter 4 of Title 49 or for purposes as authorized for expenditures from the trust fund. (b) The department shall prepare and distribute a form upon which a care management organization shall calculate and report to the department the quality assessment fee. (c) Each care management organization shall keep and preserve for a period of five years such books and records as may be necessary to determine the amount for which it is liable under this article. The department shall have the authority to inspect and copy the records of a care management organization for purposes of auditing the calculation of the quality assessment fee. All information obtained by the department pursuant to this article shall be confidential and shall not constitute a public record; provided, however, that information otherwise available to the public shall not become confidential solely because it has been obtained by the department. (d) In the event that the department determines that a care management organization has underpaid or overpaid the quality assessment fee, the department

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GENERAL ACTS AND RESOLUTIONS, VOL. I

shall notify the care management organization of the balance of the quality assessment fee or refund that is due. Such payment or refund shall be due within 30 days of the department's notice. (e) Any care management organization that fails to pay the quality assessment fee pursuant to this article within the time required by this article shall pay, in addition to the outstanding quality assessment fee, a 6 percent penalty for each month or fraction thereof that the payment is overdue. If a quality assessment fee has not been received by the department by the last day of the month, the department shall withhold an amount equal to the quality assessment fee and penalty owed from any medical assistance or other payment due such care management organization under the Medicaid program. The quality assessment fee levied by this article shall constitute a debt due the state and may be collected by civil action and the filing of tax liens in addition to such methods provided for in this article. Any penalty that accrues pursuant to this subsection shall be credited to the segregated account.

31-8-175. (a) Notwithstanding any other provision of this chapter, the General Assembly is authorized to appropriate as state funds to the department for use in any fiscal year all revenues dedicated and deposited into the segregated account. Such appropriations shall be made for the sole purpose of obtaining federal financial participation in the provision of health care services pursuant to Article 7 of Chapter 4 of Title 49 or for purposes as authorized for expenditures from the trust fund. Any appropriation from the segregated account fur any purpose other than medical assistance payments shall be void. (b) Revenues appropriated to the department pursuant to this Code section shall be used to match federal funds that are available for the purpose for which such trust funds have been appropriated. (c) Appropriations from the segregated account to the department shall not lapse to the general fund at the end of the fiscal year.

31-8-176. The department shall report annually to the General Assembly on its use of revenues deposited into the segregated account and appropriated to the department pursuant to this article.

31-8-177. Except where inconsistent with this article, the provisions ofArticle 7 of Chapter 4 of Title 49, the 'Georgia Medical Assistance Act of 1977,' shall apply to the department in carrying out the purposes ofthis article.'

SECTION 2. This Act shall become effective on July 1, 2005.

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

Approved May 2, 2005.

GUARDIAN AND WARD- HANDICAPPED PERSONS- HEALTH- PUBLIC GUARDIANS;
INVOLUNTARY TRANSFER OF CERTAIN RESIDENTS.
No. 91 (House Bill No. 394).
AN ACT
To amend Title 29 and Title 30 of the Official Code of Georgia Annotated, relating to guardians and wards, as such title was amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), which Act becomes effective July I, 2005, and to handicapped persons, respectively, so as to change certain provisions relating to the Department of Human Services; to add a defmition for ''public guardian"; to change certain provisions relating to qualifications of guardians of adults; to change certain provisions relating to order of preference in selection of guardians of adults; to provide for the appointment of a public guardian or the Department of Human Resources as a guardian of an adult in certain circumstances; to change certain provisions relating to the role of the director of a county department of family and children services; to enact a new chapter relating to public guardians; to provide for an oath of guardianship; to provide for qualifications and requirements of a public guardian; to provide for registration of a public guardian with the probate court; to provide for a bond by the public guardian; to provide for letters of guardianship; to provide for recordkeeping and reporting; to provide for additional security on a bond; to provide for revocation of letters of guardianship; to provide for compensation; to provide for the appropriation of funds for compensation in certain circumstances; to revise the definition of "director"; to revise certain provisions relating to investigation of reports of need for protective services; to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a facility and return to facility after transfer, so as to revise the notification to go to the Department of Human Resources; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, as such title was amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), which Act becomes effective July I, 2005, is amended in Code Section 29-1-1, relating to definitions, by inserting after paragraph (16) a new paragraph to read as follows:
'(16.1) 'Public guardian' means an individual or private entity, including a nonprofit entity, appointed pursuant to Chapter 10 of this title.'

SECTION 2. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by striking Code Section 29-4-2, relating to qualifications of guardians selected for adults, in its entirety and inserting in lieu thereof the following:
'29-4-2. (a) Only an individual may serve as guardian of an adult, except in the event a public guardian or the Department of Human Resources is appointed pursuant to subsection (b .I) ofCode Section 29-4-3. (b) No individual maybe appointed as guardian ofan adult who:
(I) 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. (c) No entity may be appointed as guardian of an adult which: (I) 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 (2) Is a long-term care or other caregiving institution or facility at which the adult is receiving care:

SECTION 3. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended in Code Section 29-4-3, relating to order ofpreference in selection of guardians of adults, by striking subsection (b) in its entirety and inserting in lieu thereof the following:
'(b) Individuals who are eligible have preference in the following order: (I) The individual last nominated by the adult in accordance with the provisions of subsection (c) ofthis Code section; (2) The spouse ofthe adult or an individual nominated by the adult's spouse in accordance with the provisions ofsubsection (d) of this Code section;

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(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; (4) A parent of the adult or an individual nominated by a parent of the adult in accordance with the provisions of subsection (d) of this Code section; (5) A guardian appointed during the minority of the adult; (6) A guardian previously appointed in Georgia or another state; (7) A friend, relative, or any other individual; (8) Any other person, including a volunteer to the court, found suitable and appropriate who is willing to accept the appointment; and (9) The county guardian. (b.l) If no other person is available to serve as guardian of the ward, the judge may appoint a public guardian in accordance with Chapter 10 of this title. In the event the court determines that there is no public guardian registered in accordance with Chapter 10 of this title appropriately available to serve as guardian for a ward, the court may appoint the Department of Human Resources as guardian. If so appointed, the department shall designate a representative of the department to provide guardian services who shall take the oath of guardianship. If, after having been so appointed, the department presents to the court a public guardian registered in accordance with Chapter 10 of this title or some other person suitable and appropriate to serve as guardian of a ward and willing to so serve, the court shall allow the department to resign and shall appoint such public guardian or such other person. Ifthe department is appointed pursuant to this subsection, it shall be bound by all the requirements of this chapter, except that it shall not be required to post bond or pay any cost or fee of court associated with the guardianship proceeding. If the department is appointed pursuant to this subsection and enters into a contract with an independent contractor for the provision of guardianship services, the expense of providing such services may be paid for from state funds appropriated for public guardians under Chapter 10 of this title or, upon approval ofthe court, from the estate ofthe ward.'

SECTION 4. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by striking Code Section 29-9-10, relating to the role of the director of a county department of family and children services, in its entirety and inserting in lieu thereof the following:
'29-9-1 0. When appointed pursuant to subsection (b.l) of Code Section 29-4-3, a duly appointed delegate of the Department of Human Resources is authorized to take the oath of guardianship before the judge of any probate court of this state.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 5. Said title, as amended by an Act approved May 5, 2004 (Ga. L. 2004, p. 161), is further amended by inserting at the end of such title a new chapter to read as follows:

'CHAPTER 10

29-10-1. As used in this chapter, the term 'public guardian' means an individual or private entity, including a nonprofit entity, who meets the qualifications required in this chapter and has registered with and been duly approved by the probate court to serve as a public guardian of an adult pursuant to Code Section 29-4-3.

29-10-2. When appointed pursuant to subsection (b.l) of Code Section 29-4-3, a public guardian is authorized to take the oath of guardianship before the judge of any probate court of this state. In the event of a public guardian that is a private entity, the employee or agent of such entity who will have direct contact with the ward shall take the oath required by this Code section.

29-10-3. (a) To be eligible to serve as a public guardian, an individual must:
(1) Be at least 18 years ofage; (2) Submit to a criminal background check with satisfactory results as prescribed by the Division of Aging Services of the Department of Human Resources; (3) Submit to an investigation ofthe individual's credit history as prescribed by the Division of Aging Services of the Department ofHuman Resources; (4) Attend and complete at least 20 hours of training approved by the Division of Aging Services of the Department of Human Resources, including but not limited to training conducted by such division, a professional association, or by the probate court; (5) Demonstrate competency, education, and experience in guardianships, social work, or case management; and fiduciary integrity to perform the duties of a public guardia11; (6) Demonstrate competency and ability to carry out the values ofthe ward; and (7) Agree to abide by the provisions of this chapter and to serve when appointed as public guardian without the ability to decline, except as provided for in Chapter 4 ofthis title. (b) To be eligible to serve as a pub lie guardian, an entity must: (1) Maintain an appropriate level of liability insurance covering all employees and agents who will have direct contact with a ward in an amount or amounts approved by the probate court;

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(2) Maintain a record for each employee and agent who will have direct contact with a ward and ensure that each such employee and agent submits to and meets the requirements of subsection (a) of this Code section; (3) Submit to an investigation of the entity's fmancial records; and (4) Agree to abide by the provisions of this chapter and to serve when appointed as public guardian without the ability to decline, except as provided for in Chapter 4 ofthis title. (c) An individual or entity shall submit all required documentation as specified by the probate court to show that such individual or entity and such entity's employees and agents meet the requirements ofthis Code section. (d) After completion of the initial training, a public guardian or employee or agent of a public guardian who will have direct contact with a ward, if an entity, must complete at least 20 additional hours of training every two years. The initial and subsequent training shall include, but not be limited to, instruction in: (1) Basic principles ofguardianship; (2) Rights of the ward; (3) Alternatives to guardianship; (4) Court procedures; (5) Legal duties, responsibilities, and roles of guardians; (6) Fiduciary responsibilities, record keeping, reporting, administrative duties, intake process, and planning; (7) Availability of resources, public benefits, and social services; (8) Health care and end-of-life planning; (9) Mental, developmental, and physical disabilities; (10) Communications; (11) Case management; and (12) Property management. (e) Any costs incurred by a public guardian to comply with these requirements shall be at the expense of the individual or private entity and shall not be paid with the assets ofany ward.

29-10-4. (a) An individual who meets the requirements of Code Section 29-10-3 may be registered as a public guardian in the probate court of the county in which he or she is domiciled upon approval by the probate court. Such individual may also be registered in the probate court of other counties within a reasonable distance of the county in which he or she is domiciled as approved by such other probate courts. (b) A private entity that meets the requirements of Code Section 29-10-3 may be registered as a public guardian in the probate court of any county upon approval by such probate court. (c) The probate court of a county shall have the sole discretion regarding the approval and registration of public guardians. Each probate court shall maintain a list of public guardians who have been registered and approved in its county. The Division of Aging Services of the Department of Human Resources shall

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GENERAL ACTS AND RESOLUTIONS, VOL. I

maintain a master list ofregistered public guardians throughout the state; and the probate courts shall submit, on January 1 and July 1 of each year or more often as required by the division, the list of registered public guardians in each county to the Division of Aging Services. (d) The Division ofAging Services of the Department of Human Resources shall develop a standard form that may be used by probate courts in registering public guardians.

29-10-5. A public guardian shall give bond with good security, to be judged by the court, in a sum of not less than $10,000.00. 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 public 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 public guardian as provided by law for actions on the bonds of other guardians.

29-10-6. The court shall grant to the public guardian separate letters of guardianship upon each appointment. The public guardian shall be subject to all liabilities and entitled to all the rights and emoluments provided for other guardians and shall be governed by the law provided for other guardians.

29-10-7. (a) A public guardian shall keep and maintain proper financial, case control, and statistical records on all matters in which the public guardian serves as guardian. (b) No report or disclosure ofthe ward's personal or medical records shall be made except as required or authorized by law. (c) A public guardian shall file an annual report with the probate court on the operations of the public guardian for the preceding year, in writing, by August 1. (d) Within six months of appointment as a public guardian, such public guardian shall submit to the probate court for placement in the ward's guardianship file a report on the public guardian's effurts to locate a family member or friend or other individual included in subsection (b) of Code Section 29-4-3 to act as the guardian of the ward and a report on the ward's potential to be restored to capacity. (e) The public guardian or employee or agent of a public guardian, if a private entity, shall visit the ward at least four times per year and more often as necessary. (f) A public guardian who is an individual shall serve no more than five wards at any one time. A public guardian that is an entity shall serve no more than 30 wards at any one time. In the discretion of the probate court, these maximum ratios may be increased or decreased for a particular public guardian, in light of all relevant circumstances.

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(g) Public guardians, county guardians, and conservators shall be required to work cooperatively together when appointed for the same ward.

29-10-8. (a) The probate court may require a public guardian to give additional security on the bond or to give an additional bond with security. The court shall have the authority to fix the amount of the bond and shall cite the public guardian to appear and show cause, if any, why the additional bond or security should not be given. (b) If upon the hearing the public 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 public guardian to give additional security on or before a certain date, which date shall be within 30 days of the date ofthe order. (c) Should the public 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 public guardian and to appoint another public guardian for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment.

29-10-9. The court may, for good cause shown, revoke the letters of guardianship of the public guardian, require additional security on the public guardian's bond, or issue any other order as is expedient and necessary fur the good of any particular guardianship in the hands ofthe public guardian.

29-10-10. Public guardians shall receive compensation for their services in accordance with the provisions of Chapter 4 of this title. However, for wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 of this title, at the discretion of the probate court judge, a request for payment for the public guardian to the Division of Aging Services of the Department of Human Resources, as provided for in Code Section 29-10-11, shall be made. A public guardian shall be paid the compensation provided for in Chapter 4 of this title pursuant to Code Section 29-10-11 to the extent that the available funds can meet that expense or, at the discretion of the judge, the public guardian's actual expenses may be reimbursed from the funds pursuant to Code Section 29-10-11.

29-10-11. (a) The General Assembly is authorized to appropriate state funds, by line item appropriation, for the purpose of providing compensation to public guardians for services to wards who have insufficient resources or income to pay the compensation provided for in Chapter 4 ofthis title.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(b) Any such funds appropriated shall be administered by the Division of Aging Services of the Department ofHuman Resources and paid, iffunds are available, upon submission of appropriate documentation by the probate court pursuant to Code Section 29-10-10.'

SECTION 6. Chapter 5 of Title 30 of the Official Code of Georgia Annotated, relating to the protection of disabled adults and elder persons, is amended by striking paragraph (5) of Code Section 30-5-3, relating to definitions, and inserting in its place the following:
'(5) 'Director' means the director of the Division of Aging Services of the Department of Human Resources, or the director's designee:

SECTION 7. Said chapter is further amended by striking subsections (a) and (h) of Code Section 30-5-5, relating to investigation of reports of need for protective services, and inserting in their respective places the following:
'(a) When the director receives a report that a disabled adult or elder person is in need of protective services, he or she shall conduct or have conducted a prompt and thorough investigation to determine whether the disabled adult or elder person is in need of protective services and what services are needed. The investigation shall include a visit to the person and consultation with others having knowledge of the fucts ofthe particular case. Within ten days after receipt of the report, the director shall acknowledge receipt of the report, in writing, to the person making the report.' '(h) Notwithstanding any other provisions of this Code section, if the director or adult protection agency employee receives a report or gains knowledge that a disabled adult or elder person is in need of protective services and such disabled adult or elder person may be in imminent danger resulting from abuse, exploitation, or neglect, the director or designee of the director may file a petition with the probate or superior court stating the grounds on which the director or designee of the director believes that the disabled adult or elder person may be in imminent danger and seeking immediate access to such person. The judge, in his or her discretion, may issue an ex parte order requiring the caretaker or any other person at the place where the disabled adult or elder person resides to afford an adult protection agency employee immediate access to such person to determine the person's well-being. If the adult protection agency employee is denied access to the disabled adult or elder person, the employee shall contact immediately a law enforcement officer to assist the employee in enforcing such order. Any person willfully violating any order issued pursuant to this subsection shall be in contempt of the court issuing such order and may be punished accordingly by the judge of the court. The adult protection agency employee shall conduct a brief investigation to determine the condition of the disabled adult or elder person.

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SECTION 8. Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a facility and return to facility after transfer, is amended by striking subsection (g) and inserting in its place the following:
'(g) Each resident shall be discharged from a facility after the resident or guardian gives the administrator or person in charge of the facility notice of the resident's desire to be discharged and the date of the expected departure. Where the resident appears to be incapable of living independently of the facility, the facility shall notify the Department of Human Resources in order to obtain social or protective assistance for the resident immediately. The notice of the discharge by the resident or guardian, the expected and actual date thereof: and notice to the department, where required, shall be documented in the resident's records. Upon such discharge and, if required, notice to the department, the facility is relieved from any further responsibility for the resident's care, safety, or well-being.'

SECTION 9. (a) Sections 1 through 5 of this Act shall become effective on July 1, 2005, and all appointments of guardians of the person made pursuant to former Title 29 shall continue in effect and shall thereafter be governed by the provisions of this Act. (b) Sections 6 through 10 ofthis Act shall become effective on July 1, 2005.

SECTION 10. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

GAME AND FISH - LICENSE, PERMIT, TAG, AND STAMP FEES.
No. 92 (House Bill No. 662).
AN ACT
To amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, and fishing licenses, so as to change certain provisions relating to game and fish license, permit, tag, and stamp fees; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 1. Article I of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, and fishing licenses, is amended by striking Code Section 27-2-23, relating to game and fish license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
'27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:
(I) Hunting licenses:

(A) Resident hunting license

Annual

$ 10.00

(B) Nonresident hunting license

Annual

75.00

(C) Nonresident three-day hunting license

Three-day

30.00

(D) Resident one-day hunting license

One-day

5.50

(D .I) Nonresident one-day hunting license

One-day

12.00

(E) Resident big game license

Annual

9.00

(F) Nonresident big game license

Annual

135.00

(F.!) Nonresident three-day big game license

Three-day

50.00

(G) Nonresident shooting.preserve hunting license

Season

12.00

(H) Commercial fox hunting preserve license

Season

60.00

(I) Commercial fox breeder license

Season

60.00

(J) Waterfowl license valid for residents

and nonresidents

Annual

5.50

(K) Georgia migratory bird license

Annual

Free

(L) Resident primitive weapons license Annual

8.00

(M) Nonresident primitive weapons license

Annual

25.00

(2) Resident hunting/fishing license

Annual

17.00

GEORGIA LAWS 2005 SESSION

(3) Resident sportsman's license (4) Recreational fishing licenses:
(A) Resident fishing license (B) Nonresident fishing license (C) Nonresident fishing license (D) Fishing license, valid for residents and nonresidents (E) Resident trout license (F) Nonresident trout license (5) Trapping licenses: (A) Resident commercial trapping license (B) Nonresident commercial trapping license (6) Commercial fishing licenses: (A) Resident commercial fishing license (B) Nonresident commercial fishing license (C) Resident commercial crabbing license (D) Nonresident commercial crabbing license (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license (B) Nonresident fur dealer license (C) Fur dealer's agent license
(8) Miscellaneous licenses and permits:

Annual
Annual Annual Seven-day One-day Annual Annual
Annual Annual
Season Season Season Season
Annual Annual Annual

519 60.00
9.00 24.00
7.00 3.50 5.00 13.00
30.00 295.00
12.00 118.00
12.00 118.00
295.00 415.00 180.00

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(A) Retail fish dealer license

Annual

10.00

(B) Wholesale fish dealer license

Annual

59.00

(C) Resident game-holding permit

Annual

5.00

(D) Commercial quail breeder permit

Annual

30.00

(E) Scientific collecting permit

Annual

50.00

(F) Wildlife exhibition permit

Annual

59.00

(G) Commercial shooting preserve license

Annual

150.00

(H) Private shooting preserve license

Annual

75.00

(I) Blanket commercial shooting preserve license

Annual

500.00

(J) Commercial fish hatchery license

Annual

59.00

(K) Catch-out pond license

Annual

236.00

(L) Soft-shell crab dealer license

Annual

10.00

(M) Resident taxidermist license

Three-year

150.00

(N) Nonresident taxidermist license

Three-year

500.00

(0) Falconry permit

Three-year

30.00

(P) Commercial alligator farming license

Annual

50.00

(Q) Alligator hunting license

Annual

50.00

(R) Wild animal license

Annual

236.00

(S) Wild animal auction license

Seven-day

5,000.00

(T) Resident bait dealer license

Season

25.00

(U) Nonresident bait dealer license

Season

150.00

(9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph.

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SECTION 2. Said article is further amended by striking Code Section 27-2-23, relating to game and fish license, permit, tag, and stamp fees, and inserting in lieu thereof the following:
'27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows:

(l) Hunting licenses: (A) Resident hunting license

Annual

$ 8.50

(B) Nonresident hunting license

Annual

75.00

(C) Nonresident three-day hunting license

Three-day

30.00

(D) Resident one-day hunting license

One-day

5.50

(D.l) Nonresident one-day hunting license

One-day

12.00

(E) Resident big game license

Annual

7.50

(F) Nonresident big game license

Annual

135.00

(F.l) Nonresident three-day big game license

Three-day

50.00

(G) Nonresident shooting preserve hunting license

Season

10.00

(H) Commercial fox hunting preserve license

Season

50.00

(I) Commercial fox breeder license

Season

50.00

(J) Waterfowl license valid for residents and nonresidents
(K) Georgia migratory bird license
(L) Resident primitive weapons license
(M) Nonresident primitive weapons license
(2) Resident hunting/fishing license

Annual Annual Annual
Annual Annual

5.50 Free 8.00
25.00 15.50

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(3) Resident sportsman's license
(4) Recreational fishing licenses:
(A) Resident fishing license
(B) Nonresident fishing license (C) Nonresident fishing license
(D) Fishing license, valid for residents and nonresidents (E) Resident trout license (F) Nonresident trout license
(5) Trapping licenses:
(A) Resident commercial trapping license (B) Nonresident commercial trapping license
(6) Commercial fishing licenses:
(A) Resident commercial fishing license (B) Nonresident commercial fishing license
(C) Resident commercial crabbing license
(D) Nonresident commercial crabbing license (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license
(B) Nonresident fur dealer license (C) Fur dealer's agent license

Annual
Annual Annual Seven-day One-day Annual Annual
Annual Annual
Season Season Season Season
Annual Annual Annual

60.00
7.50 20.00
7.00 3.50 3.50 10.50
25.00 250.00
10.00 100.25
12.00 118.00
250.00 350.00 150.00

GEORGIA LAWS 2005 SESSION

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(8) Miscellaneous licenses and permits:

(A) Retail fish dealer license

Annual

5.00

(B) Wholesale fish dealer license

Annual

50.00

(C) Resident game-holding permit

Annual

2.50

(D) Commercial quail breeder permit

Annual

25.00

(E) Scientific collecting permit

Annual

5.00

(F) Wildlife exhibition permit

Annual

50.00

(G) Commercial shooting preserve license

Annual

25.00

(H) Private shooting preserve license

Annual

10.00

(I) Blanket commercial shooting preserve license

Annual

500.00

(J) Commercial fish hatchery license

Annual

50.00

(K) Catch-out pond license

Annual

200.00

(L) Soft-shell crab dealer license

Annual

10.00

(M) Resident taxidermist license

Three-year

150.00

(N) Nonresident taxidermist license

Three-year

500.00

(0) Falconry permit

Three-year

30.00

(P) Commercial alligator farming license

Annual

25.00

(Q) Alligator hunting license

Annual

50.00

(R) Wild animal license

Annual

200.00

(S) Wild animal auction license

Seven-day

5,000.00

(T) Resident bait dealer license

Season

25.00

(U) Nonresident bait dealer license

Season

150.00

(9) The board is authorized to provide by rule for a fee not to exceed $15.60 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife

524

GENERAL ACTS AND RESOLUTIONS, VOL. I

management areas or a fee not to exceed $61.25 for nonresident permits, licenses, or stamps issued under this paragraph.

SECTION 3. This Act shall become effective on July 1, 2005; except that Section 2 of this Act shall become effective on March 31, 2012.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

PUBLIC UTILITIES- TELEGRAPH COMPANIES; REPEAL DUTY TO DELNER DISPATCHES OR MESSAGES.
No. 93 (House Bill No. 622).
AN ACT
To amend Article 3 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telegraph service, so as to repeal provisions relating to the duty of telegraph companies to deliver dispatches or messages to persons residing within a certain proximity; 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 46 of the Official Code of Georgia Annotated, relating to telegraph service, is amended by repealing in its entirety Code Section 46-5-148, relating to the duty of telegraph companies to deliver dispatches or messages to persons residing within a certain proximity, and designating said Code section number as reserved, as follows:
'46-5-148. Reserved.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 2, 2005.

GEORGIA LAWS 2005 SESSION

525

MOTOR VEHICLESBIOPTIC DRIVERS; TWO YEAR LICENSES.

No. 94 (House Bill No. 613).

AN ACT

To amend Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of applicants for driver's licenses, so as to change the renewal period of licenses for bioptic drivers from two to four years; to eliminate the need fur a road test upon renewal; to provide for related matters; to provide an effective date; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 40-5-27 of the Official Code of Georgia Annotated, relating to the examination of applicants for driver's licenses, is amended by striking paragraph (4) of subsection (c) and replacing it with the following:
'(4) The user of a bioptic telescope shall require renewal of his or her license every four years. However, the person must be reevaluated at least biennially by an optometrist or ophthalmologist. A certification by the optometrist or ophthalmologist that the user's visual acuity, visual field, and eye health remain stable shall be presented to the department at the time of the biennial eye examination. In the event that changes in vision are determined, the person's license shall expire and the person must successfully repeat all of the steps described in subparagraphs (A) through (F) of paragraph (2) of this subsection in order to have his or her license reinstated. If no significant changes occur in the user's vision at the second biennial examination in a license renewal cycle, the user's license shall be renewed without the necessity of a road test examination or any further eyesight examination.'

SECTION 2. This Act shall become effective on July 1, 2005.

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

Approved May 2, 2005.

526

GENERAL ACTS AND RESOLUTIONS, VOL. I

PROFESSIONS- LICENSURE OF GRADUATES OF NONAPPROVED MEDICAL OR
OSTEOPATHIC COLLEGES; ORTHOTICS; PROSTHETICS; ASSISTANTS AND TECHNICIANS.

No. 95 (House Bill No. 608).

AN ACT

To amend Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to license requirements for persons engaged in the practice of medicine, so as to change certain provisions relating to licensure to practice medicine by a person who graduated from a medical or osteopathic college which is not approved by the Composite State Board ofMedical Examiners; to amend Article 8 of Chapter 34 of Title 43 of the 0 fficial Code of Georgia Annotated, relating to orthotics and prosthetics practice, as such article was enacted by an Act approved May 16, 2002 (Ga. L. 2002, p. 1273), which Act becomes effective July 1 of the fiscal year following the year in which a specific appropriation of funds is made for purposes of implementing such article, so as to change certain provisions relating to construction of the article; to change certain provisions relating to supervision of assistants and technicians; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 43-34-27 of the Official Code of Georgia Annotated, relating to license requirements for persons engaged in the practice of medicine, is amended by striking paragraph (2) of subsection (a) and inserting in its place the fullowing:
'(2) Graduates of board approved medical or osteopathic colleges and persons who are graduated on or before July 1, 1985, from medical or osteopathic colleges which are not approved by the board must complete one year of a board approved internship or residency training program to be eligible to stand any regular examination given by the board for a license to practice medicine in this state. Persons who are graduated after July 1, 1985, from medical or osteopathic colleges which are not approved by the board must complete three years of internship, residency, fellowship, or other postgraduate medical training that is approved by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or the board to be eligible for a license to practice medicine in this state. Current certification of any applicant by a member board of the American Board of Medical Specialties may be considered by the board as evidence that such applicant's postgraduate medical training has satisfied the requirements of this paragraph. However, before any such person shall be eligible to receive a license to practice medicine in this state, he or she shall furnish the board with

GEORGIA LAWS 2005 SESSION

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satisfactory evidence of attainments and qualifications under this Code section and the rules and regulations of the board. Nothing contained in this Code section shall be construed so as to require a person who has previously passed an examination given by the board for a license to practice medicine in this state to stand another examination:

SECTION 2. Article 8 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to orthotics and prosthetics practice, as such article was enacted by an Act approved May 16, 2002 (Ga. L. 2002, p. 1273), which Act becomes effective July I of the fiscal year following the year in which a specific appropriation of funds is made for purposes of implementing such article, is amended in Code Section 43-34-193, relating to construction ofthe article, by striking paragraphs (II) and (12) and inserting in their respective places the following:
'(II) The measuring, molding, or fitting of knee braces by any person; ( 12) Employees or authorized representatives of an orthotic manufacturer from engaging in one or more of the following: evaluating, adjusting, measuring, designing, fabricating, assembling, fitting, servicing, training, repairing, replacing, or delivering an orthotic device under the order, direction, or prescription of a physician or health provider operating within his or her licensed scope of practice and meeting the criteria of the Part II Policy and Procedures for Orthotics and Prosthetics Services pursuant to Title XIX of the federal Social Security Act, as amended; or ( 13) A board certified pedorthist from manufacturing, fabricating, dispensing, or any combination thereof custom fuot orthotics or foot or ankle gauntlets:

SECTION 3. Said article, as such article was enacted by an Act approved May 16, 2002 (Ga. L. 2002, p. 1273 ), which Act becomes effective July I of the fiscal year following the year in which a specific appropriation of funds is made for purposes of implementing such article, is further amended in Code Section 43-34-197, relating to supervision of assistants and technicians, by striking subsection (b) and inserting in its place the following:
'(b) No person shall work as a technician unless the work is performed under the direction of a person licensed under this article, which shall not require direct supervision.'

SECTION 4. (a)(l) For purposes of promulgating rules and regulations, Sections 2 and 3 of this Act shall become effective on July I of the fiscal year in which this Act becomes effective as provided by paragraph (3) of this subsection. (2) For all other purposes, Sections 2 and 3 of this Act shall become effective July I of the fiscal year following the year in which this Act becomes effective as provided by paragraph (3) of this subsection.

528

GENERAL ACTS AND RESOLUTIONS, VOL. I

(3) Sections 2 and 3 ofthis Act shall become effective only upon the specific appropriation of funds for purposes of said sections of this Act, including without limitation those positions necessary for implementation, as expressed in an appropriations Act enacted by the General Assembly. (b) All sections of this Act other than Sections 2 and 3 shall become effective July 1, 2005.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

ALCOHOLIC BEVERAGES REPEAL OBSOLETE LAWS.
No. 96 (House Bill No. 558).
AN ACT
To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, so as to repeal Code Section 3-3-28, relating to reuse, counterfeiting, or forging of tax stamps; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts involving alcoholic beverages, is amended by repealing in its entirety Code Section 3-3-28, relating to reuse, counterfeiting, or forging of tax stamps, and by designating said Code section number as reserved.
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 2, 2005.

GEORGIA LAWS 2005 SESSION

529

LOCAL GOVERNMENT- COUNTY POLICE; REPEAL DUTY TO INSPECT ROADS AND BRIDGES.

No. 97 (House Bill No. 557).

AN ACT

To amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to repeal Code Section 3 6-8-6, relating to duties of county police with respect to inspection of roads and bridges; to provide fur related matters; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, is amended by repealing in its entirety Code Section 36-8-6, relating to duties of county police with respect to inspection of roads and bridges, and designating said Code section number as reserved.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

REVENUE - REPEAL OBSOLETE LAWS.
No. 98 (House Bill No. 556).
AN ACT
To amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to repeal certain obsolete statutes relating to taxation and revenue; to repeal provisions relating to standards for bound tax digests, separate assessment and appeal of property for school property tax purposes, adjustment of Georgia taxable net income because of certain federal tax treatment of certain capital gains, and required questions about intangible taxes on income tax returns; to provide for related matters; to repeal conflicting laws; and fur other purposes.

530

GENERAL ACTS AND RESOLUTIONS, VOL. I

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 48 of the 0 fficial Code of Georgia Annotated, the "Georgia Public Revenue Code," is amended by repealing in its entirety each of the following Code Sections or parts of Code sections and by designating the Code section numbers of the repealed Code sections as reserved:
( 1) Code Section 48-5-107, relating to standards for bound tax digests; (2) Code Section 48-5-403, relating to separate assessment and appeal of property for school property tax purposes; (3) Subsection (e) of Code Section 48-7-27, relating to adjustment of Georgia taxable net income because of certain federal tax treatment of certain capital gains; (4) Code Section 48-7-55, relating to required questions about intangible taxes on income tax returns.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

EDUCATION- DEGREE PROGRAM STUDENTS; PROFESSIONAL ASSOCIATION.
No. 99 (House Bill No. 553).
AN ACT
To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that a student in a degree program shall not be required to join a professional association as a condition of enrollment; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, is amended by adding at the end thereofa new Code Section 20-3-87 to read as follows:

GEORGIA LAWS 2005 SESSION

531

'20-3-87. No student in a degree program in the university system shall be required to join a professional association as a condition of enrollment in such degree program.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

COURTS- SHERIFF; OFFICE VACANT IF PEACE OFFICER CERTIFICATION REVOKED.
No. 100 (House Bill No. 521).
AN ACT
To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to provide that the office of sheriff shall be deemed vacant if the sheriffs certification as a peace officer is revoked; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, is amended by striking Code Section 15-16-8, relating to vacancies in the office of sheriff, and inserting in lieu thereof the following:
'15-16-8. (a) Except as otherwise provided by local law, vacancies in the office of sheriff shall be filled and the proceedings thereafter shall be as in cases of vacancies in the office of clerk of the superior court, subject to the exception provided in subsection (b) of this Code section. (b) In case there is a fuilure to appoint, as set forth in Code Section 15-6-54, the coroner of the county shall act as sheriff. If there is no coroner, the sheriff of any adjoining county is authorized to act as sheriff until the judge ofthe probate court makes the appointment or an election is held. (c) Notwithstanding the provisions of Code Section 45-5-1, the office of sheriff shall by operation of law be deemed vacant upon certification by the Georgia Peace Officer Standards and Training Council to the judge of the probate court of the county that the certification required to be a peace officer has been revoked

532

GENERAL ACTS AND RESOLUTIONS, VOL. I

for the sheriff of said county. Such vacancy shall be filled as provided in this Code section.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

REVENUE- HOTEL MOTEL TAX PERFORMANCE REVIEW BOARD.
No. 101 (House Bill No. 505).
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 as to change certain provisions regarding county and municipal levies on public accommodations; to change certain provisions regarding the Hotel Motel Tax Performance Review Board; 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 division (a)(9)(B)(ii) of Code Section 48-13-51, relating to county and municipal levies on public accommodations, and inserting in its place a new division (a)(9)(B)(ii) to read as follows:
'(ii) A county or municipality contractually expending funds to meet the expenditure requirements ofparagraph (2), (2.1), (3), (3.1), (3.2), (3.3), (3 .4), (3.5), (3. 7), (4), (4.1 ), (4.2), (4.3 ), (4.4), (4.5), (4.6), (4.7), (5), (5 .1 ), or (5.2) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. If the audit required by Code Section 36-81-7 identifies noncompliance with the applicable expenditure requirements 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 Department of Community Affuirs upon completion of the report review required by paragraph (2) of subsection (d) of Code Section 36-81-7. The state auditor shall furnish a copy of all documents submitted by the local

GEORGIA LAWS 2005 SESSION

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government or the local government's auditor pertammg to noncompliance with this subparagraph to the Department of Community Affuirs. The Department of Community Affairs shall submit a copy of such documents to the performance review board.

SECTION 2. Said article is further amended in Code Section 48-13-56.1, relating to the Hotel Motel Tax Performance Review Board, by adding a new subsection at the end thereof, to be designated subsection (f), to read as follows:
'(f) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a committee member is in attendance at a meeting of the committee, plus reimbursement for actual transportation costs incurred while traveling by public carrier or the mileage allowance authorized for certain state officials and employees for the use of a personal automobile in connection with such attendance. Such allowance and reimbursement shall be paid in lieu of any other per diem, allowance, or remuneration and shall be paid from funds appropriated to the Department of Community Affuirs.'

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

Approved May 2, 2005.

RETIREMENT- RETIRED TEACHERS; REEMPLOYMENT; BENEFITS UNAFFECTED.
No. 102 (House Bill No. 495).
AN ACT
To amend Article 7 of Chapter 3 of Title 4 7 of the Official Code of Georgia Annotated, relating to retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia, so as to provide that certain employers may employ a person who was retired under the Teachers Retirement System of Georgia on December 3 I, 2003, in a full-time capacity in certain positions and such person's retirement benefit shall not be affected; to provide that such person's salary shall be commensurate with his or her position and qualifications; to provide that any such person so employed shall continue to be a beneficiary of such retirement system and shall obtain no further credit toward retirement; to provide that the employer shall pay the normal employer's contribution to the retirement system for such employee; to provide that any retired

534

GENERAL ACTS AND RESOLUTIONS, VOL. I

member of the Teachers Retirement System of Georgia may return to full-time employment in certain covered positions and such person's retirement benefits shall not be affected; 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 47-2-127.1, relating to the employment of a retired teacher as a full-time teacher or in other capacities, and inserting in lieu thereof the following:
"47-3-127.1. (a) As used in this Code section, the term
( 1) 'Classroom teacher' means a certified teacher of pre-kindergarten through grade 12 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 beneficiary of this retirement system who was retired on a service retirement on December 3 1, 2003. (b)(1) A public school system may employ a retired teacher as a full-time classroom teacher, principal, superintendent, counselor, librarian, or improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section; provided, however, that a retired teacher 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 retired teacher who retired as a school superintendent may not be employed as a school superintendent by the same school system in which such person was so employed prior to his or her retirement. (2) A reg.ional educational service agency as defined in Code Section 20-2-270 may employ a retired teacher as a full-time improvement specialist and such person shall be subject to the provisions of subsection (c) of this Code section. (3) The salary paid to any retired teacher employed under this Code section shall be commensurate with the position and the individual's qualifications. Retired 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 beneficiary. (4) A pub lie 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 beneficiary.

GEORGIA LAWS 2005 SESSION

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(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, librarian, or improvement specialist, and such retired teacher'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 beneficiary. The provisions ofthis subsection shall not become a part of the employment contract and shall be subject to future legislation."

SECTION 2. All laws and parts oflaws in conflict with this Act are repealed.

Approved May 2, 2005.

RETIREMENT- PUBLIC RETIREMENT SYSTEMS; FEDERAL LAW COMPLIANCE.
No. 103 (House Bill No. 460).
AN ACT
To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make numerous changes throughout said title to ensure that Georgia's public retirement systems are in compliance with the federal Internal Revenue Code and regulations promulgated thereunder; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-1-61, relating to eligibility ofa veteran to establish creditable service and period ofqualified service, and inserting in lieu thereof the following:
'47-1-61. Any qualified returning veteran shall be eligible to establish creditable service with his or her retirement system or fund for not more than five years of qualified service by complying with the provisions of this article; provided, however, that such five-year period shall be extended by any period of mandatory service imposed by the uniformed service recognized by paragraph (4) of subsection (C) of Section 4312 of federal Public Law 103-35 3, the UnifOrmed Service Employment and Reemployment Rights Act of 1994. Notwithstanding any

536

GENERAL ACTS AND RESOLUTIONS, VOL. I

provisions of the law to the contrary, contributions, benefits, and service credits with respect to qualified uniformed service will be provided under each retirement or pension system in accordance with Section 414(u) of the federal Internal Revenue Code:

SECTION 2. Said title is further amended by inserting at the end of Chapter I, relating to general provisions, a new article to read as follows:

'ARTICLE 6

47-1-80. Notwithstanding any other provision of this title to the contrary, distributions from any public retirement or pension system shall conform to the regulations issued under Section 401 (a)(9) of the federa!Internal Revenue Code as applicable to a governmental plan within the meaning of Section 414(d) of the federal Internal Revenue Code and shall be implemented in accordance with the grandfathering provisions of such regulations applicable to annuity option distributions in effect on April 17, 2001.

47-1-81. Notwithstanding any other provisions of this title to the contrary that would otherwise limit a person's election under this Code section, a member of a retirement or pension system subject to this title may elect, at the time and in the manner prescribed by the board of trustees of such system, to have any portion of an eligible rollover distribution, as such term is defined in Section 402(c) of the federal Internal Revenue Code, paid directly to an eligible retirement plan, as such term is defined in Section 402(c) of the federal Internal Revenue Code, specified by the person in a direct rollover.

47-1-82. Notwithstanding any other provisions of this title to the contrary, the maximum benefit payable to any active or retired member or beneficiary of a retirement or pension system subject to this title shall be limited to such extent as may be necessary to conform to the requirements of Section 415 of the federal Internal Revenue Code for a qualified retirement plan:

SECTION 3. Said title is further amended by striking in its entirety paragraph (13) of Code Section 47-2-1, relating to definitions relative to the Employees' Retirement System of Georgia, and inserting in lieu thereof the following:
'( 13) 'Creditable service' means prior service plus membership service and any other service recognized as creditable service under this chapter:

GEORGIA LAWS 2005 SESSION

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SECTION 4. Said title is further amended by striking in its entirety paragraph (16) of said Code Section 47-2-1 and inserting in lieu thereofthe following:
"(16) 'Employee' means: (A) Any regularly classified worker, elected or appointed officer, or employee of a state agency or any employee of a county, city-county, or city board, which agency or board is under a state merit system of personnel administration, including a merit system for employees of the Department of Public Safety; (B) Any employee or officer of any other department, bureau, board, institution, or commission ofthe state: (i) Which department, bureau, board, or commission operates under a merit system of personnel administration; (ii) Which department operates under a tenure system as established by law; or (iii) Which department, bureau, board, or commission becomes eligible for inclusion in the retirement system by Act of the General Assembly; who receives payment for performance of personal services from the state or any department, bureau, institution, board, or commission of the state or from a county, city-county, or city board and who is employed in a position normally requiring actual performance of duty during not less than nine months of the year. 'Employee' shall not include members of the Teachers Retirement System of Georgia, members of the Public School Employees Retirement System, any person on the payroll of a third party with whom an employer has contracted for the provision of such person s services, or any person classified by an employer as other than a common law employee for federal tax purposes, even if a court, tribunal, or administrative agency determines that such person is a common law employee and not an independent contractor for federal tax purposes; (C) Any other provisions of law to the contrary notwithstanding, any and all civilians who are employed in or with the Army National Guard of Georgia and the Air National Guard of Georgia shall, upon establishment of a merit system for such civilian employees and upon the approval of the adjutant general, be entitled to the retirement allowances, benefits, and privileges provided by this chapter, notwithstanding that such employees may be paid by federal funds. No credit shall accrue to such civilian employees for any service rendered prior to the effective date of coverage under the retirement system. The adjutant general is authorized to make such arrangements and agreements as may be necessary or proper in order to effect deductions from the salaries or wages of such civilian employees as may be necessary Qr proper in the administration of the retirement system as to such civilian employees. It is the intent of the General Assembly that such persons be included in this definition only if federal funds are available for payment of employer contributions for such employees and other expenses of participation."

538

GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 5. Said title is further amended by inserting at the end of Code Section 47-2-28, relating to tables, calculations, and schedules for operation ofthe retirement system, simplified tables for estimation of retirement allowances, and effect on existing rights and benefits, a new subsection to read as follows:
'(c) The regular service retirement allowance payable to a member pursuant to the provisions of this chapter, prior to the application of any minimum benefit formula otherwise provided under this chapter, shall be determined pursuant to the formula adopted from time to time by the board of trustees for such purpose. Such formula shall be uniformly applicable to all members similarly situated. The board of trustees may establish rules and administrative procedures uniformly applicable to all members similarly situated relating to the calculation of such service retirement allowance.'

SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-2-31, relating to investment powers and power to employ agents as investment advisors and to make investments, and inserting in lieu thereof the following:
'(a) The board of trustees shall be the trustees of the funds and shall have full power to invest and reinvest the assets of the retirement system and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the retirement system have been invested, any proceeds of any investments, and any money belonging to the retirement system; provided, however, that such power shall be subject to all terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of this title, the 'Public Retirement Systems Investment Authority Law."

SECTION 7. Said title is further amended by striking in its entirety Code Section 47-2-55, relating to pension accumulation fund, purposes, employer contributions, normal and accrued liability contribution rates, and crediting of interest and dividends earned on funds of the retirement system, and inserting in lieu thereof the following:
'47-2-55. (a) The pension accumulation fund shall be the fund in which shall be held the reserves for all annuities in force and from which shall be paid all annuities and all benefits in lieu of annuities under this chapter. If a beneficiary is restored to membership, his annuity reserve shall be transferred from the pension accumulation fund to his individual account in the annuity savings fund. The pension accumulation fund shall also be the fund in which are accumulated all reserves for the payment of all pensions and other benefits payable fro!II contributions made by employers and from which are paid all such pensions and other benefits.

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Employer contributions shall consist of a percentage of the earnable compensation of members, to be known as the 'normal cost contribution,' and an additional percentage of such earnable compensation, to be known as the 'unfunded accrued liability contribution.' These contributions shall be borne by appropriations from state and federal funds. The percentage rate of each portion of the employer contribution shall be fixed on the basis of the liabilities of the retirement system, as shown by actuarial valuation, as provided for in subsection (b) of Code Section 47-2-26, subject to the provisions of Code Section 47-20-10. All interest and dividends earned on the funds of the retirement system shall be credited to the pension accumulation fund. Once each year the board of trustees shall transfer from the pension accumulation fund to the annuity savings fund such amounts as are sufficient to allow regular interest on the balances of the individual accounts of members in the annuity savings fund.'

SECTION 8. Said title is further amended by striking in its entirety Code Section 47-2-57, relating to certification of normal and unfunded accrued liability contribution rates to employers and provision in employer's budget for employer contributions, and inserting in lieu thereof the following:
'47-2-57. On or before June 1 of each year, the normal cost and unfunded accrued liability contribution rates, as determined on the basis of the last actuarial valuation, shall be certified by the board of trustees to the director or chief administrative officer of each employer having members in its employ. Each such employer shall make provision in its annual budget for funds with which to pay to the board of trustees an amount equal to the normal cost contributions and the unfunded accrued liability contributions on the earnable compensation of all contributing members under their administration and for an additional amount as expense for the operation of the retirement system.'

SECTION 9. Said title is further amended by striking in its entirety paragraph (6) of Code Section 47-3-1, relating to definitions relative to the Teachers Retirement System of Georgia, and inserting in lieu thereof the following:
'(6) 'Average final compensation' means the average annual earnable compensation of a teacher during the two consecutive years of membership service producing the highest such average.'

SECTION 10. Said title is further amended by striking in its entirety paragraph (10) of said Code Section 47-3-1 and inserting in lieu thereofthe following:
'( 10) 'Creditable service' means prior service plus membership service and any other service established under this chapter.'

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SECTION 11. Said title is further amended by inserting immediately following paragraph (25) of said Code Section 47-3-l the following:
'(25.1) 'Salary' shall have the same meaning as earnable compensation.0

SECTION 12. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-3-41, relating to the annuity savings fund generally, and inserting in lieu thereof the following:
'(a) The annuity savings fund shall be the fund in which shall be accumulated the contributions deducted from the compensation of members to provide for their annuities. Contributions to and payments from the annuity savings fund shall be made as follows:
( 1) After the commencement date, each employer shall cause to be deducted from the salary of each member for each and every payroll period a percentage of the member's earnable compensation as determined by the board of trustees which shall be not less than 5 nor more than 6 percent; but no such deduction shall be made from the compensation of a member after the close of the school, fiscal, or contract year in which the member has attained age 65 and has completed 40 or more years of creditable service. In determining the amount earnable by a member in a payroll period, the employer may consider the annual rate of compensation payable to such member on the first day of the payroll period as continuing throughout such payroll period. The employer may omit the deduction from compensation for any period which is less than a full payroll period, if a teacher was not a member on the first day of the payroll period. In order to facilitate the making of deductions, the employer may modify the deductions required of any member by an amount not to exceed one-tenth of l percent of the annual compensation, on the basis of which such deductions are to be made. Each employer shall immediately pay the amount deducted to the board of trustees, in such manner as the board of trustees shall prescribe, which amount shall be credited by the board of trustees to the individual accounts in the annuity savings fund of the member from whose compensation the deductions were made. Beginning July l, 1987, the employee contributions required under this paragraph shall be paid as provided in Code Section47-3-4l.l; (2) Notwithstanding any other provisions of this subsection, at the close of any school, fiscal, or contract year in which a member has completed 40 or more years of creditable service, such member may elect in writing to cease making contributions to the retirement system. If such election is made, such teacher shall notify his employer and the board of trustees in such manner as the board of trustees shall prescribe. After giving the required notice, the emp Ioyer shall not thereafter deduct, and the employee shall not thereafter be allowed to make, contributions to the retirement system from the salary or compensation of such member;

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(3) Any other provision of this or any other law to the contrary notwithstanding, a member who has attained age 65 and who has completed 40 or more years of creditable service may elect to continue to make contributions to the retirement system during such continuous period of time as the member continues in service. He shall notify his employer and the board of trustees of such election in such manner as the board of trustees shall provide. Any member who has discontinued making contributions to the retirement system because he has attained age 65 and has 40 years of creditable service and who has continued in service may remit contributions to the board of trustees at the rate required by law and under terms and regulations prescribed by the board of trustees on all earnable compensation received by the member since deductions were discontinued. Contributions made under this paragraph shall entitle the member to creditable service for such period, but only for the purpose of determining average compensation over the highest consecutive years, used in the calculations of the retirement benefits of such member; and (4) Employer deductions shall be made, notwithstanding that the minimum compensation provided for by law for any member shall be reduced thereby. Every member shall be deemed to consent and agree to the deductions and payment of salary or compensation, less such deductions, shall be a full and complete discharge and acquittance of all claims and demands whatsoever for the services rendered by such person during the period covered by such payment, except as to the benefits under this chapter:

SECTION 13. Said title is further amended by striking in its entirety Code Section 47-3-43, relating to the pension accumulation fund generally, and inserting in lieu thereof the following:
'47-3-43. The pension accumulation fund shall be the fund in which shall be held the reserves on all annuities in force and from which shall be paid all annuities and all benefits in lieu of annuities under this chapter. If a beneficiary is restored to membership, his annuity reserve shall be transferred from the pension accumulation fund to the annuity savings fund and credited to his individual account therein. The pension accumulation fund shall also be the fund in which shall be accumulated all reserves for the payment of all pensions and other benefits payable from contributions made by employers and from which shall be paid all such pensions and other benefits, as follows:
(1) The contribution of employers of members shall consist ofa percentage of the earnable compensation of members to be known as the normal cost contribution and an additional percentage of such earnable compensation to be known as the unfunded accrued liability contribution. The rate of such contribution shall be fixed on the basis of the liabilities of the retirement system as shown by actuarial valuation, as provided for in Code Section 47-3-23, subject to the provisions of Code Section 47-20-1 0;

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(2) The state's share of employer contributions, which is to be borne b~ appropriation from the state, payable to the board of trustees, shall consist o the normal cost and unfunded accrued liability contributions based on the part of the earnable compensation ofmembers payable from funds ofthe Board of Regents of the University System of Georgia or other funds of the state, but excluding any appropriations made to the State Board of Education, at the rates determined under this Code section. The balance of the cost for pensions, consisting of the normal cost and unfunded accrued liability contributions at the rates determined under this Code section, shall be borne by the employers having contributing members in their employ, including local units of administration for all members in their employ; and each such employer shall pay, from any funds available to such employer expressly including funds derived from the state under Article 6 of Chapter 2 of Title 20, the 'Quality Basic Education Act,' such contributions to the board of trustees, immediately upon coming due, which contributions shall be credited to the pension accumulation fund; and (3) The compensation of a member referred to in this Code section shall include any compensation derived from grants and contracts made by outside agencies with an employer. Such compensation is subject to the employer contribution rate. The outside agencies supplying the grants or entering into the contracts shall pay the applicable employer contributions rate to the employer, who shall pay such contribution to the board oftrustees:

SECTION 14. Said title is further amended by striking in its entirety Code Section 47-3-45, relating to obligations of the pension accumulation fund and permissible uses of the assets of the pension accumulation fund and of income, interest, and dividends, and inserting in lieu thereof the following:
'47-3-45. The maintenance of annuity reserves and pension reserves of the retirement system, the crediting of regular interest to the annuity savings fund, and the payment of all pensions, annuities, retirement allowances, refunds, and other benefits granted under this chapter shall be obligations of the pension accumulation fund, provided the payments of such other benefit do not adversely affect the qualified status of the retirement system under Section 40l(a) of the federal Internal Revenue Code. All assets of the pension accumulation fund and all income, interest, and dividends derived from deposits and investments shall be used for the payment of such obligations and for no other purpose:

SECTION 15. Said title is further amended by striking in its entirety Code Section 47-3-128, relating to payment of accumulated contributions upon request after termination of membership and payment of taxable portion to eligible retirement plan, and inserting in lieu thereof the following:

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'47-3-128. If a person's membership ceases other than by death or retirement from this retirement system, the amount of his or her accumulated contributions to this retirement system shall be payable to the member upon such person's request after the date the person has terminated employment with a school system, institution of higher learning, or agency covered by this retirement system. The board of trustees shall allow a person requesting such payment of accumulated contributions to elect to have the taxable portion of such payment made directly to an eligible retirement plan as defined in the federal Internal Revenue Code.'

SECTION 16. Said title is further amended by striking in its entirety paragraph (20) of Code Section 47-4-1, relating to definitions relative to the Public School Employees Retirement System, and inserting in lieu thereofthe following:
'(20) 'Public school employee' or 'employee' means all those employees of public schools including postsecondary vocational-technical schools governed by the Department of Technical and Adult Education who are not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia. The term specifically includes, but is not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel, and school custodial personnel. The term does not include teachers or any school personnel who are now, or may hereafter become, covered by the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia, any person on the payroll of a third party with whom an employer has contracted for the provision of such person's services, or any person classified by an employer as other than a common law employee for federal tax purposes, even if a court or administrative agency determines that such person is a common law employee and not an independent contractor for federal tax purposes. Certain public school employees, as defined in this paragraph, shall have the option to become members of the Teachers Retirement System of Georgia in accordance with subsection (d) of Code Section 47-4-40 or to become members of the Employees' Retirement System of Georgia in accordance with subsection-(e) of Code Section 47-4-40, and except as provided by such subsections, any public school employee becoming a member of the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia shall cease to be a member of the retirement system created by this chapter:

SECTION 17. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-4-26, relating to the power of the board of trustees ofthe Public School Employees Retirement System over funds, special account for deposit of funds and payment ofbenefits and expenses, investment powers, and power to employ agents, and inserting in lieu thereof the following:

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'(a) The board shall be the trustees of the funds and shall have control of the funds provided for in this chapter and all funds received by the board shall be deposited in a special account to the credit of the Public School Employees Retirement Fund. The benefits under this chapter and all administrative expenses shall be paid from this special account. The board shall have authority to expend the funds in accordance with this chapter.

SECTION 18. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-6-24, relating to members' account, accumulation account, and crediting of interest and dividends, and inserting in lieu thereof the following:
'(a) All ofthe assets of the system shall be credited, according to the purpose for which they are held, to either the members' account or the accumulation account. The benefits under this chapter and all administrative expenses shall be paid from such accounts:

SECTION 19. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-6-42, relating to election as to coverage, required coverage under the Georgia Legislative Retirement System, state contributions, and preservation of rights and privileges, and inserting in lieu thereof the following:
'(a) Any other provisions of this or any other law to the contrary notwithstanding, each member of the General Assembly serving as such on April 13, 1979, may elect to withdraw as a member of the Employees' Retirement System of Georgia and become a member of the Georgia Legislative Retirement System or may elect not to be a member of either system. Such election must be made prior to January 12, 1981, and once made shall be irrevocable as long as such person is a member of the General Assembly. The Board of Trustees of the Employees' Retirement System of Georgia is authorized to promulgate rules and regulations to carry out this Code section, including, but not limited to, providing for refunds for members who elect not to be members of either system and providing for the transferal of legislators' accounts from the Employees' Retirement System of Georgia, the transferal of service credits, and such other transferals as the Board of Trustees of the Employees' Retirement System of Georgia shall deem necessary to carry out the intention and provisions of this Code section:

SECTION 20. Said title is further amended by striking in its entirety subsection (b) of Code Section 47-6-81, relating to optional retirement allowances, and inserting in lieu thereof the following:
'(b) Any other provisions of this Code section or of this chapter to the contrary notwithstanding, the board of trustees may, by rule or regulation, require that when a member or a retired member dies and the beneficiary is a person other than the surviving spouse of the member, the benefits payable to the beneficiary

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shall be paid to the beneficiary within a definite time period immediately following the death of the member or retired member. For purposes of this Code section, the term 'equivalent actuarial value' means a benefit of equivalent value when computed upon the basis of the mortality tables and rates of interest adopted for such purpose by the board oftrustees.'

SECTION 21. Said title is further amended by striking in its entirety Code Section 47-6-82, relating to the manner in which retirement allowances are to be paid and termination ofpayments upon death, and inserting in lieu thereofthe following:
'47-6-82. All retirement allowances shall be paid in monthly installments and shall cease with the month in which the death of the beneficiary occurs, except as otherwise provided in Code Section 47-6-81:

SECTION 22. Said title is further amended by striking in its entirety paragraph (9) of Code Section 47-20-3, relating to definitions relative to public retirement systems standards, and inserting in lieu thereof the following:
'(9) 'Actuary' means an actuary who is enrolled under Subtitle C of Title III of the federal Employee Retirement Income Security Act of 1974, P.L. 93-406, or an associate ofthe Society of Actuaries.'

SECTION 23. Said title is further amended by striking in their entirety paragraphs (10) and (10.1) of said Code Section 47-20-3, and inserting in lieu thereof the following:
'(1 0) 'Annual required contribution' means the annual required contribution determined in accordance with the requirements of Governmental Accounting Standards Board Statements No. 25 and No. 27 or any subsequent applicable Governmental Accounting Standards Board statements.'

SECTION 24. Said title is further amended by striking in its entirety paragraph (19.1) of said Code Section 47-20-3 and inserting in lieu thereof the following:
'(19 .1) 'Negative unfunded actuarial accrued liability' means for any actuarial valuation the excess of actuarial value of assets over the actuarial accrued liability of a retirement system under an actuarial cost method utilized by the retirement system for funding purposes.

SECTION 25. Said title is further amended by inserting immediately following paragraph (20) of said Code Section 47-20-3 the following:
'(20 .1) 'Normal cost contribution' means the contribution for the portion ofthe actuarial present value of a retirement system's benefits and expenses which

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is allocated to a valuation year by the actuarial cost method used for the retirement system.'

SECTION 26. Said title is further amended by inserting immediately following paragraph (24) of said Code Section 47-20-3 a new paragraph to read as follows:
'(24.1) 'Unfunded accrued liability contribution' means the difference between the total employer and employee contribution and the normal cost contribution.'

SECTION 27. Said title is further amended by striking in its entirety subsection (b) of Code Section 47 -2 0-10, relating to minimum annual employer contribution, and inserting in lieu thereofthe following:
'(b) In the case of a retirement system which uses a formula related to the compensation of the members of the retirement system as a basis for the calculation of benefits under the retirement system, the amortization amounts required by subsection (a) of this Code section, except for the amount determined under paragraph (3) of subsection (a) of this Code section, may be determined as a level percentage of future compensation. If such level percentage amortization is used, the actuarial assumption for future annual payroll growth shall not exceed the actuarial assumed valuation interest rate of the retirement system less 2 Y2 percent. The minimum standards provided by subsection (a) ofthis Code section are deemed to have been met if such level percentage amortization is used and the employer contribution is equal to or greater than the annual required contribution as is determined in accordance with the provisions of Governmental Accounting Standards Board Statements No. 25 and No. 27.'

SECTION 28. Said title is further amended by striking in its entirety Code Section 47-22-4, relating to administration and operation of the plan, actuarial and other services, rate of interest, adoption of plan document, records, payment of employees and expenses, and investment, and inserting in lieu thereof the following:
'47-22-4. (a) The general administration and responsibility for the proper operation of the plan and for putting this chapter into effect are vested in the board. (b) The board shall engage such actuarial and other services as shall be required to transact the business of the plan. (c) The board shall designate an actuary who shall be the technical adviser of the board on matters regarding the operation of the plan and shall perform such other duties as are required in connection therewith. (d) Subject to the limitations ofthis chapter, the board shall, from time to time, adopt the plan document and establish rules and regulations for the administration of the plan and for the transaction ofbusiness.

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(e) The board shall keep a record of all of its proceedings under this chapter, which record shall be open to the public. (f) All persons employed by the board and the expenses of the board in furtherance of this chapter shall be paid from funds appropriated to the plan until such time as the board determines that the return on investments is sufficient to cover such costs. (g) The board may combine the moneys subject to this chapter with other moneys under the control of the board for purposes of investment, provided that a separate accounting is maintained for all moneys subject to this chapter."

SECTION 29. Said title is further amended by striking in its entirety Code Section 47-22-11, relating to retirement and option to receive a periodic payment, and inserting in lieu thereof the following:
'47-22-11. Any member shall be entitled to retire upon attaining the age of 65. Such member shall have the option to receive a periodic payment as permitted by the board:

SECTION 30. Said title is further amended by striking in its entirety Code Section 47-23-1, relating to definitions relative to the Georgia Judicial Retirement System, and inserting in lieu thereof the following:
'4 7-23-1. As used in this chapter, the term:
(1) 'Average earnable monthly compensation' means the average earnable monthly compensation of a member during the 24 consecutive months of creditable service producing the highest such average. (2) 'Beneficiary' means any person other than a retired member of a retirement system who is receiving a benefit from that retirement system. (3) 'Board' means the Board of Trustees of the Georgia Judicial Retirement System. (4) 'County pension or retirement fund' means only those certain pension and retirement funds provided for by local Acts applicable to certain named counties. (5) 'Covered position' means an employment position eligible for membership under this chapter. (6) 'Creditable service' means prior service and membership service for which credit is allowable under this chapter, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall it include any service which has been or may be credited to a member by any other public retirement system ofthis state. (7) 'District attorney' means any district attorney holding office on July 1, 1998, and any district attorney taking office on or after July 1, 1998, except that the term district attorney shall not include any district attorney:

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(A) Who was serving as a district attorney on June 30, 1998, and who was not a member of the District Attorneys' Retirement System; or (B) Who is a member of any other publicly supported retirement or pension system or fund created by any law of this state, if the retirement or pension benefits under such other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the district attorney from state funds. (8) 'District Attorneys' Retirement System' means that retirement system created by Chapter 13 ofthis title as such chapter existed prior to July 1, 1998. (9) 'Earnable monthly compensation' means the full rate of regular monthly compensation payable to a member employee for his or her full working time, excluding any local supplements. (10) 'Fund' means the Georgia Judicial Retirement System Fund provided for by Code Section 47-23-22. The fund shall include, but is not limited to, a pension accumulation fund in which the benefits described in Article 6 of this chapter will be held and an employee contribution accumulation fund in which the contributions described in Article 5 of this chapter will be held. (11) 'Judge, solicitor, or solicitor-general of a state court' means a person elected or appointed to such office for a specific term. Such term shall not include any person acting as a judge or solicitor of a state court on a temporary basis or serving as judge or solicitor-general pro tempore of a state court. (12) 'Juvenile court judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Section 15-11-18 relative to the creation of juvenile courts, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement or pension systems created by local law. (13) 'Predecessor retirement system' means the District Attorneys' Retirement System, the Superior Court Judges Retirement System, and the Trial Judges and Solicitors Retirement Fund, collectively or individually. (14) 'Regular interest' means interest at such rate as shall be determined by the board of trustees, which interest shall be compounded annually. (15) 'Retirement system' means the Georgia Judicial Retirement System. (16) 'State court' means any court created pursuant to the provisions of Chapter 7 of Title 15 or any court continued as a state court by Article VI, Section X of the Constitution ofthe State of Georgia; provided, however, that such term shall include the State Court of Fulton County subject to the provisions of Code Section 47-23-50. (17) 'Superior Court Judges Retirement System' means that retirement system created by Chapter 9 of this title as such chapter existed prior to July 1, 1998. ( 18) 'Trial Judges and Solicitors Retirement Fund' means that retirement fund created by Chapter 10 of this title as such chapter existed prior to July 1, 1998.'

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SECTION 31. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-23-22, relating to control of funds and investment, and inserting in lieu thereof the following:
n(a) The board shall be the trustees of the funds and shall have control of the funds provided fur in this chapter and all funds received by the board shall be deposited into the Georgia Judicial Retirement System Fund. The benefits provided for in this chapter and all administrative expenses shall be paid from such fund. The board shall have authority to expend the funds in accordance with this chapter.n

SECTION 32. Said title is further amended by striking in its entirety subsection (d) of Code Section 47-23-29, relating to survivors benefits and group term life insurance, and inserting in lieu thereof the following:
n(d) Contributions for survivors benefits shall be provided for and administered in the following manner:
(1) After notice from the board of trustees, each employer shall cause to be deducted from the earnable monthly compensation of each member the additional amount established by the board of trustees, but such amount shall not exceed one-half of 1 percent of the member's earnable monthly compensation. Such deductions shall be made under the same conditions as set forth in paragraph (2) of subsection (a) of Code Section 47-3-41; and (2) There is authorized an employer payment to the fund which shall be a percentage of the earnable monthly compensation of the members of the retirement system. The board of trustees shall establish the rate of such payment, but in no case shall such rate, when added to the members' contributions, exceed 1 percent. Funds for employer payment shall be requested in the same manner as provided in Article 5 of this chapter.'

SECTION 33. Said title is further amended by striking in its entirety Code Section 47-23-80, relating to contributions by superior court judges and district attorneys and employer contributions, and inserting in lieu thereof the following:
047-23-80. (a) The provisions of this Code section shall be applicable to judges of the superior courts and district attorneys. The amount of employee contributions to the fund by superior court judges shall be 7 'h percent of the earnable monthly compensation from state funds provided by law for judges of the superior courts. The amount of employee contributions to the fund by district attorneys shall be 7 Yz percent of the earnable monthly compensation from state funds provided by law for district attorneys. The Department of Administrative Services is authorized to deduct 7 Yz percent monthly from the earnable monthly compensation of each judge of the superior courts and each district attorney who is a member of the retirement system to cover the employee contributions to the

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fund. The Department of Administrative Services is also authorized to make an additional deduction from such earnable monthly compensation to cover any required employee tax for social security coverage. The Department of Administrative Services is authorized and directed to pay, from the funds appropriated or otherwise available for the operation of the superior courts of the state, any required employer contribution for social security coverage on such judges and district attorneys. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund the employer contributions, including contributions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses' benefits under this chapter. (b) The deductions from state earnable monthly compensation and allowances payable to judges of the superior courts and district attorneys shall be made, notwithstanding that the compensation and allowances fixed by law for such judges and district attorneys shall be reduced thereby. Such judges and district attorneys shall be deemed to consent and agree to the deductions made; and payment of the earnable monthly compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and district attorneys during the period covered by such payment. (c) The employer shall pay to the retirement system on each and every payroll period employee contributions on behalf of and to the credit of each judge and district attorney in an amount equal to the amount which would be paid to the annuity savings fund pursuant to Code Section 47-2-54 if the judge or district attorney were a member of the Employees' Retirement System of Georgia. Such members shall continue to have deducted from their state earnable monthly compensation the additional amount of employee contributions required by this chapter. Such monthly contributions made by the employer on behalf of a member shall be included in the computation of the member's state earnable monthly compensation for purposes of computing retirement benefits. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) ofthis Code section."

SECTION 34. Said title is further amended by striking in its entirety Code Section 47-23-81, relating to contributions by judges and solicitors-general of the state courts, employer contributions, and required reports, and inserting in lieu thereof the following:
'47-23-81. (a) The provisions of this Code section shall be applicable to judges and solicitors-general of state courts. The basis for employer and employee

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contributions to the fund with respect to a judge or solicitor-general of a state court shall be the actual earnable monthly compensation received as such judge or solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the earnable monthly compensation from state funds provided by law for superior court judges.
(b)(1) The employee contributions with respect to judges and solicitors-general of state courts who are compensated by earnable monthly compensation paid by the employing units which pay the costs of the operation of such courts shall be 7 Y, percent of the amount of such earnable monthly compensation. A person to be designated by each such employing unit shall report the amount of such earnable monthly compensation to the board by not later than the fifteenth day of each calendar month. The employing units are authorized to pay any portion of the employee contribution and to deduct employee contributions from the earnable monthly compensation of such judges and solicitors-general and to pay the contributions into the fund. An employing unit which so elects to pay any portion of the employee contribution shall apply such provisions on behalf of all state court judges and solicitors-general employed by such employing unit now or in the future, and such provisions shall apply only to the earnable monthly compensation earned by the employing unit's state court judges and solicitors-general after the effective date of the election by such employing unit to pay such member's employee contributions. Such contributions shall be forwarded to the board at the same time the report of the earnable monthly compensation of such judges and solicitors-general is forwarded. The employing units are also authorized to make an additional deduction from such earnable monthly compensation to cover any required employee tax for social security coverage. The deduction from the earnable monthly compensation payable to such judges and solicitors-general of state courts shall be made, notwithstanding that such earnable monthly compensation fixed by law for such judges and solicitors-general is reduced thereby. Such judges and solicitors-general shall be deemed to consent and agree to the deductions made; and payment of such earnable monthly compensation, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and solicitors-general during the period covered by such payment. (2) From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter. The Department of Administrative Services is authorized and directed to pay from the funds appropriated or otherwise available for the operation of

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the superior courts of the state any required employer contribution for social security coverage on such members. (c) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply with this Code section. If the required reports and employee contributions are not forwarded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contributions until such time as such reports and contributions have been received. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) ofthis Code section:

SECTION 35. Said title is further amended by striking in its entirety Code Section 47-23-82, relating to contributions by juvenile court judges, employer contributions, and required reports, and inserting in lieu thereof the following:
'47-23-82. (a) The provisions of this Code section shall be applicable to juvenile court judges. The basis for employer and employee contributions to the fund with respect to juvenile court judges shall be the earnable monthly compensation paid to such judges by the employing units paying the cost of the operation of the juvenile courts, unless such earnable monthly compensation exceeds the state earnable monthly compensation paid to superior court judges, as now or hereafter fiXed by law, in which event the basis for such employer and employee contributions shall be the same as the state earnable monthly compensation paid to judges ofthe superior courts.
(b) ( 1) The employee contributions with respect to juvenile court judges who are compensated by earnable monthly compensation paid by the employing units which pay the costs of the operation of such courts shall be 7 l/2 percent of the amount of such earnable monthly compensation. A person to be designated by each such employing unit shall report the amount of such earnable monthly compensation to the board by not later than the fifteenth day of each calendar month. The employing units are authorized, but not required, to pay any portion of the employee contribution on behalf of the member and to deduct such employee contributions from the earnable monthly compensation of such juvenile court judges and to pay the contributions into the fund. An employing unit which so elects to pay any portion of the employee contribution shall apply such provisions on behalf of all juvenile court judges employed by such employing unit now or in the future, and such provisions shall apply only to the earnable monthly compensation earned by

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the emp Joying unit's juvenile court judges after the effective date of the election by such employing unit to pay such member's employee contributions. Such contributions shall be forwarded to the board at the same time the report of the earnable monthly compensation of such juvenile court judges is forwarded. The employing unit is also authorized to make an additional deduction from such earnable monthly compensation to cover any required employee tax for social security coverage. The deduction from the earnable monthly compensation payable to such juvenile court judges shall be made, notwithstanding that such earnable monthly compensation fixed by law for such juvenile court judges is reduced thereby. Such juvenile court judges shall be deemed to consent and agree to the deductions made; and payment of such earnable monthly compensation, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such juvenile court judges during the period covered by such payment. (2) From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter. (c) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply with this Code section. Ifthe required reports and employee contributions are not forwarded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contributions until such time as such reports and contributions have been received. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) ofthis Code section.'

SECTION 36. Said title is further amended by striking in its entirety Code Section 47-23-100, relating to a definition of salary, and inserting in lieu thereof the following:

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'47-23-100. (a) As used in this article, the term 'salary' means:
(I) For superior court judges, the earnable monthly compensation from state funds provided by law for judges of the superior courts on the date the member begins receiving a retirement benefit; (2) For district attorneys, the earnable monthly compensation from state funds provided by law for district attorneys on the date the member begins receiving a retirement benefit; (3) For judges and solicitors-general of state courts, the average earnable monthly compensation received as such judge or solicitor-general; provided, however, that for members who become members after July I, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges; and (4) For juvenile court judges, the average earnable monthly compensation received as such juvenile judge; provided, however, that for members who become members after July I, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges. (b) The monthly employee contributions made by the employer on behalf of the member under Code Sections 47-23-80, 47-23-81, and 47-23-82 shall be used in the computation of the member's salary for the computation of the member's retirement benefits. (c) Notwithstanding any provision of this chapter to the contrary, a member's salary shall be subject to limitations set forth in Code Section 47-1-13:

SECTION 37. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-23-103, relating to retirement based on age and application to retire, and inserting in lieu thereof the following:
'(a) In lieu of retirement at the benefit level provided by Code Section 47-23-102, a member may retire at any time after attaining the age of60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the benefit under Code Section 47-23-102, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16.'

SECTION 38. Said title is further amended by striking in its entirety subsection (f) of Code Section 47-23-105, relating to spouses' benefits, ceasing spouses' benefits, vesting, and designation of survivors benefits, and inserting in lieu thereof the following:
'(f) Any member at the time of retirement who has met the conditions of subsection (e) of this Code section may designate a natural person other than his or her spouse to receive a survivors benefit in the same manner and under the same conditions as provided for spouses' benefits; provided, however, that any person so designated shall receive a benefit equal to the normal spouse's benefit

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actuarially reduced in accordance to such person's and the member's projected life spans. Such actuarial adjustment shall be computed at regular interest upon the basis of the mortality tables and rates of interest last adopted by the board of trustees. Such benefit shall not exceed 50 percent of the member's monthly retirement benefit."

SECTION 39. Said title is further amended by striking in its entirety Code Section 47-23-108, relating to withdrawal of funds, and inserting in lieu thereof the following:
"47-23-108. Except as otherwise expressly provided in this chapter, if a member ceases to be employed in a covered position, he or she may withdraw the total sum, with 6 percent interest, which he or she has paid into the fund. The member shall not be eligible at any time after such withdrawal to become a member of the fund, unless at a later date he or she becomes employed in a covered position, in which event he or she shall be reinstated into the fund as if he or she had never before been a member. Any such reinstated member shall have the privilege of reestablishing any prior creditable service, provided that the member repays into the retirement system an amount equal to the amount withdrawn, which shall be placed in the employee contribution accumulation fund, together with 6 percent interest from the date of withdrawal to the date of repayment, which interest shall be placed in the pension accumulation fund. The employee contributions paid by the employer as provided in subsection (c) of Code Section 47-23-80 shall be considered to be payments made by the member:

SECTION 40. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

RETIREMENT- DISABILITY RETIREMENT; REQUIREMENTS.
No. 104 (House Bill No. 459).
AN ACT
To amend Chapter 2 of Title 47 ofthe Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that a member of such retirement system seeking a disability retirement shall make written application to the board of trustees; to provide that the board of trustees may request relevant information from a disability beneficiary; to provide a penalty for failure to provide such information; to provide for a reduction in disability allowance if the

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disability beneficiary is found to be earning more than the difference between the disability allowance and the earnable compensation used to calculate such allowance; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 2 of Title 4 7 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-125, relating to reexamination of persons receiving disability benefits, effect of refusal to undergo examination, and effect of ability to engage in gainful employment, and inserting in lieu thereof the following:
'47-2-125. (a) Once each year during the first five years following the retirement of a member on a disability retirement allowance and once in every three-year period thereafter, the board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to undergo a medical examination, such examination to be made at the disability beneficiary's place of residence or other place mutually agreed upon, by physicians designated by the medical board. The disability beneficiary may request such an examination. Should any disability beneficiary who has not yet attained retirement age refuse to submit to such medical examination, the pension of such disability beneficiary may be discontinued by the board of trustees until the withdrawal of such refusal; and should the refusal continue for one year, all rights of the disability beneficiary in and to a pension may be revoked by the board of trustees. Should the medical board report and certifY to the board of trustees that a disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between the disability beneficiary's retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiary's pension to an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiary's earning capacity be later changed, the amount of the pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. (b) The board of trustees may require a disability beneficiary who has not yet attained retirement age as specified in subsection (a) of Code Section 47-2-110 to provide information relevant to any provision of this chapter relating to his or her entitlement to receive a disability retirement. Should any disability beneficiary who has not yet attained retirement age refuse to submit any such information so requested, the board of trustees may suspend the retirement

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allowance of such disability beneficiary until such information is provided. Should the board oftrustees receive information from any source that a disability beneficiary is engaged in an occupation paying more than the difference between the disability beneficiarys retirement allowance and the earnable compensation used to calculate the disability retirement allowance at the time of retirement, the board of trustees may reduce the disability beneficiary's pension to an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement. Should the disability beneficiary's earnings later be changed, the amount ofthe pension may be further modified, provided that the modified pension shall not exceed an amount which, together with the disability beneficiary's annuity and the amount earnable by the disability beneficiary, equals the earnable compensation used to calculate the disability retirement allowance at the time of retirement:

SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-2-221, relating to disability allowances payable to personnel for certain disabilities arising in the line of duty, and inserting in lieu thereof the following:
'(a)(l) Notwithstanding the disability allowance provided for in Code Section 47-2-123, any member in service of the Uniform Division ofthe Department of Public Safety, any conservation ranger of the Department of Natural Resources, any officer or agent of the Georgia Bureau of Investigation, and any alcohol and tobacco officer or agent of the Department of Revenue who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in line of duty, becomes eligible for disability retirement allowances shall, upon making written application to the board of trustees either personally or through his or her employer and after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option. Such monthly allowance as shall be payable to the member only, during his or her life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his or her permanent disability occurred. Such permanent disability retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as a member ofthe Uniform Division ofthe Department ofPublic Safety, conservation ranger ofthe Department ofNatural Resources, alcohol and tobacco officer or agent of the Department ofRevenue,

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or as an officer or agent of the Georgia Bureau of Investigation. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. Any other provision of law to the contrary notwithstanding, any member of the Uniform Division of the Department of Public Safety who retired prior to July 1, 1970, as a result of becoming permanently disabled due to an act of external violence or injury incurred in the line of duty and who was a member of the retirement system on the date of the injury or act of violence shall be entitled to and shall receive the monthly supplemental benefit provided for in this subsection. (2) In lieu of the foregoing, any member so disabled in the line of duty shall be entitled to receive a minimum monthly disability retirement benefit equal to 2 percent of his or her monthly earnable compensation for the month in which his or her permanent disability occurred for each year of creditable service determined as though he or she had continued in service in the Uniform Division of the Department of Public Safety, as a conservation ranger of the Department of Natural Resources, as an alcohol and tobacco officer or agent of the Department of Revenue, or as an officer or agent of the Georgia Bureau oflnvestigation until his or her mandatory retirement age.'

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

Approved May 2, 2005.

STATE GOVERNMENT- NONDISCLOSURE; PERSONAL INFORMATION; PUBLIC EMPLOYEES.
No. 105 (House Bill No. 437).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements ofpublic disclosure, so as to exempt disclosure of certain personal information; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions from the requirements of public disclosure, is amended by striking

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paragraph (13.1) of subsection (a) and inserting in its place a new paragraph (13.1) to read as follows:
"(13.1) Records that reveal the home address, the home telephone number, or the social security number of or insurance or medical information about public employees or teachers and employees of a public school. For the purposes of this paragraph, the term 'public school' means any school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education;"

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 2, 2005.

STATE GOVERNMENT- NATIONAL INFANTRY MUSEUM.
No. 106 (House Bill No. 420).
AN ACT
To amend Article 2 of Chapter 2 of Title 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the State of Georgia, so as to provide for the cession of concurrent jurisdiction to the United States over certain lands within the state used for the National Infantry Museum; to provide for terms and conditions; 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 50 of the Official Code of Georgia Annotated, relating to the jurisdiction of the State of Georgia, is amended by adding a new Code Section 50-2-23.2 to read as follows:
"50-2-23.2. (a) The consent of the State of Georgia is given to the cession of concurrent jurisdiction to the United States of America over lands within the boundaries of the State of Georgia which are owned by the National Infantry Foundation and which are incorporated into and used for the operation of the National Infuntry Museum in Columbus, Georgia, or over which such jurisdiction is necessary for

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the effective administration and management of such museum, specifically including the following described territory:

All that certain tract of!and containing 90.63 acres located in Land Lots 37, 54, 55, 59 and 60 of the 7th Land District, Columbus, Muscogee County, Georgia, and being more particularly described as follows according to the survey by Barrett & McPherson, Inc., Engineers & Land Surveyors ofEufaula, Alabama:

Starting at an iron pin at the intersection of the West right of way of Fort Benning Boulevard and the North line of Land Lot 37 of the 7th Land District of Muscogee County, Georgia, being a point on the boundary of the Fort Benning Military Reservation, go along the North line of said Land Lot 37 and the boundary of the Fort Benning Military Reservation North 88 degrees 47 minutes 39 seconds West 12.45 feet to a concrete monument which lies 50 feet West of the centerline of the Southbound lane ofFort Benning Boulevard, as measured at right angles thereto, thence continue along the North line of Land Lot 37 and the boundary of the Fort Benning Military Reservation North 88 degrees 47 minutes 39 seconds West 401 .06 feet to a railroad rail iron stake at the Northeast corner of that certain tract ofland conveyed by the United States of America to the City of Columbus, Georgia by Quit Claim Deed dated 25 August, 1975 and recorded in Deed Book 1563 at pages 373, et seq., in the Office of the Clerk of Superior Court ofMuscogee County, Georgia, also being the POINT of BEGINNING; thence along the East and South lines of said tract ofland Quit Claimed to the City of Columbus, Georgia the following courses: South 20 degrees 37 minutes 05 seconds West 936.78 feet to an iron pin; South 20 degrees 36 minutes 04 seconds West 2493.94 feet to an iron pin; South 20 degrees 35 minutes 16 seconds West 770.61 feet; a curve, concave Easterly, having a radius of 5786.81 feet, an arc length of 2568.74 feet, and a chord of South 07 degrees 52 minutes 16 seconds West 254 7. 70 feet to an iron pin; South 04 degrees 49 minutes II seconds East 207.24 fuet to an iron pin; a curve, concave Westerly, having a radius of 3611.86 feet, an arc length of 17.47 feet, and a chord of South 04 degrees 40 minutes 52 seconds East 17.47 feet to an iron pin; a curve, concave Northwesterly, having a radius of 596.89 feet, an arc length of696.09 feet, and a chord of South 58 degrees 38 minutes 25 seconds West 657.31 feet to an iron pin; thence North 87 degrees 57 minutes 02 seconds West 156.25 feet to an iron pin 50 feet East of the centerline of South Lumpkin Road, as measured at right angle thereto; thence along a line 50 feet East of the centerline of South Lumpkin Road, as measured at right angles thereto, the following courses: a curve, concave Southeasterly, having a radius of 3798.62 feet, an arc length of 329.36 feet. and a chord of North 07 degrees 58 minutes 57 seconds East 329.25 feet to an iron pin; North 10 degrees 3 1 minutes 2 9 seconds East 1115.76 feet to an iron pin; a curve, concave Westerly, having a radius of 5791.07 feet, an arc length of 625.22 feet, and a chord ofNorth 07 degrees 25 minutes 55 seconds East 624.91 feet to an iron pin; North 04 degrees 20 minutes 20 seconds East 2587.34 feet to an iron

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pin; a curve, concave Westerly, having a radius of 11178.19 feet, an arc length of613.36 feet, and a chord ofNorth 02 degrees 46 minutes 01 seconds East 613.29 feet to an iron pin; North 01 degree 14 minutes 08 seconds East26.19 feet to an iron pin at the Southwest corner of that certain 60.05 acre tract of land conveyed by the United States of America to Bickerstaff Clay Products Company, Inc. by Exchange Deed recorded in Deed Book 4159 at pages 213, et seq., in the Office of the Clerk of Superior Court of Muscogee County, Georgia; thence along the South and East lines of said tract of land conveyed to Bickerstaff Clay Products Company, Inc. the following courses: South 88 degrees 46 minutes 21 seconds East 1140.02 feet to an iron pin; North 20 degrees 37 minutes 20 seconds East 1021.08 feet to an iron pin; North 20 degrees 36 minutes 33 seconds East 884.18 feet to an iron pipe on the aforementioned North line of Land Lot 37; thence along the North line of Land Lot 37 South 88 degrees 44 minutes 49 seconds East 158.99 feet to the POINT ofBEGINNING.

(b) Such concurrent jurisdiction granted to the United States of America by this Code section shall be limited to the provision of law enforcement services, security, and fire protection; the enforcement of applicable laws, rules, regulations, and ordinances of the state, the United States, and Columbus, Georgia; the trial of offenses and ordinance violations in the courts the United States, the State of Georgia, and Columbus, Georgia; and to such additional matters as may be the subject of the written agreement provided for in subsection (c) of this Code section. (c) Cession of concurrent jurisdiction shall be effected by means of negotiation and execution of an agreement between the Governor on behalf of the state, the commanding general of the United States Army Infantry Center at Fort Benning, the governing authority of Columbus, Georgia, and the governing board of the National Infantry Foundation or any successor owner or operator of the National Infantry Museum and the property on which it is located. Any jurisdiction not specifically ceded in any such agreement is reserved to the state. Cession of such concurrent jurisdiction as is ceded by the state in any such agreement shall become effective upon the acceptance by the United States indicated in writing upon the instrument of cession by the authorized official or officials of the United States. (d) Nothing contained in this Code section or in any instrument executed pursuant to it shall be construed as consent either to the preemption of any of the laws and regulations ofthis state or to the exemption of any lands from regulation pursuant to the laws and regulations of this state to the extent such lands are subject thereto. No provision of this Code section or any instrument executed pursuant to this Code section shall be construed as a limitation or restriction upon the power, right, and authority of the General Assembly to enact laws and authorize the promulgation of regulations.'

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

INSURANCE- ELECTRONIC NOTICE OF CANCELLATION.
No. 107 (House Bill No. 418).
AN ACT
To amend Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, so as to provide for electronic notice of cancellation of policies to lienholders; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 33-24-44 of the Official Code of Georgia Annotated, relating to cancellation of policies generally, is amended by striking paragraphs (b) and (d) and inserting in lieu thereof new paragraphs (b) and (d) to read as follows:
'(b) Written notice stating the time when the cancellation will be effective, which shall not be less than 30 days from the date of mailing or delivery in person of such notice of cancellation or such other specific longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least ftrst-class mail to the last address of record of the insured and of any lienholder, where applicable, and receiving the receipt provided by the United States Postal Service or such other evidence ofmailing as prescribed or accepted by the United States Postal Service. For the purposes of this subsection, notice to the lienholder shall be considered delivered or mailed if, with the lienholder's consent, it is delivered by electronic transmittal or facsimile. Any irregularity in the notice to the lienholder shall not invalidate an otherwise valid cancellation as to the insured." '(d) When a policy is canceled for fuilure of the named insured to discharge when due any of his obligations in connection with the payment of premiums for a policy or any installment of premiums due, whether payable directly to the insurer or indirectly to the agent, or when a policy that has been in effect for less than 60 days is canceled for any reason, the notice requirements of this Code section may be satisfied by delivering or mailing written notice to the named insured and any lienholder, where applicable, at least ten days prior to the

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effective date of cancellation in lieu of the number of days' notice otherwise required by this Code section. For the purposes of this subsection, notice to the lienholder shall be considered delivered or mailed it; with the lienholder's consent, it is delivered by electronic transmittal or facsimile. Any irregularity in the notice to the lienholder shall not invalidate an otherwise valid cancellation as to the insured:

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

INSURANCE-ADMINISTRATORS; FOOD OR REFRESHMENT DURING SALES PRESENTATION OR SEMINAR; NONRESIDENT REPRESENTATIVES;
COUNSELORS; INSURERS INSOLVENCY POOL AND BOARD.
No. 108 (House Bill No. 407).
AN ACT
To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to authorize the Commissioner to place administrators on probation and to provide penalties against administrators for certain violations; to permit insurers to provide food or refreshments under certain circumstances to current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars; to provide for certain additional regulations ofnonresident representatives who represent life insurers in certain military installations; to provide certain definitions; to provide for certain disclosures by counselors; to provide for certain exceptions; to provide for certain licensing for third party administrators; to provide certain procedures and standards for approval or rejection of such licenses; to provide for probationary licenses; to provide for certain bonds and insurance for administrators; to require administrators to be subject to certain examinations; to revise the provisions of law concerning the Georgia Insurers Insolvency Pool; to provide for certain definitions; to provide for the selection of members of the Insurers Solvency Board; to revise the provisions of law regarding meetings, reports, and recommendations of the board; to authorize the pool to intervene in certain legal actions; to provide for the adoption of a plan for ensuring that all insurers are pool members; to provide for the contents of such plan; to provide for certain causes of action by the pool; to provide for venue; to remove assessments as a rate factor; to provide for recoupment of assessments; to provide for disposition

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of surplus funds; to provide for certain powers of the pool in the case of liquidations; to provide for certain presumptions when insureds do not provide certain information; to provide for the handling of covered claims; to provide for certain rights of recovery by the pool; to make certain reports and recommendations to aid in the detection and prevention of insolvencies; to provide for certain immunity; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking subsection (g) of Code Section 33-2-24, relating to enforcement of title and rules, regulations, and orders, and inserting in lieu thereof a new subsection (g) to read as follows:
'(g) In addition to all other penalties provided for under this title, the Commissioner shall have the authority to place any insurer, agent, broker, counselor, solicitor, administrator, or adjuster on probation for a period of time not to exceed one year for each and every act in violation of this title or of the rules and regulations or orders of the Commissioner and may subject such insurer, agent, broker, counselor, solicitor, administrator, or adjuster to a monetary penalty of up to $1 ,000.00 for each and every act in violation of this title or ofthe rules, regulations, or orders of the Commissioner, unless the insurer, agent, broker, counselor, solicitor, administrator, or adjuster knew or reasonably should have known he was in violation of this title or of the rules and regulations or orders of the Commissioner, in which case the monetary penalty provided for in this subsection may be increased to an amount up to $5,000.00 for each and every act in violation.'

SECTION 2. Said title is further amended by striking subparagraph (b)(8)(C) of Code Section 33-6-4, relating to unfair methods of competition and unfair or deceptive acts or practices, and inserting in lieu thereof a new subparagraph (b)(8)(C) to read as follows:
'(C) Nothing in subparagraphs (A) and (B) of this paragraph shall be construed as including within the definition of discrimination or rebates any ofthe fullowing practices:
(i) In the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interest of the company and its policyholders; (ii) In the case of life or accident and sickness insurance policies issued on the industrial debit or weekly premium plan, making allowance in an

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amount which fairly represents the saving in collection expense to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer; (iii) Making a readjustment of the rate of premium for a policy based on the loss or expense experienced at the end of the first or any subsequent policy year of insurance thereunder, which adjustment may be made retroactive only for the policy year; (iv) Issuing life or accident and sickness insurance policies covering bona fide employees of the insurer at a rate less than the rate charged other persons in the same class; (v) Issuing life or accident and sickness policies on a salary-saving, payroll deduction, preauthorized, postdated, automatic check, or draft plan at a reduced rate commensurate with the savings made by the use of such plan; (vi) Paying commissions or other compensation to duly licensed agents or brokers or allowing or returning dividends, savings, or unabsorbed premium deposits to participating policyholders, members, or subscribers; (vii) Paying by an insurance agent of part or all of the commissions on public insurance to a nonprofit association of insurance agents which is affiliated with a recognized state or national insurance agents' association, which commissions are to be used in whole or in part for one or more civic enterprises; or (viii) Paying for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars;'.

SECTION 3. Said title is further amended by adding a new subsection (e) to Code Section 33-9-36, relating to unauthorized premiums and unauthorized inducements, to read as follows:
'(e) Nothing in this Code section shall be construed as prohibiting the payment for food or refreshments by an insurer or an agent, broker, or employee of an insurer for current or prospective clients during sales presentations and seminars provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars.'

SECTION 4. Said title is further amended by striking Code Section 33-23-17, relating to registration of nonresident representatives to represent life insurers in military installations in foreign countries, and inserting in lieu thereof a new Code Section 33-23-17 to read as follows:

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'33-23-17. An individual who is not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such individual only represents the insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of the insurer on application forms prescribed by the department and upon payment of an annual registration fee of$25 .00, issue a certificate of registration to the individual. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself or herself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment and that such applicant has not had his or her privileges to solicit on or enter any United States military installation revoked, suspended, or restricted in any manner. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this chapter and Chapter 2 of this title.'

SECTION 5. Said title is further amended by striking paragraphs (1), (14), (20), and (21) of Code Section 33-23-21, relating to grounds for refusal, suspension, or revocation of license, and inserting in lieu thereof new paragraphs (1), (14), (20), (21), (22), and (23) to read as follows:
'(I) Has violated any provision of this title, of any other law or regulation of this state relating to insurance, or the law or regulation of any jurisdiction, including those of a military installation, relating to the transaction of insurance;' '(14) Has failed to provide documentation or records, or refused to appear:
(A) In compliance with Code Section 33-2-12 or 33-2-13; (B) In response to a written demand by the Commissioner sent by registered or certified mail or statutory overnight delivery to the last known address of the licensee as shown in the records of the Commissioner; or (C) In support of an application for license or renewal of license upon request by the department or as otherwise required by the application or renewal;' '(20) Is not in compliance with an order for child support as defined by Code Section 19-6-28.1 or 19-11-9.3; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to such Code sections shall be the only such procedures required to suspend, deny, or revoke any license under this title; (21) Is a borrower in default who is not in satisfactory repayment status as defined by Code Section 20-3-295; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to Code Section 20-3-295 shall be the only such procedures required to suspend, deny, or revoke anY license under this title;

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(22) In relation to the licensee's ability to transact the business of insurance, has had a license, permit, authorization, registration, or privilege refused, revoked, suspended, limited, or restricted by any federal, state, county, municipality, territory, military, or other legal authority authorized to issue licenses, permits, authorizations, registrations, or privileges to conduct business within its respective jurisdiction; otherwise has failed to comply with the legal requirements related to the license, permit, authorization, registration, or privilege; or has had other disciplinary action taken against him or her by any such lawful authority; or (23) Has failed to report to the department within 60 days ofthe action taken, any refusal, revocation, suspension, limitation, or restriction of any license, permit, authorization, registration, or privilege of any lawful authority referenced in subsections (18) or (22) ofthis Code section.'

SECTION 6. Said title is further amended by adding a new Code Section 33-23-46 to read as follows:
'33-23-46. (a) For purposes ofthis Code section, the term:
(1) 'Affiliate' means a person that controls, is controlled by, or is under common control with the producer. (2) 'Compensation from an insurer or other third party' means payments, commissions, fees, awards, overrides, bonuses, contingent commissions, loans, stock options, gifts, prizes, or any other form of valuable consideration, whether or not payable pursuant to a written agreement, but shall not mean de minimis gifts ofless than $45.00 in value. (3) 'Compensation from the customer' shall not include:
(A) Any fee or similar expense provided in subparagraph (C) of paragraph (6) of Code Section 33-6-5; (B) Any amount or fee paid by or to the producer that does not exceed an amount established by the Commissioner; or (C) A premium or fee billed by the producer solely on behalf of an insurer. (4) 'Documented acknowledgment' means the customer's written consent obtained prior to the customer's initial purchase of insurance. In the case of a purchase over the telephone or by electronic means for which written consent cannot reasonably be obtained, consent documented by the producer shall be acceptable. (b)(1) Where any insurance producer licensed as counselor, as defined by this chapter, or any affiliate of such producer receives any compensation from or charges any other fee to the customer, neither that producer nor the affiliate shall accept or receive any compensation from an insurer or other third party for placement of insurance for that customer unless the producer has, prior to the customer's purchase of insurance: (A) Obtained the customer's documented acknowledgment that such compensation will be received by the producer or affiliate; and

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(B) Disclosed the amount of compensation from the insurer or other third party for that placement. If the amount of compensation is not known at the time of disclosure, the producer shall disclose in readable language the method for calculating such compensation and, if possible, a reasonable estimate of the amount. (2) Notwithstanding paragraph (1) of this subsection, an insurance producer who is not licensed as a counselor, as defined in this chapter, may not accept or receive any compensation from the customer for placement of insurance. (c) A person shall not be considered a 'customer' for purposes of this Code section ifthe person is merely: (1) A participant or beneficiary of an employee benefit plan; or (2) Covered by a group or blanket insurance policy or group annuity contract sold, solicited, or negotiated by the insurance producer or affiliate. (d) This Code section shall not apply to: ( 1) A person licensed as an insurance producer who acts only as an intermediary between an insurer and the producer, such as a managing general agent, a sales manager, or wholesale broker; (2) A reinsurance intermediary; (3) The renewal or any other continuation of the policy; or (4) A producer whose sole compensation for the placement is derived from commissions, salaries, and other remuneration from the insurer. (e) The Commissioner may promulgate rules and regulations as necessary to implement the provisions of this chapter.'

SECTION 7. Said title is further amended by striking Code Section 33-23-100, relating to defmition of administrator, and inserting in lieu thereof a new Code Section 33-23-100 to read as follows:
'33-23-1 00. (a) As used in this article, the term:
(1) 'Administrator' means any business entity that, directly or indirectly, collects charges, fees, or premiums from; adjusts or settles claims, including investigating or examining claims or receiving, disbursing, handling, or otherwise being responsible for claim funds; and provides underwriting or precertification and preauthorization of hospitalizations or medical treatments for residents of this state for or on behalf of any insurer, including business entities that act on behalf of multiple employer self-insurance health plans, and self-insured municipalities or other political subdivisions. Licensure is also required for administrators who act on behalf of self-insured plans providing workers' compensation benefits pursuant to Chapter 9 of Title 34. For purposes ofthis article, each activity undertaken by the administrator on behalf of an insurer or the client of the administrator is considered a transaction and is subject to the provisions of this title.

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(2) 'Business entity' means a corporation, association, partnership, sole proprietorship, limited liability company, limited liability partnership, or other legal entity. (b) Notwithstanding the provisions of subsection (a) of this Code section, the following are exempt from licensure as long as such entities are acting directly through their officers and employees: ( 1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations ofsuch employer; (2) A union on behalf of its members; (3) An insurance company licensed in this state or its affiliate unless the affiliate administrator is placing business with a nonaffiliate insurer not licensed in this state; (4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance; (5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance; (6) A creditor on behalfof its debtors with respect to insurance covering a debt between the creditor and its debtors; (7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder; (8) A trust exempt from taxation under Section 50l(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employees acting pursuant to a custodian account which meets the requirements of Section 401 (f) of the Internal Revenue Code; (9) A bank, credit union, or other fmancial institution which is subject to supervision or examination by federal or state banking authorities; (I 0) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims; (II) A person who adjusts or settles claims in the normal course of his or her practice or employment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities; ( 12) A business entity that acts solely as an administrator of one or more bona fide employee benefit plans established by an employer or an employee organization, or both, fur whom the insurance laws of this state are preempted pursuant to the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq.; or (13) An association that administers workers' compensation claims solely on behalf of its members. (c) A business entity claiming an exemption shall submit an exemption notice on a form provided by the Commissioner. This form must be signed by an officer of the company and submitted to the department by December 31 of the year prior to the year for which an exemption is to be claimed. Such exemption

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notice shall be updated in writing within 30 days ifthe basis for such exemption changes. (d) Obtaining a license as an administrator does not exempt the applicant from other licensing requirements under this title.'

SECTION 8. Said title is further amended by striking Code Section 33-23-101, relating to licensing of administrators, and inserting in lieu thereof a new Code Section 33-23-101 to read as follows:
'33-23-101. (a) No business entity shall act as or hold itself out to be an administrator in this state, other than an adjuster licensed in this state for the kinds of business for which it is acting as an administrator, unless such business entity holds a license as an administrator issued by the Commissioner. The license shall be renewed on an annual basis and in such manner as the Commissioner may prescribe by rule or regulation. Failure to hold such license shall subject the administrator to the fines and other appropriate penalties as provided in Chapter 2 of this title. (b) An application for an administrator's license or an application for renewal of such license shall be accompanied by a filing fee to be prescribed by rule or regulation ofthe Commissioner. (c) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if the Commissioner finds that the applicant for or holder of the license:
( 1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance; (2) Has intentionally misrepresented or concealed any material fact in the application for the license; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer or an insured or beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of insurance policies or contracts; (7) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner; (8) Is not in good faith carrying on business as an administrator; (9) Has failed to obtain for initial licensure or retain for annual renewal an adequate net worth as prescribed by order, rule, or regulation of the Commissioner; or (1 0) Has shown lack of trustworthiness or lack of competence to act as an administrator. (d) If the Commissioner moves to suspend, revoke, or nonrenew a license fur an administrator, the Commissioner shall provide notice of that action to the

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administrator and the administrator may invoke the right to an administrative hearing in accordance with Chapter 2 of this title. (e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within five years from the effective date of the revocation or, if judicial review of such revocation is sought, within five years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of its license shall not be deemed a bar to the issuance of a new license. (f) Appeal from any order or decision of the Commissioner made pursuant to this article shall be taken as provided in Chapter 2 of this title.
(g)(l) The Commissioner shall have the authority to issue a probationary license to any applicant under this chapter. (2) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (3) The Commissioner, at his or her discretion, shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any probationary period. (h) The Commissioner may impose, by rule or regulation, additional reasonable qualifications necessary to obtain a license as an administrator. (i) An administrator's license may not be sold or transferred to a nonaffiliated or otherwise unrelated party. An administrator may not contract or subcontract any of its negotiated services to any unlicensed business entity unless a special authorization is approved by the Commissioner prior to entering into a contracted or subcontracted arrangement. U) The Commissioner may, at his or her discretion, assess a penalty or a fme against any business entity acting as an administrator without a license for each transaction in violation ofthis chapter. (k) A licensed administrator is not permitted to market or administer any insurance product not approved in Georgia or that is issued by a nonadmitted insurer or unauthorized multiple employer self-insured health plan.'

SECTION 9. Said title is further amended by striking Code Section 33-23-102, relating to fidelity bond and surety of applicant, and inserting in lieu thereof a new Code Section 33-23-102 to read as follows:
'33-23-102. (a) Every applicant for an administrator's license shall ftle with the application and shall thereafter maintain in force a bond in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on the bond shall be established by the rule or regulation ofthe Commissioner.

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(b) The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner. (c) Every applicant for an administrator's license shall obtain and shall thereafter maintain in force errors and omissions coverage or other appropriate liability insurance, written by an insurer authorized to transact insurance in this state, in an amount of at least $100,000.00. (d) The coverage required in sub section (c) of this Code section shall remain in force for a term of at least one year and shall contain language that includes that the insurer may cancel the insurance upon 60 days' advance notice filed with the Commissioner. Other terms and conditions relating to the errors and omissions policy may be imposed on the applicant as the Commissioner deems appropriate by rule or regulation. (e) In the event a licensed administrator fails to renew, surrenders, or otherwise terminates its license, it must retain both the bond and the errors and omissions coverage for a period of not less than one year after the licensee has failed to renew, surrendered, or the license has been terminated:

SECTION 10. Said title is further amended by striking Code Section 33-2 3-1 03, relating to examination of administrators by Commissioner, and inserting in lieu thereof a new Code Section 33-23-103 to read as follows:
'33-23-1 03. Administrators shall be subject to market conduct and financial examinations by the Commissioner. Any cost involved with the examinations shall be borne by the administrator.

SECTION 11. Said title is further amended by striking Code Section 33-3 6-2, relating to creation of Georgia Insurers Insolvency Pool, and inserting in lieu thereof a new Code Section 33-36-2 to read as follows:
'33-36-2. There is created a Georgia Insurers Insolvency Pool which shall consist of three accounts: (1) workers' compensation account; (2) automobile account; and (3) all other covered insurance account. The pool shall be responsible for the investigation, adjustment, compromise, settlement, and payment of covered claims; for the investigation, handling, and denial of noncovered claims; and for the management and investment of funds administered by the pool. The members of the pool shall be responsible for the payment of assessments levied pursuant to subsection (b) of Code Section 33-36-7; for adherence to the rules of the plan approved pursuant to Code Section 33-36-6; and for other obligations imposed by this chapter. The pool shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state:

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SECTION 12. Said title is further amended by striking Code Section 33-36-3, relating to definitions, and inserting in lieu thereof a new Code Section 33-3 6-3 to read as follows:
'33-36-3. As used in this chapter, the term:
(1) 'Affiliate' means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person. (2) 'Affiliate of the insolvent insurer' means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with an insolvent insurer on December 3 1 of the year next proceeding the date the insurer becomes an insolvent insurer. (3) 'Control' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise unless the power is the result of an official position with or corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 10 percent or more of the voting securities of any other person. This presumption may be rebutted by a showing that control does not exist in fact and any person disputing his or her status as an affiliate of an insurer authorized to do business in Georgia or an insolvent insurer may file a disclaimer in accordance with subsection (i) of Code Section 33-13-4.
(4)(A) 'Covered claim' means an unpaid claim which: (i) Arises out of a property or casualty insurance policy issued by an insurer which becomes an insolvent insurer which was authorized to do an insurance business in this state either at the time the policy was issued or when the insured event occurred; and (ii) Is within any of the classes of claims under subparagraph (B) of this paragraph.
(B) A claim shall not be paid unless it arises out of an insurable event under a property or casualty insurance policy and it is:
(i) An unearned premium claim of a policyholder who at the time of the insolvency was a resident ofthis state; (ii) An unearned premium claim of a policyholder under a policy affording coverage for property permanently situated in this state; (iii) The claim of a policyholder or insured who at the time of the insured event was a resident of this state; (iv) The claim of a person having an insurable interest in or related to property which was permanently situated in this state; or (v) A claim under a liability or workers' compensation insurance policy when either the insured or third-party claimant was a resident of this state at the time of the insured event.

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(C) A covered claim shall not include any claim in an amount of less than $50.00; provided, however, that any claim of $50.00 or more shall be paid in full. (D) A covered claim shall not include that portion of any first-party claim which is in excess of the applicable limits provided in the policy or $300,000.00, whichever is less. (E) A covered claim shall not include that portion of any third-party claim, other than a workers' compensation claim, which is in excess of the applicable limits provided in the policy or $300,000.00, whichever is less. (F) A covered claim shall not include any obligation to insurers, reinsurers, insurance pools, underwriting associations, health maintenance organizations, hospital plan corporations, or professional health service corporations as subrogation recoveries, reinsurance recoveries, contribution, indemnification, or otherwise. No such claim for any amount due any reinsurer, insurer, insurance pool, underwriting association, health maintenance organization, hospital plan corporation, or professional health service corporation may be asserted against a person insured under a policy issued by an insolvent insurer other than to the extent such claim exceeds the pool obligation limitations set forth in this Code section. (G) A covered claim shall not include any first party claim by an insured whose net worth exceeds $10 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer; provided, however, that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and aff"tliates as calculated on a consolidated basis; or any third party claim relating to a policy of an insured whose net worth exceeds $25 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer; provided, however, that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and further provided that this exclusion shall not apply to third party claims against the insured where the insured has applied for or consented to the appointment of a receiver, trustee, or liquidator for all or a substantial part of its assets, ftled a voluntary petition in bankruptcy, filed a petition or an answer seeking a reorganization or arrangement with creditors or to take advantage of any insolvency law or, if an order, judgment, or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating the insured bankrupt or insolvent or approving a petition seeking reorganization of the insured or of all or substantial part of its assets. (H) A covered claim shall not include any first party claims by an insured which is an affiliate of the insolvent insurer. (I) A covered claim shall not include any claim or judgment for punitive damages and attorney's fees associated therewith against any insolvent insurer; its insured, or the insurers insolvency pool.

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(J) A covered claim shall not include any workers' compensation benefits payable under subsection (e) or (f) of Code Section 34-9-221 or paragraph (2), (3), or (4) of subsection (b) of Code Section 34-9-108 after the effective date of the court order of rehabilitation or liquidation. (K) A covered claim shall include a claim for unearned premium only if such claim derives from the payment of a stated premium and shall not include those which derive from an unstated premium such as calculated from audit, dividend, deposit, or retrospect plans. Further, a covered claim shall not include:
(i) That portion of a claim for unearned premium which is in excess of $20,000.00; or (ii) A claim for unearned premium resulting from a policy which was not in force on the date of the final order ofliquidation. (L) A covered claim shall not include any fee or other amount relating to goods or services sought by or on behalf of any attorney or other provider of goods or services retained by the insolvent insurer or an insured prior to the date it was determined to be insolvent. (M) A covered claim shall not include any fee or other amount sought by or on behalf of an attorney or other provider of goods or services retained by any insured or claimant in connection with the assertion or prosecution of any claim, covered or otherwise, against the pool. However, in such a case, the pool shall not offset amounts from any recovery paid to a claimant in such an action which the claimant has agreed are to be paid to the attorney in a contingency fee arrangement. (N) A covered claim shall not include any claims for interest. (5) 'Insolvent insurer' means an insurer which was licensed to issue property or casualty insurance policies in this state at any time subsequent to July 1, 1970, and against whom a fmal order of liquidation with a fmding of insolvency has been entered by a court of competent jurisdiction in the insurer's state of domicile or ofthis state and which order of liquidation has not been stayed or been the subject of a writ of supersedeas or other comparable order. (6) 'Insolvency pool' or 'pool' means the Georgia Insurers Insolvency Pool established pursuant to Code Section 33-36-2. (7) 'Insured' means any named insured, any additional insured, any vendor, lessor, or any other party identified as an insured under the policy as long as insurable interests remain relevant. (8) 'Insurer' or 'company' means any corporation or organization that has held or currently holds a license to engage in the writing of property or casualty insurance policies in this state since July 1, 1970, including the exchanging of reciprocal or interinsurance contracts among individuals, partnerships, and corporations, except farmer assessment mutual insurers, county assessment mutual insurers, and municipal assessment mutual insurers. (9) 'Net direct written premiums' means direct gross premiums written on property or casualty insurance policies, less return premiums on the policies

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and dividends paid or credited to policyholders on such direct business. Premiums written by any authorized insurer on policies issued to self-insurers, whether or not designated as reinsurance contracts, shall be deemed net direct written premiums. ( 10) 'Person' means any individual or legal entity, including governmental entities. (11) 'Property and casualty insurance policies' or 'policy' means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 3 3-7-3 and 33-7-6, except:
(A) Life insurance and annuities (being that class of insurance referred to in Code Section 33-7-4); (B) Accident, health, and disability insurance except where written as part of an automobile insurance contract (being that class of insurance referred to in Code Section 33-7-2); (C) Title insurance (being that class of insurance referred to in Code Section 33-7-8); (D) Credit life insurance (being that class of insurance referred to in paragraph (2) of Code Section 33-31-1); (E) Credit insurance, vendors' single interest insurance, or collateral protection insurance, or any similar insurance protecting the interests of a creditor arising out of a creditor-debtor transaction; (F) Mortgage guaranty, fmancial guaranty, or other forms of insurance offering protection against investment risks; (G) Fidelity or surety bonds or any other bonding obligations; (H) Insurance of warranties or service contracts including insurance that provides for the repair, replacement, or service of goods or property, or indemnification for repair, replacement, or service, for the operational or structural failure of the goods or property due to a defect in materials, workmanship, or normal wear and tear, or provides reimbursement for the liability incurred by the issuer of agreements or service contracts that provide such benefits; (I) Ocean marine insurance; (J) Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk; or (K) Any insurance provided by or guaranteed by government.'

SECTION 13. Said title is further amended by striking Code Section 33-36-4, relating to the Insurers Solvency Board, and inserting in lieu thereof a new Code Section 33-36-4 to read as follows:

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'33-36-4. (a) There shall be a board of trustees of the Georgia Insurers Insolvency Pool which shall be known as the Insurers Solvency Board and which shall consist of seven members. At all times, the board shall contain at least one member from a domestic insurer. The members of the board shall not be considered employees of the department. (b) In approving selections to the board, the Commissioner shall consider among other things whether all member insurers are fairly represented. (c) The actual expenses of the members of the board incurred in attending meetings shall be paid out of the assets of the insolvency pool, but members of the board shall not otherwise be compensated by the pool for their services. For the purpose of considering questions before it, the board shall have access to all the books, records, reports, and papers in the department, including all confidential communications; and the members of the board shall treat such communications as confidential.'

SECTION 14. Said title is further amended by striking Code Section 3 3-36-6, relating to plan to govern members, rules, assignment of claims or judgments against insolvent insurers, and claimants of assets of insolvent insurers, and inserting in lieu thereof a new Code Section 33-36-6 to read as follows:
'33-36-6. (a) The Georgia Insurers Insolvency Pool is a nonprofit legal entity with the right to bring and defend actions and such right to bring and defend actions includes the power and right to intervene as a party before any court in this state that has jurisdiction over an insolvent insurer as defined in this chapter. The pool shall adopt, and the Commissioner shall approve, a reasonable plan which is not inconsistent with this chapter and which is fair to insurers and equitable to their policyholders, pursuant to which all admitted insurers shall become members of the pool. All members of the pool shall adhere to the rules ofthe plan. The plan may be amended by an affirmative vote of a majority of the Insurers Solvency Board. (b) If, for any reason, the pool fails to adopt a suitable plan within six months following July 1, 19 70, or if at any time after July 1, 1970, the pool fails to adopt necessary amendments to the plan, the Commissioner shall adopt and promulgate, after a hearing, such reasonable rules as are necessary to effectuate this chapter. The rules shall continue in force until modified by the Commissioner or superseded by a plan of operation adopted by the pool and approved by the Commissioner. (c) The plan as provided for in subsection (a) of this Code section shall:
( l) Establish the procedures whereby all the powers and duties of the pool under this chapter will be performed; (2) Establish procedures for handling assets of the pool; (3) Mandate that procedures be established for the disposition of liquidating dividends or other moneys received from the estate of the insolvent insurer;

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(4) Mandate that procedures be established to designate the amount and method of reimbursing members of the board of trustees under Code Section 33-36-4; (5) Establish procedures by which claims may be filed with the pool and establish acceptable forms of proof of covered claims. Notice of claims to the receiver or liquidator ofthe insolvent insurer shall be deemed notice to the pool or its agent and a list of claims shall be periodically submitted to the pool or insolvency fund or its equivalent in another state by the receiver or liquidator; (6) Establish regular places and times for meetings of the board oftrustees; (7) Mandate that procedures be established for records to be kept of all fmancial transactions ofthe pool, its agents, and the board of trustees; (8) Establish the procedures whereby selections for the board of trustees will be submitted to the Commissioner; and (9) Contain additional provisions necessary or proper for the execution of the powers and duties of the pool. (d) In accordance with the plan, the pool may designate insurers to act on behalf of the pool to carry out the purposes of this chapter, but a member may decline such designation. The Commissioner may disapprove such designation. The plan may provide a procedure under which pending claims or judgments against the insolvent insurer or its insureds are assigned to the member companies designated to act for the pool. The assignee-insurer is authorized to appear and defend a claim in a court of competent jurisdiction or otherwise and to investigate, adjust, compromise, and settle a covered claim or to investigate, handle, and deny a noncovered claim, and to do so on behalf of and in the name of the pool. If an assignee-insurer pays the covered claim, it shall be reimbursed by the pool or be entitled to set off said payment against future assessments. The unreimbursed claim of such an insurer against the pool shall be an admitted asset ofthe insurer. Insureds entitled to protection of this chapter shall cooperate with the pool and the assignee-insurer. (e) The pool as a legal entity and any of its individual members shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out except such causes of action as the insolvent insurer would have had if such sums had been paid by the insolvent insurer and except as otherwise provided in this chapter. The pool shall be subrogated to the rights of any insured or claimant, to the extent of a covered claim, to participate in the distribution of assets of the insolvent insurer to the extent that the pool has made payment. Any claimant or insured entitled to the benefits ofthis chapter shall be deemed to have assigned to the pool, to the extent of any payment received, his or her rights against the estate of the insolvent insurer. After determination of insolvency of any insurer, the pool shall be a party in interest in all proceedings involving policies insured or assumed by the pool with the same rights to receive notice and defend, appeal, and review as the insolvent insurer would have had if solvent. All moneys recovered under this Code section or any other Code section shall be added to the assessments collected under Code Section 33-36-7.

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(f) Except for actions by member insurers aggrieved by final actions or decisions of the pool pursuant to Code Section 33-36-18, all actions relating to or arising out of this chapter against the pool must be brought in the courts in this state. Such courts shall have exclusive jurisdiction over all actions relating to or arising out of this chapter against the pool. (g) Exclusive venue in any action by or against the pool is in the Superior Court of DeKalb County. The pool may, at the option of the pool, waive such venue as to specific actions:

SECTION 15. Said title is further amended by striking subsection (b) of Code Section 33-36-7, relating to levy of assessments against insurers, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) To the extent necessary to secure the funds for the respective accounts ofthe pool for the payment of covered claims and also to pay the reasonable costs to administer the pool, the Commissioner, upon certification of the pool, shall levy assessments in the proportion that each insurer's net direct written premiums in this state in the classes protected by the account bear to the total of the net direct written premiums received in this state by all such insurers for the preceding calendar year for the kinds of insurance included within such account. Assessments shall be remitted to and administered by the pool in the manner specified by the approved plan. Each insurer so assessed shall have at least 30 days' written notice as to the date the assessment is due and payable. Every assessment shall be made as a uniform percentage applicable to the net direct written premiums of each insurer in the kinds of insurance included within the account in which the assessment is made. The assessments levied against any insurer shall not exceed in any one year more than 2 percent of that insurer's net direct written premiums in this state for the kinds of insurance included within such account during the calendar year next preceding the date of such assessments. If sufficient funds from the assessments, together with funds previously raised, are not available in any one year in the respective account to make all the payments or reimbursements then owing to insurers designated to act for the pool, the funds available shall be prorated and the unpaid portion shall be paid as soon thereafter as funds become available.'

SECTION 16. Said title is further amended by inserting a new Code Section 33-36-7.1 to read as follows:
'33-36-7 .l. (a) The plan adopted pursuant to Code Section 33-36-6 shall contain provisions whereby each member insurer is required to recoup over the year following the year of the assessment a sum calculated to recoup the assessments paid by the member insurer under this chapter by way of a surcharge on premiums charged for insurance policies to which this article applies. Amounts recouped shall not

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be considered premiums for any other purpose, including the computation of gross premium tax or agents' commission. (b) The amount of any surcharge shall be separately stated on either a billing or policy declaration sent to an insured. Member insurers who collect surcharges in excess of assessments paid pursuant to Code Section 33-36-7 for an insolvent insurer shall remit the excess to the pool as an additional assessment within 30 days after the pool has determined the amount of the excess recoupment and given notice to the member of that amount. The excess shall be applied to reduce future assessment charges in the appropriate category. (c) The pIan of operation may permit a member insurer to omit collection of the surcharge from its insureds when the expense of collecting the surcharge would exceed the amount of the surcharge. However, nothing in this Code section shall relieve the member insurer of its obligation to recoup the amount of surcharge otherwise collectible."

SECTION 17. Said title is further amended by striking Code Section 33-36-9, relating to coverage afforded by insolvent insurers to become obligation of pool, and inserting in lieu thereof a new Code Section 33-36-9 to read as follows:
'33-36-9. In the event an insurer is ordered to be liquidated, the coverage afforded by property and casualty insurance policies issued by such insurer shall, with respect to covered claims, become the obligation of the pool for a period of30 days from the date of such determination or until policy expiration date ifless than said 30 days or until the policy has been replaced by the insurer within said 30 days. The pool shall be deemed the insurer only to the extent of its obligation on the covered claims and to such extent, subject to the limitations provided in this chapter, shall have all rights, duties, and obligations ofthe insolvent insurer as if the insurer had not become insolvent, including, but not limited to, the right to pursue and retain salvage and subrogation recoverable on paid covered claim obligations. The pool shall not be deemed the insolvent insurer for any purpose relating to the issue of whether the pool is amenable to the personal jurisdiction of the courts of any state. The pool is authorized to investigate, adjust, compromise, and settle covered claims or to investigate, handle, and deny noncovered claims. The pool shall have the authority, upon approval of the Commissioner, to borrow funds necessary to effect the purposes of this chapter. The pool shall have the authority to establish procedures for requesting financial information from insureds on a confidential basis for purposes of applying Code sections concerning their net worth, subject to such information being shared with any other association similar to the pool and the liquidator for the insolvent company on the same confidential basis. If the insured refuses to provide the requested fmancial information and an auditor's certification of the same where requested and available, the pool may deem the net worth of the insured, in the instance of a first party claim, to be in excess of $10 million at the relevant time or, in the event of a third party claim, to be in excess of $25 million at the

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relevant time. In any lawsuit contesting the applicability of subparagraph (G) of paragraph (4) of Code Section 33-36-3 or subsection (d) of Code Section 33-36-14 where the insured has declined to provide financial information under the procedure provided pursuant to this Code section, the insured shall bear the burden of proof concerning its net worth at the relevant time. If the insured fails to prove that its net worth at the relevant time was less than the applicable amount, the court shall award the pool its full costs, expenses, and reasonable attorney's fees in contesting the claim."

SECTION 18. Said title is further amended by striking Code Section 33-36-11, relating to procedure for proof and allowance of covered claims, and inserting in lieu thereof a new Code Section 33-36-11 to read as follows:
"33-36-11. (a) Notwithstanding any other provisions of this chapter, a covered claim shall not include a claim filed with the pool after the earlier of (i) 18 months after the date of the order of liquidation, or (ii) the final date set by the court for the ftling of claims against the liquidator or receiver of an insolvent insurer and shall not include any claim filed with the pool or a liquidator for protection afforded under the insured's policy for incurred-but-not-reported losses. (b) The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to an order of liquidation, nor during the pendency of insolvency proceedings, nor during a 120 day stay following an order ofliquidation. (c) In no instance may a finding of default or the entry of a defuult judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer."

SECTION 19. Said title is further amended by striking Code Section 33-36-13, relating to allowance of claims by receivers, liquidators, or statutory successors, and inserting in lieu thereof a new Code Section 33-36-13 to read as follows:
"33-36-13. With respect to insolvent insurers incorporated in this state, the receiver, liquidator, or statutory successor shall allow as a proper claim on the assets of the insolvent insurer amounts paid under this chapter by or on behalf of the pool or paid by an insolvency fund or its equivalent in another state on or with respect to covered claims, notwithstanding provisions to the contrary in any statute of this state relating to the rights and duties of such receiver, liquidator, or statutory successor. As a condition of an insurer doing business in this state, all property and casualty insurance policies issued or renewed shall be deemed to provide that the insurer appoints the pool as its agent with respect to investigation, adjustment, compromise, and settlement of covered claims and to reimburse the pool for any payment made under the terms of this chapter, and that such appointment and

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obligation shall be binding on any receiver, liquidator, or statutory successor appointed to liquidate or wind up its affairs:

SECTION 20. Said title is further amended by striking Code Section 33-36-14, relating to exhaustion of rights by claimants against insolvent insurers prior to recovery, and inserting in lieu thereof a new Code Section 33-36-14 to read as follows:
'33-36-14. (a) Any person having a claim against a policy or an insured under a policy issued by an insolvent insurer, which claim is a covered claim and is also a claim within the coverage of any policy issued by a solvent insurer, shall be required to exhaust first his rights under such policy issued by the solvent insurer. The policy of the solvent insurer shall be treated as primary coverage and the policy of the insolvent insurer shall be treated as secondary coverage and his or her rights to recover such claim under this chapter shall be reduced by any amounts received from the solvent insurers. (b) Any amount paid a claimant in excess of the amount authorized by this chapter may be recovered by an action brought by or on behalf of the pool. (c) To the extent that the pool's obligation is reduced by the application of this Code section, the liability of the person insured by the insolvent insurer's policy for the claim shall be reduced in the same amount. (d) The pool shall have the right to recover from the following persons all amounts paid by the pool on behalf of such person, whether for indemnity or defense or otherwise:
(1) Any insured whose net worth on December 31 of the year immediately preceding the date the insurer becomes an insolvent insurer exceeds $25 million; provided that an insured's net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis; and (2) Any person who is an affiliate of the insolvent insurer:

SECTION 21. Said title is further amended by adding a new Code Section 33-36-14.1 to read as follows:
'33-36-14.1. (a) To aid in the detection and prevention of insurer insolvencies:
( 1) The board of trustees may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies; (2) The board oftrustees may, upon majority vote, make recommendations to the Commissioner on matters generally related to improving or enhancing regulation fur solvency; and (3) The board of trustees may, at the conclusion of any domestic insurer insolvency in which the pool was obligated to pay covered claims, prepare a report on the history and causes of such ins ol ve nc y based on the information available to the pool and submit such report to the Commissioner.

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(b) Reports and recommendations made pursuant to this Code section shall not be considered public documents.'

SECTION 22. Said title is further amended by striking Code Section 33-36-15, relating to examination of pool, and inserting in lieu thereof a new Code Section 33-36-15 to read as follows:
'33-36-15. The pool shall be deemed a company or insurer within the scope of Code Section 33-2-11 relating to examinations. Notwithstanding the provisions of Code Section 33-2-11 or this Code section, whether such examinations shall be conducted and the frequency of any such examinations shall be at the sole discretion ofthe Commissioner.'

SECTION 23. Said title is further amended by adding a new Code Section 33-36-16.1 to read as follows:
'33-36-16.1. There shall be no liability on the part of, and no cause of action of any nature shall arise against any member insurer, the pool or its agents or employees, the board of trustees, or any person serving as a representative of any member of the board of trustees for any action taken or any failure to act by them in the performance of their powers and duties under this chapter.'

SECTION 24. The provisions of Sections 11 through 23 shall apply to insolvencies which occur on or after the effective date of this Act.

SECTION 25. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

WILLS- COURTS- TRUSTEE DUTIES; UNITRUST CONVERSION; PROBATE
COURT JURISDICTION.
No. 109 (House Bill No. 406).
AN ACT
To amend Article 10 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to allocation of principal and income, so as to change provisions

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relating to the duty of the trustee as to receipts and expenditures; to provide for general principles relating to the allocation of principal and income; to provide for the discretionary power of a trustee to adjust the trust receipts between principal and income; to provide for requirements and prohibitions in adjustments; to provide for the criteria and procedure for conversion to a unitrust; to provide for judicially approved conversion; to provide for requirements and prohibitions in conversions; to provide for remedies; to correct a cross-reference; to amend Article 9 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trustees duties and liabilities, so as to provide for exclusions of certain remedies; to amend Code Section 15-9-127 of the Official Code of Georgia Annotated, relating to a probate court's additional concurrent jurisdiction with the superior court, so as to provide for concurrent jurisdiction for probate courts and superior courts on certain matters; 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 15-9-12 7 of the Official Code of Georgia Annotated, relating to a probate court's additional concurrent jurisdiction with the superior court, is amended by striking the word "and" from the end of paragraph (6), by striking the symbol "." at the end of paragraph (7) and inserting in lieu thereof the symbol and word"; and", and by adding a new paragraph (8) to read as follows:
'(8) Conversion to a unitrust and related matters pursuant to Code Section 53-12-221.'

SECTION 2. Article 9 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trustees' duties and liabilities, is amended by striking subsection (a) of Code Section 53-12-192, relating to actions and remedies in breach of trust, and inserting in lieu thereof the following:
'(a) Notwithstanding the remedy set forth in subsection (c) of Code Section 53-12-222 for an abuse of discretion as provided in Code Sections 53-12-220 and 53-12-221, if a trustee commits a breach oftrust, or threatens to commit a breach of trust, a beneficiary shall have a cause of action:
(l) To recover damages; (2) To compel the trustee to perform the trustee's duties; (3) To enjoin the trustee from committing a breach of trust; (4) To compel the trustee to redress a breach of trust by payment of money or otherwise; (5) To appoint a receiver or temporary trustee to take possession of the trust property and administer the trust; (6) To remove the trustee; (7) To reduce or deny compensation ofthe trustee:

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SECTION 3. Said article is further amended by striking subsection (a) of Code Section 53-12-193, relating to measure of liability of trustee to beneficiary, and inserting in lieu thereof the following:
'(a) Notwithstanding the remedy set forth in subsection (c) of Code Section 53-12-222 for an abuse of discretion as provided in Code Sections 53-12-220 and 53-12-221, a trustee who commits a breach of trust is personally chargeable with any damages resulting from the breach of trust including but not limited to:
( 1) Any loss or depreciation in value of the trust property as a result of the breach of trust with interest; (2) Any profit made by the trustee through the breach of trust with interest; (3) Any amount that would reasonably have accrued to the trust or beneficiary if there had been no breach of trust with interest; and (4) In the discretion of the court, expenses of litigation, including reasonable attorney's fees incurred by the beneficiary in bringing an action on the breach or threat to commit a breach.'

SECTION 4. Article 10 of Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to allocation of principal and income, is amended by striking in its entirety Code Section 53-12-211, relating to the duty of a trustee as to receipts and expenditures, and inserting in lieu thereof the following:
'53-12-211. (a) In allocating receipts and disbursements to or between principal and income and with respect to any matter within the scope of this chapter, the following shall apply:
( 1) A trustee shall administer a trust in accordance with the governing instrument, even if there is a different provision in this chapter; (2) A trustee may administer a trust by the exercise of a discretionary power of administration regarding a matter within the scope of this chapter given to the trustee by the governing instrument, even if the exercise of the power produces a result different from a result required or permitted by this chapter. No inference that the trustee has improperly exercised the discretionary power shall arise from the fact that the trustee has made an allocation contrary to a provision of this chapter; (3) A trustee shall administer a trust in accordance with this chapter if the governing instrument does not contain a different provision or does not give the trustee a discretionary power of administration regarding a matter within the scope of this chapter; and (4) A trustee shall add a receipt or charge a disbursement to principal to the extent that the governing instrument and this chapter do not provide a rule for allocating the receipt or disbursement to or between principal and income. (b) In exercising a discretionary power of administration regarding a matter within the scope of this chapter, whether granted by the governing instrument or this chapter, including Code Section 53-12-220, relating to a trustee's power to

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adjust, and Code Section 53-12-221, relating to the power to convert to unitrust, a trustee shall administer a trust impartially based on what is fair and reasonable to all of the beneficiaries, except to the extent that the governing instrument clearly manifests an intention that the trustee shall or may favor one or more of the beneficiaries. A determination in accordance with this chapter is presumed to be fair and reasonable to all of the beneficiaries.'

SECTION 5. Said article is further amended by striking Code Section 53-12-218, relating to timber, and inserting in lieu thereof the following:
'53-12-218. If any part of the principal consists ofland from which merchantable timber may be removed, the receipts from taking the timber from the land shall be allocated in accordance with subsection (a) of Code Section 53-12-211:

SECTION 6. Said article is further amended by adding at the end thereof three new Code Sections 53-12-220, 53-12-221, and 53-12-222 to read as follows:
'53-12-220. (a) Subject to subsections (c) and (f) of this Code section, a trustee may adjust between principal and income by allocating an amount of income to principal or an amount of principal to income to the extent the trustee considers appropriate if:
( 1) The governing instrument describes what may or must be distributed to a beneficiary by referring to the trust's income; and (2) The trustee determines, after applying the rules in subsection (a) of Code Section 53-12-211, that the trustee is unable to comply with subsection (b) of Code Section 53-12-211. (b) In deciding whether and to what extent to exercise the power conferred by subsection (a) of this Code section, a trustee may consider, among other things, all ofthe following: (1) The size of the trust; (2) The nature and estimated duration of the trust; (3) The liquidity and distribution requirements of the trust; (4) The needs for regular distributions and preservation and appreciation of capital; (5) The expected tax consequences of an adjustment; (6) The net amount allocated to income under this chapter and the increase or decrease in the value of the principal assets, which the trustee may estimate as to assets for which market values are not readily available; (7) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, and tangible and intangible personal property or real property; the extent to which an asset is used by a beneficiary; and whether an asset was purchased by the trustee or received from the settlor or testator;

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(8) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing instrument; (9) Whether and to what extent the governing instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income, and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; (10) The intent of the settlor or testator; and (11) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation on the trust. (c) A trustee may not make an adjustment under this Code section if any of the following apply: (1) The adjustment would diminish the income interest in a trust which requires all of the income to be paid at least annually to a spouse and for which a federal estate tax or gift tax marital deduction would be allowed, in whole or in part, if the trustee did not have the power to make the adjustment; (2) The adjustment would reduce the actuarial value of the income interest in a trust to which a person transfers property with the intent to qualify for a federal gift tax exclusion; (3) The adjustment would change the amount payable to a beneficiary as a ftxed annuity or a fixed fraction ofthe value of the trust assets; (4) The adjustment is from any amount which is permanently set aside for charitable purposes under the governing instrument and for which a federal estate or gift tax deduction has been taken, unless both income and principal are so set aside; (5) If:
(A) Possessing or exercising the power to make an adjustment would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes; and (B) The individual would not be treated as the owner if the trustee did not possess the power to make an adjustment; (6) If: (A) Possessing or exercising the power to make an adjustment would cause all or part of the trust assets to be subject to federal estate, gift, or generation-skipping transfer tax with respect to an individual; and (B) The assets would not be subject to federal estate, gift, or generation-skipping tax with respect to the individual if the trustee did not possess the power to make an adjustment; (7) Ifthe trustee is a beneficiary of the trust; or (8) Ifthe trust has been converted under Code Section 53-12-221. (d) If paragraph (5), (6), or (7) of subsection (c) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may make the adjustment unless the exercise of the power by the remaining trustee or trustees is prohibited by the governing instrument.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(e)( 1) If paragraph (2) of this subsection applies, a trustee may release any of the following:
(A) The entire power conferred by subsection (a) ofthis Code section; (B) The power to adjust from income to principal; or (C) The power to adjust from principal to income. (2) A release under paragraph (1) of this subsection is permissible if either of the following apply: (A) The trustee is uncertain about whether possessing or exercising the power will cause a result described in paragraphs (1) through (6) of subsection (c) of this Code section; or (B) The trustee determines that possessing or exercising the power will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (c) ofthis Code section. (3) The release may be permanent or for a specified period, including a period measured by the life of an individual. (f) A governing instrument which limits the power of a trustee to make an adjustment between principal and income does not affect the application of this Code section unless it is clear from the governing instrument that it is intended to deny the trustee the power of adjustment conferred by subsection (a) of this Code section.

53-12-221. (a) Unless expressly prohibited by the governing instrument, a trustee may release the power to adjust under Code Section 53-12-220 and convert a trust into a unitrust as described in this Code section if all of the following apply:
( 1) The trustee determines that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust; (2) The trustee gives written notice of the trustee's intention to release the power to adjust and to convert the trust into a unitrust and of how the unitrust will operate, including what initial decisions the trustee will make under this Code section, to all the sui juris beneficiaries who:
(A) Are currently eligible to receive income from the trust; and (B) Would receive, if no powers of appointment were exercised, a distribution of principal if the trust were to terminate immediately prior to the giving ofnotice; (3) There is at least one sui juris beneficiary under subparagraph (A) of paragraph (2) of this subsection and at least one sui juris beneficiary under subparagraph (B) of paragraph (2) of this subsection; and (4) No sui juris beneficiary objects to the conversion to a unitrust in a writing delivered to the trustee within 60 days of the mailing of the notice under paragraph (2) of this subsection. (b)(1) The trustee may petition the superior court to approve the conversion to a unitrust.

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(2) A beneficiary may request a trustee to convert to a unitrust. If the trustee does not convert, the beneficiary may petition the superior court to order the conversion. (3) The court shall approve the conversion or direct the requested conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust. (c) In deciding whether to exercise the power to convert to a unitrust as provided by subsection (a) of this Code section, a trustee may consider, among other things, all ofthe following: (1) The size of the trust; (2) The nature and estimated duration of the trust; (3) The liquidity and distribution requirements of the trust; (4) The needs for regular distributions and preservation and appreciation of capital; (5) The expected tax consequences of the conversion; (6) The assets held in the trust; the extent to which they consist of financial assets, interests in closely held enterprises, and tangible and intangible personal property or real property; and the extent to which an asset is used by a beneficiary; (7) To the extent reasonably known to the trustee, the needs of the beneficiaries for present and future distributions authorized or required by the governing instrument; (8) Whether and to what extent the governing instrument gives the trustee the power to invade principal or accumulate income or prohibits the trustee from invading principal or accumulating income and the extent to which the trustee has exercised a power from time to time to invade principal or accumulate income; and (9) The actual and anticipated effect of economic conditions on principal and income and effects of inflation and deflation on the trust. (d) After a trust is converted to a unitrust, all of the following apply: ( 1) The trustee shall follow an investment policy seeking a total return for the investments held by the trust, whether the return is to be derived from:
(A) Appreciation of capital; (B) Earnings and distributions from capital; or (C) Both appreciation ofcapital and earnings and distributions from capital; (2) The trustee shall make regular distributions in accordance with the governing instrument construed in accordance with the provisions of this Code section; (3) The term 'income' in the governing instrument shall mean an annual unitrust distribution equal to 4 percent ofthe net fair market value of the trust's assets, whether such assets would be considered income or principal under other provisions of this chapter, averaged over the lesser of: (A) The three preceding years; or (B) The period during which the trust has been in existence;

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(4) The trustee can determine the fair market value of the property in the trust by appraisal or other reasonable method or estimate; and (5) The fair market value of the trust property shall not include the value of any residential property or any tangible personal property that, as of the first business day of the current valuation year, one or more of the current beneficiaries of the trust have or had the right to occupy or have had the right to possess or control, other than in his or her capacity as trustee of the trust, and instead the right of occupancy or the right to possession or control shall be deemed to be the unitrust amount with respect to such residential property. (e) The trustee may in the trustee's discretion from time to time determine all of the following: (1) The effective date of a conversion to a unitrust; (2) The provisions for prorating a unitrust distribution for a short year in which a beneficiary's right to payments commences or ceases; (3) The frequency ofunitrust distributions during the year; (4) The effect of other payments from or contributions to the trust on the trust's valuation; (5) Whether to value the trust's assets annually or more frequently; (6) What valuation dates to use; (7) How frequently to value nonliquid assets and whether to estimate their value; and (8) Any other matters necessary for the proper functioning of the unitrust. (f)(l) Expenses which would be deducted from income if the trust were not a unitrust may not be deducted from the unitrust distribution. (2) Unless otherwise provided by the governing instrument, the unitrust distribution shall be paid from net income, as such term would be determined if the trust were not a unitrust. To the extent net income is insufficient, the unitrust distribution shall be paid from net realized short-term capital gains. To the extent income and net realized short-term capital gains are insufficient, the unitrust distribution shall be paid from net realized long-term capital gains. To the extent income and net realized short-term and long-term capital gains are insufficient, the unitrust distribution shall be paid from the principal of the trust. (g) The trustee or, ifthe trustee declines to do so, a beneficiary may petition the superior court to: (1) Select a payout percentage different than 4 percent; (2) Provide for a distribution of net income, as would be determined if the trust were not a unitrust, in excess of the unitrust distribution if such distribution is necessary to preserve a tax benefit; (3) Average the valuation of the trust's net assets over a period other than three years; or (4) Reconvert from a unitrust. Upon a reconversion, the power to adjust under Code Section 53-12-220 shall be revived.

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(h) A conversion to a unitrust does not affect a provision in the governing instrument directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw a portion or all of the principal. (i) A trustee may not convert a trust into a unitrust in any of the following circumstances:
( 1) If the conversion would result in the disallowance of a federal estate tax or gift tax marital deduction which would be allowed if the trustee did not have the power to convert; (2) If payment of the unitrust distribution would change the amount payable to a beneficiary as a fixed annuity or a fixed fraction of the value of the trust assets; (3) If the unitrust distribution would be made from any amount which is permanently set aside for charitable purposes under the governing instrument and for which a federal estate or gift tax deduction has been taken, unless both income and principal are so set aside; (4) If:
(A) Possessing or exercising the power to convert would cause an individual to be treated as the owner of all or part of the trust for federal income tax purposes; and (B) The individual would not be treated as the owner if the trustee did not possess the power to convert; or (5) If: (A) Possessing or exercising the power to convert would cause all or part of the trust assets to be subject to federal estate, gift, or generation-skipping transfer tax with respect to an individual; and (B) The assets would not be subject to federal estate, gift, or generation-skipping transfer tax with respect to the individual if the trustee did not possess the power to convert. (j)(l) Ifparagraph (4) or (5) of subsection (i) of this Code section applies to a trustee and there is more than one trustee, a cotrustee to whom the provision does not apply may convert the trust unless the exercise of the power by the remaining trustee or trustees is prohibited by the governing instrument; and (2) If paragraph (4) or (5) of subsection (i) of this Code section applies to all the trustees, the trustees may petition the superior court to direct a conversion. (k)( 1) A trustee may release the power conferred by subsection (a) of this Code section to convert to a unitrust if either of the following apply: (A) The trustee is uncertain about whether possessing or exercising the power to convert will cause a result described in paragraph (4) or (5) of subsection (i) of this Code section; or (B) The trustee determines that possessing or exercising the power to convert will or may deprive the trust of a tax benefit or impose a tax burden not described in subsection (i) ofthis Code section. (2) The release of the power to convert may be permanent or for a specified period, including a period measured by the life of an individual.

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53-12-222. (a) A court shall not change a trustee's decision to exercise or not to exercise a discretionary power conferred by this chapter unless it determines that the decision was an abuse ofthe trustee's discretion. (b) The decisions to which subsection (a) of this Code section apply include:
(1) A determination of whether and to what extent an amount should be transferred from principal to income or from income to principal; and (2) A determination of the factors that are relevant to the trust and its beneficiaries, the extent to which they are relevant, and the weight, if any, to be given to the relevant factors in deciding whether and to what extent to exercise the power conferred by this chapter. (c) Notwithstanding the actions and remedies and measure of liability for breach of trust as set forth in Code Sections 53-12-192 and 53-12-193, if a court determines that a trustee has abused its discretion regarding a discretionary power conferred by this chapter, the remedy is to restore the income and remainder beneficiaries to the positions they would have occupied if the trustee had not abused its discretion, according to the following rules: ( 1) To the extent that the abuse of discretion has resulted in no distribution to a beneficiary or a distribution which is too small, the court shall require the trustee to distribute from the trust to the beneficiary an amount that the court determines will restore the beneficiary, in whole or in part, to the beneficiary's appropriate position; (2) To the extent that the abuse of discretion has resulted in a distribution to a beneficiary which is too large, the court shall restore the beneficiaries, the trust, or both, in whole or in part, to their appropriate positions by requiring the trustee to withhold an amount from one or more future distributions to the beneficiary who received the distribution that was too large or requiring that beneficiary or that beneficiary's estate to return some or all of the distribution to the trust, notwithstanding a spendthrift or similar provision; (3) If the abuse of discretion concerns the power to convert a trust into a unitrust, the court shall require the trustee either to convert into a unitrust or to reconvert from a unitrust; and (4) To the extent that the court is unable, after applying paragraphs (1), (2), and (3) of this subsection, to restore the beneficiaries, the trust, or both to the positions they would have occupied if the trustee had not abused its discretion, the court may require the trustee to pay an appropriate amount from its own funds to one or more of the beneficiaries, the trust, or both. (d) No provision of this Code section or this chapter is intended to create or imply a duty to make an adjustment under Code Section 53-12-220 or a conversion under Code Section 53-12-221, and a trustee is not liable for not considering whether to make an adjustment or a conversion for choosing not to make an adjustment or a conversion.'

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SECTION 7. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

MOTOR VEHICLES- HISTORICAL LICENSE PLATE; 1970 OR BEFORE.
No. 110 (Senate Bill No. 117).
AN ACT
To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, so as to provide that any Georgia license plate issued in the year 1970 or before shall be an authentic historical Georgia license plate; to authorize the display of such license plates on certain motor vehicles; to provide for certain computerized information; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to the registration and licensing of motor vehicles generally, is amended by striking in its entirety Code Section 40-2-41.1, relating to authentic historical Georgia license plates, and inserting in lieu thereof the following:
'40-2-41.1. (a) As used in this Code section, the term 'authentic historical Georgia license plate' means a license plate originally issued in the year 1970 or earlier and originally required to be displayed on motor vehicles operated upon the streets and highways of this state in the year 1970 or earlier pursuant to former motor vehicle registration laws ofthis state. (b) The owner ofany antique motor vehicle manufactured in 1970 or earlier shall be authorized to display in lieu of and in the same manner as the license plate otherwise required under Code Section 40-2-41 an authentic historical Georgia license plate which clearly represents the model year of any such antique motor vehicle, provided that the owner has properly registered such antique motor vehicle for the current year as otherwise required under this chapter and has obtained a current Georgia license plate or revalidation decal for such antique motor vehicle. Such currently valid Georgia license plate shall be kept in such antique motor vehicle at all times but need not be displayed in a manner to be visible from outside the vehicle.

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(c) For purposes of this Code section, the authentic historical Georgia license plate shall be furnished by the owner of any such antique motor vehicle. (d) No later than January l, 2006, the commissioner shall have installed within the department's computer information system applicable to the registration of motor vehicles the necessary program which will include in the information relating to the current Georgia license plate or revalidation decal issued for an antique motor vehicle the information relating to the authentic historical Georgia license plate authorized to be displayed on such antique motor vehicle.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

GAME AND FISH- SPONGE CRABS.
No. Ill (Senate Bill No. 119).
AN ACT
To amend Code Section 27-4-150 of the Official Code of Georgia, relating to taking, possessing, and dealing in crabs and peelers and related record requirements, so as to postpone the date of an automatic repeal of certain provisions related to sponge crabs; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 27-4-150 of the Official Code of Georgia Annotated, relating to taking, possessing, and dealing in crabs and peelers and related record requirements, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof the following:
'(2) It shall be unlawful for any person to take or possess or offer for sale at any time any female blue crab bearing eggs visibly on its body, commonly known as sponge crabs, or any such female blue crab from which the egg pouch or bunion has been removed. It shall not be unlawful temporarily to take such sponge crabs incidental to lawful crabbing operations so long as the sponge crabs are returned immediately to the water free, alive, and unharmed. Nothing in this paragraph shall prohibit any person from importing, transporting, or possessing sponge crabs when such person can provide documentary evidence showing that the sponge crabs were taken outside this

GEORGIA LAWS 2005 SESSION

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state in full compliance with the laws of the state of origin. He or she must have an executed invoice showing the point of origin of such sponge crabs and exhibit such an invoice upon demand to any conservation ranger. This paragraph shall be automatically repealed on July 1, 2008, unless continued by the General Assembly following a report on the status of the blue crab resource and fishery.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 2, 2005.

STATE GOVERNMENT- TOLLWAY PROJECT MOTORIST; FINANCIAL ACCOUNTS OR TRAVEL HISTORY; NONDISCLOSURE.
No. 112 (Senate Bill No. 121).
AN ACT
To amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required, so as to exempt records of the State Road and Tollway Authority that would reveal the financial accounts or travel history of an individual who is a motorist on a tollway project; to provide for related matters; to provide an effective date and for applicability; to repeal conflicting laws; and fur other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when pub lie disclosure of records is not required, is amended by striking paragraphs (16) and ( 17) of subsection (a) and inserting in lieu thereof new paragraphs (16), (17), and (18) to read as fullows:
'(16) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency '911' sys tern, as defined in paragraph (3) of Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted :from such

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records if necessary to prevent the disclosure of the identity of a confidential source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation; ( 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; or (18) Records of the State Road and Tollway Authority which would reveal the financial accounts or travel history of any individual who is a motorist upon such toll project. Such financial records shall include, but not be limited to social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the user's name.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all requests for copies of records or to inspect records filed or submitted on or after such date and that are pending on such date.

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

Approved May 2, 2005.

FIRE PROTECTION- FIREWORKS; SPARKLERS; MODEL ROCKETS OR ENGINES.
No. 113 (Senate Bill No. 133).
AN ACT
To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, so as to change the definition of the term "fireworks"; to prohibit the sale of certain combustible or explosive compositions to persons under 18 years of age; to provide for certain limitations on such sales; to provide for a monetary penalty for sales made in violation of such prohibition; 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. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fireworks, is amended by striking Code Section 25-10-1, relating to definition of "fireworks," and inserting in lieu thereof a new Code Section 25-10-1 to read as follows:
'25-1 0-1. (a) As used in this chapter, the term:
(1) 'Fireworks' means any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, including blank cartridges, balloons requiring fire underneath to propel them, firecrackers, torpedos, skyrockets, Roman candles, bombs, sparklers, and other combustibles and explosives of like construction, as well as articles containing any explosive or flammable compound and tablets and other devices containing an explosive substance. (2) 'Proximate audience' means an audience closer to pyrotechnic devices than permitted by the National Fire Protection Association Standard 1123, Code for Fireworks Display, as adopted by the Safety Fire Commissioner. (3) 'Pyrotechnics' means fireworks. (b) As used in this chapter, the term 'fireworks' shall not include: ( 1) Model rockets and model rocket engines, designed, sold, and used for the purpose of propelling recoverable aero models, toy pistol paper caps in which the explosive content averages 0.25 grains or less of explosive mixture per paper cap or toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps; nor shall the term 'fireworks' include ammunition consumed by weapons used for sporting and hunting purposes; and (2) Wire or wood sparklers of 100 grams or less of mixture per item; other sparkling items which are nonexplosive and nonaerial and contain 75 grams or less of chemical compound per tube or a total of 200 grams or less for multiple tubes; snake and glow worms; trick noise makers which include paper streamers, party poppers, string poppers, snappers, and drop pops each consisting of0.25 grains or less of explosive mixture.'

SECTION 2. Said chapter is further amended by striking Code Section 25-10-2, relating to prohibited acts with respect to fireworks, and inserting in lieu thereof a new Code Section 25-1 0-2 to read as follows:
'25-1 0-2. (a) It shall be unlawful for any person, firm, corporation, associatiOn, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, transport, or store any fireworks, except as otherwise provided in this chapter.

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(b)(1) Notwithstanding any provision of this chapter to the contrary, it shall be unlawful for any person, firm, corporation, association, or partnership to sell to any person under 18 years of age any items defined in paragraph (2) of subsection (b) ofCode Section 25-10-1. (2) It shall be unlawful to sell any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 to any person by any means other than an in-person, face-to-fuce sale. Such person shall provide proper identification to the seller at the time of such purchase. For purposes of this paragraph, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. (3) It shall be unlawful to use any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors.'

SECTION 3. Said chapter is further amended by adding a new Code Section 25-10-9 to read as follows:
'25-10-9. Notwithstanding any provision of this chapter to the contrary, any person, firm, corporation, association, or partnership who or which knowingly violates subsection (b) of Code Section 25-1 0-2 may be punished by a fine not to exceed $100.00. Each sales transaction in violation of subsection (b) of Code Section 25-l 0-2 shall be a separate offense.'

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

GEORGIA LAWS 2005 SESSION

599

LAW ENFORCEMENT- FIRE PROTECTION -PUBLIC OFFICERS - ANTITERRORISM TASK FORCE; FIRE WSS INFORMATION.

No. 114 (Senate Bill No. 146).

AN ACT

To amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to change a definition; to change the title of the director; to change certain provisions concerning authorizing the Antiterrorism Task Force to share information and work with other agencies; to amend Code Section 25-2-3 3 of the Official Code of Georgia Annotated, relating to release of fire loss information by insurers on request by state official, and Code Section 45-7-7 of the Official Code of Georgia Annotated, relating to compensation and allowances of certain officials not be changed without giving public notice, so as to correct the title of the director of the Georgia Bureau of Investigation; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by striking paragraph (2) of Code Section 35-3 -1, relating to definitions, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) 'Director' means the director ofthe Georgia Bureau oflnvestigation.'

SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 35-3-5, relating to the director of investigation, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) There is created the position ofdirector.'

SECTION 3. Said chapter is further amended by striking Code Section 35-3-7, relating to agreements by director and commissioner for provision of services and material, and inserting in lieu thereof a new Code Section 35-3-7 to read as follows:
'35-3-7. The director and the commissioner of public safety are authorized to enter into agreements, subject to approval of the Board of Public Safety, for the provision of such services, material, or combination thereof as may be useful in the performance of the official duties of the bureau or the department.'

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GENERAL ACTS AND RESOLUTIONS, VOL. I

SECTION 4. Said chapter is further amended by striking Code Section 35-3-9.2, relating to mobile cocaine education van, and inserting in lieu thereof a new Code Section 35-3-9.2 to read as fullows:
'35-3-9.2. Reserved.'

SECTION 5. Said chapter is further amended by striking Code Section 35-3-64, relating to confidentiality of investigative reports and identity of agents, and inserting in lieu thereof a new Code Section 35-3-64 to read as fullows:
'35-3-64. All efforts shall be made to maintain the confidentiality of the investigative efforts of the Antiterrorism Task Force and the identity of agents who operate in undercover assignments. Information may, however, be shared with other law enforcement agencies when, in the sole discretion of the director, the sharing of such information would not compromise the successful completion of the investigation or cases being made.'

SECTION 6. Said chapter is further amended by striking Code Section 35-3-65, relating to authority to work with other law enfOrcement agencies, and inserting in lieu thereof a new Code Section 35-3-65 to read as follows:
'35-3-65. The Antiterrorism Task Force shall be authorized to work with and seek the assistance of other law enforcement agencies when, in the sole discretion of the director, such assistance would not compromise the successful completion of the investigations or cases being made.'

SECTION 7. Code Section 25-2-33 of the Official Code of Georgia Annotated, relating to release of frre loss information by insurers on request by state official, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The state fire marshal, any deputy designated by the state fire marshal, the director of the Georgia Bureau of Investigation or the chief of a frre department of any municipal corporation or county where a fire department is established may request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss. The company shall release the information to and cooperate with any official authorized to request such information pursuant to this Code section. The information to be released shall include, but is not limited to:
(1) Any insurance policy relevant to the fire loss under investigation and any application for such a policy; (2) Policy premium payment records on the policy, to the extent available;

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(3) Any history of previous claims made by the insured for fire loss with the reporting carrier; and (4) Material relating to the investigation of the loss, including statements of any person, proofofloss, and any other relevant evidence.'

SECTION 8. Code Section 45 -7-7 of the Official Code of Georgia Annotated, relating to compensation and allowances of certain officials not be changed without giving pub lie notice, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as fullows:
'(b) Subsection (a) of this Code section shall apply to the compensation and allowances of the commissioner of community affuirs, the director of the Employees' Retirement System of Georgia, the director of the State Forestry Commission, the director 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 ofthe State Ethics Commission.'

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

HIGHWAYS- NATIONAL HIGHWAY SYSTEM; JUNKYARDS; GEORGIA HIGHWAY AUTHORITY.
No. 115 (Senate Bill No. 160).
AN ACT
To amend Chapter 1 of Title 32 ofthe Official Code of Georgia Annotated, relating to general provisions relative to highways, bridges, and ferries, so as to amend the definition of terms; to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, so as to remove all references to national highways; to amend Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on public roads generally, so as to remove all references to a

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GENERAL ACTS AND RESOLUTIONS, VOL. I

federal-aid primary road; to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on the state highway system, so as to amend the defmition of a primary system or highway; to amend Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of junkyards, so as to define the scope of the Department of Transportation's control over junkyards; to limit the junkyard screening requirement; to limit the scope ofjunkyard control; to change the areas of authorization for junkyard control; to amend Part I of Article I of Chapter I 0 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Highway Authority, so as to refine definitions; 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 I of Title 32 of the Official Code of Georgia Annotated, relating to general provisions relative to highways, bridges, and terries, is amended by striking paragraph (10) of Code Section 32-1-3, containing definitions relative to highways, bridges, and ferries, and inserting in its place a new paragraph (I 0) and also by inserting new paragraphs (12.1) and (27.1) to read as fOllows:
'(10) 'Federal-aid systems' means those public roads in Georgia comprised of The Dwight D. Eisenhower System of Interstate and Defense Highways and the National Highway System, as those terms are defined in Section 103 of Title 23 of the United States Code.' '(12.1) 'Interstate highways' means any highway which constitutes a part of The Dwight D. Eisenhower System of Interstate and Defense Highways as used in Section 103 ofTitle 23 of the United States Code.' '(27 .I) 'State roads' or 'state routes' means those roads which are defined under paragraph (I) ofCode Section 32-4-1:

SECTION 2. Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to dimensions and weight of vehicles and loads, is amended by striking Code Section 32-6-26, relating to weight of vehicle and load, and inserting in its place the following:
'32-6-26. (a) As used in this Code section, the term:
(I) 'Federal bridge formula' means:

LN

w 500

- - + 12N + 36

( N-1

)

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Where W = the overall gross weight on any group of two or more consecutive axles to the nearest 500 pounds, L = the distance in feet between the extreme of any group of two or more consecutive axles, and N = the number of axles in the group under consideration. (2) 'Lift axle' means any axle on any vehicle manufuctured after July 1, 1978, which axle may be raised or lowered with respect to the horizontal plane of the vehicle. (3) 'Single axle' means all the wheels whose centers maybe included between two parallel transverse vertical planes 40 inches apart. (4) 'State bridge formula' means:

LN

w 500

+ 12N + 36

( N-1

)

Where W = the maximum allowable gross weight of the vehicle or combination of vehicles to the nearest 500 pounds, L = the distance in feet between the first and last axles of the vehicle or combination of vehicles, and N =the number of axles on the vehicle or combination of vehicles. (5) 'Tandem axle' means two or more consecutive axles, excluding the steering axle, which extend across the full width of the vehicle and whose centers may be included between parallel vertical planes spaced more than 40 inches apart but not more than 2 16 inches apart. (b) Except when authorized by a permit issued pursuant to Code Section 32-6-28 and except as otherwise provided in this Code section: ( 1) No vehicle equipped with high pressure pneumatic, solid rubber, or cushion tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 8,000 pounds by more than 13 percent or a load on any single axle which exceeds 16,000 pounds by more than 13 percent; and (2) No vehicle equipped with low pressure pneumatic tires and operated upon any public road of this state shall carry a load on any wheel which exceeds 9,000 pounds by more than 13 percent or a load on any single axle which exceeds 18,000 pounds by more than 13 percent.
(c)(1)(A) On all highways within this state which are not interstate highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; the maximum load on any tandem axle shall be 40,680 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized fur any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped. (B) For vehicles and loads with an actual total gross weight between 73,280 pounds and 80,000 pounds, the maximum total gross weight authorized fur

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GENERAL ACTS AND RESOLUTIONS, VOL. I

the vehicle and load shall be determined by applying the state bridge formula. (C) For any vehicle equipped with four axles, the maximum total gross weight authorized for the vehicle and load shall be 70,000 pounds. (2) Reserved. (3) No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load. (d)(l )(A) On all highways within this state which are interstate highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; and, except as provided in subparagraph (B) of this paragraph, the maximum overall gross weight in pounds on a group of two or more consecutive axles shall be determined by applying the federal bridge formula. In applying the formula, no lift axle shall be counted as an individual or additional axle when determining the maximum overall gross weight. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the maximum load authorized on any tandem axle shall be 34,000 pounds, and any two consecutive sets of tandem axles may carry a gross load of 34,000 pounds each if the overall distance between the first and last axles of such consecutive sets of tandem axles is 36 feet or more; however, except for vehicles and combinations of vehicles exceeding 55 feet in length, the maximum gross weight authorized on a tandem axle for a vehicle or combination of vehicles carrying a gross weight ofless than 73,280 pounds shall be 40,680 pounds. (2) If at any time federal law authorizes any weight greater than that authorized by this subsection, such greater weight under federal law shall be authorized on the interstate highways within this state. (e) Subject to the provisions of this article, the department shall be authorized, on behalf of the state, to enter into agreements with the United States Secretary of Transportation as provided in Section 127 of Title 23 of the United States Code, relating to the control of vehicle weight and width limitations, which agreements shall exempt certain vehicles from the requirements of subsection (d) of this Code section. The department shall be authorized to take action in the name of the state to comply with the terms of any such agreement and to promulgate any rules and regulations necessary to ensure the department's compliance with federal laws and to provide for the issuance of the special permits required by this Code section. (f) On any public road of a county road system, the maximum total gross weight of a vehicle and load shall not exceed 56,000 pounds unless the vehicle is making a pickup or delivery on such road; except that if a county road is constructed to the same standards as those highways ofthis state which are interstate highways and is authorized as a designated local truck route pursuant to official resolution of the county and approval of the commissioner, the maximum weight limits fur such designated local truck route shall be the same as those for highways in this

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state which are not interstate highways as provided by paragraph (1) of subsection (c) of this Code section.
(g)( 1) The weight limitations provided for in this Code section, except the limitation in subsections (f) and (h) of this Code section, may be exceeded on any public road within this state which is not a interstate highway, or when making a pickup or delivery on any public road of a county road system, without a permit only when the load on any single axle does not exceed 23,000 pounds, the load on any tandem axle does not exceed 46,000 pounds, and the maximum total gross weight of the vehicle and load does not exceed 80,000 pounds when:
(A) Hauling forest products from the forest where cut to the owner's place ofbusiness, plant, plantation, or residence; (B) Hauling live poultry or cotton from a farm to a processing plant; (C) Hauling feed from a feed mill to a furm; (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; (E) Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility; or (F) Hauling concrete that is in a freshly mixed and unhardened state for delivery to a customer located in the same or an adjoining county. No lift axle may be used in computing the maximum total gross weight authorized for any vehicle or load under this paragraph. (2) Any vehicle carrying a load as authorized in this subsection at night shall be equipped with lights clearly visible for a distance of not less than 300 feet from the front and rear of the vehicle. (h) Notwithstanding any provision of this Code section to the contrary, no vehicle or combination of vehicles shall be operated over any bridge with a posted limit which is less than the total gross weight of the vehicle and its load. (i)(l) Any vehicle which can be made to comply with the requirements of this Code section by shifting the load and which is then loaded to comply with this Code section shall not be held to be in violation of this Code section. (2) On all highways within this state which are not interstate highways: (A) Except as provided in subparagraph (B) of this paragraph, for all vehicles, fmes for violations of the total gross weight limitations provided for in subsection (c) of this Code section shall be based on the amount by which the actual weight of the vehicle and load exceeds the allowable maximum weight determined under subsection (c) of this Code section. (B) For vehicles equipped with four axles, fines for violations of the total gross weight limitations provided for in subsection (c) of this Code section shall be based on the amount by which the actual weight of the vehicle and load exceeds 70,000 pounds. U) Except as provided in subsections (t) and (h) of this Code section, weight limits and axle definitions for any bimodal semitrailer, semitrailers, and trailers

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GENERAL ACTS AND RESOLUTIONS, VOL. I

operated on highways and public roads within this state shall be weight limits and axle definitions authorized by federal law governing interstate highways.'

SECTION 3. Part 1 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on public roads generally, is amended by striking subsection (d) of Code Section 32-6-51, relating to the erection, placement, or maintenance of unlawful or unauthorized structures, and inserting in its place the following:
'(d)(1) As used in this subsection, the term: (A) 'Bus shelter' means a shelter or bench located at bus stops for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities or located on county or municipality rights of way for the convenience of residents. (B) 'Commercial advertisement' means a printed or painted sign encouraging or promoting the purchase or use of goods or services but does not include campaign posters, signs, or advertisements prohibited by Code Section 21-2-3.
(2) Bus shelters, including those on which commercial advertisements are placed, may be erected and maintained on the rights of way of public roads subject to the following conditions and requirements:
(A) Any public transit system wishing to erect and maintain a bus shelter on the right of way of a state road shall apply to the department for a permit, and as a condition of the issuance of the permit, the department must approve the bus shelter building plans and the location of the bus shelter on the right of way; provided, however, that such approval is subject to any and all restrictions imposed by Title 23, U.S.C ., and Title 23, Code of Federal Regulations relating to the federal-aid system. This paragraph shall entitle only public transit systems or their designated agents the right to be issued permits under this paragraph; (B) If the bus shelter is to be located on the right of way of a public road other than a state road within a county or municipality, application for permission to erect and maintain such shelter shall be made to the respective county or municipality. Such application shall conform to the county's and municipality's regulations governing the erection and maintenance of such structures. When the county or municipality is served by a public transit agency or authority, the applications for all bus shelters on routes of such agency or authority shall also be forwarded by the applicant to such transit agency or authority and subject to the approval of such agency or authority; and (C) As a condition of issuing a permit for the erection of a bus shelter on the right of way of a state road, the department shall require that the bus shelter shall be properly maintained and that its location shall meet minimum setback requirements as follows:

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(i) Where a curb and gutter are present, there shall be a minimum of four feet clearance from the face of the curb to any portion of the bus shelter or the bus shelter shall be placed at the back of the existing concrete sidewalk; or (ii) Where no curb or gutter is present, the front ofthe bus shelter shall be at least ten feet from the edge of the main traveled roadway. (3) Any bus shelter erected and maintained on the right of way of a public road in violation of paragraph (2) of this subsection or in violation of the conditions of the permit issued by the department or in violation of the conditions of the consent of the county or municipality is declared to be a public nuisance and if it is determined to be a hazard to public safety by the department, county, or municipality, it may be removed or its removal may be ordered by the department or the governing authority of the respective county or municipality. In every case ofremoval of a bus shelter as a hazard to pub lie safety by the department, a county, or a municipality, a good faith attempt shall be made to notify the owner of its removal. In such cases where the department, county, or municipality orders the removal of the bus shelter as a public nuisance, if such a bus shelter is not removed by its owner within 30 days after its owner has been issued a written order of removal by the department or the governing authority of the respective county or municipality, the department or the governing authority of the respective county or municipality may cause the bus shelter to be removed and submit a statement of expenses incurred in the removal to the owner ofthe bus shelter. In the case of a statement of expenses for removal of a shelter on a state road, if payment or arrangement to make payment is not made within 60 days after the receipt of such statement, the department shall certify the amount thereof to the Attorney General for collection. (4) The person to whom a permit has been issued for the erection and maintenance of a bus shelter on the right ofway of a public road or who places such shelter on a public road other than a state road shall at all times assume all risks for the bus shelter and shall indemnifY and hold harmless the State of Georgia, the department, and any county or municipality against all losses or damages resulting solely from the existence ofthe bus shelter. (5) Permits for shelters on state roads shall be issued under this subsection only to cities, counties, or public transportation authorities owning or operating public transportation systems or their designated agents.'

SECTION 4. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on the state highway system, is amended by striking paragraph (16) of Code Section 32-6-71, relating to defmitions regarding signs on the state highway system, and inserting in its place the following:
'(16) 'Primary system' or 'primary highway' means the federal-aid primary system in existence on June 1, 1991, and any highway which is not on such

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system, but which is on the National Highway System, as officially designated or as may hereafter be so designated by the department and approved by the United States Secretary of Transportation pursuant to the provisions of Title 23, Section I03, United States Code:

SECTION 5. Article 8 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of junkyards, is amended by redesignating paragraph (4) of Code Section 32-6-240, relating to definitions applicable to junkyards, as paragraph (5) and inserting a new paragraph (4) to read as follows:
'(4) 'Primary system' or 'primary highway' means the federal-aid primary system in existence on June 1, 1991, and any highway which is not on such system, but which is on theN ational Highway System, as officially designated or as may hereafter be so designated. by the department and approved by the United States Secretary of Transportation pursuant to the provisions of Title 23, Section 103, United States Code.'

SECTION 6. Said article is further amended by striking the introductory language in Code Section 32-6-241 and inserting in its place the following:
'The department is responsible for the control ofjunkyards only on those primary highways that are state roads. For all primary highways it shall be unlawful for any person to establish, operate, or maintain any junkyard, any portion of which is within 1,000 feet of the nearest edge of the right of way of any interstate or federal-aid primary highway, except:.

SECTION 7. Said article is further amended by striking Code Section 32-6-242, relating to screening of junkyards, and inserting in its place the following:
'32-6-242. Any junkyard lawfully in existence on April 6, 1967, which is within 1,000 feet of the nearest edge of the right of way and visible from the main traveled way of any public road on the interstate or primary system, shall, whenever feasible, be screened by the department if such road is on the state highway system, otherwise by the county or municipal government having jurisdiction, so as not to be visible from such public road. Such junkyards may be screened at locations either on the right of way of such public road or on property acquired by the department for that purpose outside such right of way. Whenever the commissioner determines that it is in the best interest of the state, the department may acquire, pursuant to any of the procedures for property acquisition set forth in Article 1 of Chapter 3 of this title, such property or interests therein outside existing public road rights of way as may be necessary to provide adequate screening of such junkyards.'

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SECTION 8. Said article is further amended by striking Code Section 32-6-243, relating to promulgating regulations regarding the screening of junkyards, and inserting in its place the following:
'32-6-243. For any interstate or primary highway on the state highway system, the department may promulgate uniform and reasonable regulations governing the screening or fencing of junkyards, including the materials used in such screening or fencing and the location, construction, and maintenance thereof.'

SECTION 9. Said article is further amended by striking Code Section 32-6-244, relating to the authority of the commissioner to acquire land and remove junkyards, and inserting in its place the following:
'32-6-244. (a) For state roads on the primary system, when the commissioner or, with regard to nonstate roads on the primary system, the principal elected officials of the county or municipality having jurisdiction determines that the topography of the land adjoining such a road will not permit adequate screening of any junkyard lawfully in existence on April 6, 1967, or that such screening would not be economically feasible, the department or the local officials shall have the authority to acquire, pursuant to any of the procedures for property acquisition authorized in Article 1 of Chapter 3 of this title, such interests in lands as may be necessary to secure the relocation, removal, or disposal of such junkyard. The commissioner or the local officials shall determine whether it would be more feasible to relocate, remove, or dispose of the junkyards which cannot be screened, and such determination shall be final and conclusive. (b) All junkyards lawfully in existence on April6, 1967, which do not conform to the requirements of Code Section 32-6-241 and which, in the determination of the commissioner or the principal elected officials of the county or municipality having jurisdiction, cannot be made to conform by screening, shall be required to be removed under this Code section as soon as funds are available for that purpose, provided that the department or the county or municipality having jurisdiction shall not be required to expend any funds for screening or removal under this article unless and until federal-aid matching funds are made available for this purpose.'

SECTION 10. Said article is further amended by striking Code Section 32-6-245, relating to agreements with the United States Secretary of Transportation, and inserting in its place the following:
'32-6-245. The Georgia Department of Transportation is authorized to enter into agreements with the United States Secretary of Transportation, as provided by Title 23 of the United States Code, relating to the control of junkyards in areas adjacent to the

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interstate system and state routes on the primary systems; and the department may take action in the name of the state to comply with the terms of such agreements.'

SECTION 11. Part 1 of Article 1 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to general provisions regarding the Georgia Highway Authority, is amended by striking paragraphs (7) and (12) of Code Section 32-1 0-1, relating to definitions relating to the Georgia Highway Authority, and inserting in their place the following:
'(7) 'County road' means any public road or portion thereof, not located wholly within the boundaries of an incorporated municipality and not now, or as of the particular time of inquiry in the future, part of a state road or urban road as defined in paragraphs (12) and (15), respectively, of this Code section. The term shall include not only such roads as come within this definition on July 1, 197 3, but also such roads, as defmed in this Code section, which may from time to time be planned, laid out, and constructed by the authority pursuant to this article. The fact that a road owned by the authority and leased to the state may, as provided by this article, be declared part of the state highway system shall not destroy its identity as a county road for the purposes of this article, provided that nothing in the definition of 'county road' shall in any manner alter the legal effect of said term which is intended to be synonymous with 'rural road' as used in the 'Georgia Highway Authority Act,' Ga. L. 1967, p. 385, as amended.' '( 12) 'State road' means any public road or portion thereof which is part of the state highway system or The Dwight D. Eisenhower System of Interstate and Defense Highways.'

SECTION 12. This Act shall become effective on July 1, 2005.

SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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RETIREMENT- GEORGIA HOUSING AND FINANCE AUTHORITY; CREDITABLE SERVICE.

No. 116 (Senate Bill No. 161).

AN ACT

To amend Code Section 47-2-98 of the Official Code of Georgia Annotated, relating to creditable service for a member of the Employees" Retirement System of Georgia who was an officer or employee of the Georgia Housing and Finance Authority, so as to authorize the member seeking creditable service to make payment to the board of trustees of such retirement system; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 47-2-98 of the Official Code of Georgia Annotated, relating to creditable service fur a member of the Employees" Retirement System of Georgia who was an officer or employee of the Georgia Housing and Finance Authority, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereofthe following:
'(2) A member subject to this Code section shall have the option to transfer all or a portion of his or her vested interest in the pension plan maintained by the authority prior to the date he or she became a member of this retirement system to satisfy all or a portion of the cost to receive creditable service allowed pursuant to paragraph (1) of this subsection. Any funds transferred pursuant to such option shall be credited to the officer" s or employee" s annuity account established by the retirement system. The member shall be authorized, but not required, to supplement such amount so transferred. The member shall receive such creditable service as the combination of funds so transferred or paid would warrant without creating any additional accrued liability of the retirement system, up to the maximum amount of creditable service allowed by paragraph (1) of this subsection:

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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INSURANCE- CREDIT LIFE INSURANCE; PAYOFF NOTIFICATION.

No. 117 (Senate Bill No. 167).

AN ACT

To amend Code Section 33-31-9 of the Official Code of Georgia Annotated, relating to refunds and credits of credit life insurance premiums, so as to provide that the insured shall notify the credit life insurer upon the early payoff of the indebtedness; to provide for certain notices; to provide for related matters; to provide for legislative intent; 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 33-31-9 of the Official Code of Georgia Annotated, relating to refunds and credits of credit life insurance premiums, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) Each individual policy, notice of proposed insurance, or group certificate of credit life insurance and credit accident and sickness insurance shall provide that, in the event of termination of the insurance prior to the scheduled maturity date of the indebtedness, any refund ofpremium due shall be calculated as of the date the indebtedness terminated and be paid or credited promptly to the person entitled to such refund; provided, however, that the Commissioner shall prescribe a minimum refund and no refund which would be less than such minimum need be made. The formula to be used in computing a refund shall be filed with and approved by the Commissioner. It shall be the obligation of the insured to notify the insurer of the early payoff of the indebtedness which is covered by the insurance. (c.l) Each individual policy, notice ofproposed insurance, or group certificate of credit life insurance and credit accident and sickness insurance issued after this subsection becomes effective shall provide a notice on the face of such policy, notice, or certificate in at least 10 point type that it is the obligation of the insured to notify the insurer of any early payoff of the indebtedness which is covered by the insurance:

SECTION 2. This Act is declaratory of existing law and is only intended to clarify such law. The passage of this Act shall not create any implication that any change in existing law is effected.

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SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

CRIMES -LAW ENFORCEMENT- BRADY LAW REGULATIONS; BACKGROUND CHECKS; CRIMINAL RECORDS; DISCLOSURE AND DISSEMINATION.
No. 118 (Senate Bill No. 175).
AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for the comprehensive revision of certain provisions regarding Brady Law regulations; to require licensed gun manufacturers, importers, and dealers to conduct the National Instant Criminal Background Check; to provide for the transfer of information to the Federal Bureau oflnvestigation with regard to persons involuntarily hospitalized; to provide for exemptions; to provide for a penalty for compromising the security of records; to provide for the regulatory authority of political subdivisions; to amend Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, so as to provide for the transfer of information to the Federal Bureau of Investigation with regard to persons involuntarily hospitalized; to authorize the transfer and dissemination of certain information for purposes of the National Instant Criminal Background Check; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, is amended by striking Part 5 in its entirety and inserting in lieu thereof a new Part 5 to read as follows:

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'Part 5

16-11-170. Reserved.

16-11-171. As used in this part, the term:
(1) 'Center' means the Georgia Crime Information Center within the Georgia Bureau of Investigation. (2) 'Dealer' means any person licensed as a dealer pursuant to 18 U.S.C. Section 921, et seq., or Chapter 16 of Title 43. (3) 'Firearm' means any weapon that is designed to or may readily be converted to expel a projectile by the action of an explosive or the frame or receiver of any such weapon, any firearm muffler or firearm silencer, or any destructive device as defined in 18 U.S.C. Section 92l(a)(3). (4) 'Involuntarily hospitalized' means hospitalized as an inpatient in any mental health facility pursuant to Code Section 37-3-81 or hospitalized as an inpatient in any mental health facility as a re suit of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time ofthe crime pursuant to Part 2 of Article 6 of Title 17. (5) 'NICS' means the National Instant Criminal Background Check System created by the federal 'Brady Handgun Violence Prevention Act' (P. L. No. 103-159).

16-11-172. (a) All transfers or purchases of firearms conducted by a licensed importer, licensed manufacturer, or licensed dealer shall be subject to the NICS. To the extent possible, the center shall provide to the NICS all necessary criminal history information and wanted person records in order to complete an NICS check. (b) The center shall forward to the Federal Bureau of Investigation information concerning persons who have been involuntarily hospitalized as defined in this part for the purpose of completing an NICS check. (c) Any government official who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this part shall be guilty of a felony and fined no less than $5,000.00 and shall be subject to automatic dismissal from his or her employment. (d) The provisions of this part shall not apply to:
( 1) Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898; (2) Any replica of any firearm described in paragraph (1) of this subsection if such replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed

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ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; and (3) Any firearm which is a curio or relic as defined by27 C.F.R. 178.11.

16-11-173. (a)(l) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, state-wide concern. (2) The General Assembly further declares that the lawful design, marketing, manufacture, and sale of firearms and ammunition to the public is not unreasonably dangerous activity and does not constitute a nuisance per se. (b)(l) No county or municipal corporation, by zoning or by ordinance, resolution, or other enactment, shall regulate in any manner gun shows; the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms or components of firearms; firearms dealers; or dealers in firearms components. (2) The authority to bring suit and right to recover against any firearms or ammunition manufacturer, trade association, or dealer by or on behalf of any governmental unit created by or pursuant to an Act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, or injunctive relief resulting from or relating to the lawful design, manufacture, marketing, or sale of firearms or ammunition to the public shall be reserved exclusively to the state. This paragraph shall not prohibit a political subdivision or local government authority from bringing an action against a firearms or ammunition manufacturer or dealer for breach of contract or express warranty as to firearms or ammunition purchased by the political subdivision or local government authority.
(c) A county or municipal corporation may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with such local unit of government. (d) Nothing contained in this Code section shall prohibit municipalities or counties by ordinance, resolution, or other enactment, from requiring the ownership of guns by heads ofhouseholds within the political subdivision. (e) Nothing contained in this Code section shall prohibit municipalities or counties, by ordinance, resolution, or other enactment, from reasonably limiting or prohibiting the discharge of firearms within the boundaries of the municipal corporation or county.'

SECTION 2. Code Section 35-3-34 of the Official Code of Georgia Annotated, relating to disclosure and dissemination of criminal records to private persons and businesses, is amended by striking subsections (d.l) and (e) and inserting in lieu thereof new subsections (d.l), (e), and (t) to read as follows:
'( d.l) Reserved.'

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'(e)(1) The Georgia Crime Information Center shall be authorized to provide criminal history records, wanted person records, and involuntary hospitalization records information to the Federal Bureau of Investigation in conjunction with the National Instant Criminal Background Check System in accordance with the federal 'Brady Handgun Violence Prevention Act.' (2) The records of the Georgia Crime Information Center shall include information as to whether a person has been involuntarily hospitalized. Notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the Georgia Crime Information Center shall be provided such infOrmation and no other mental health information from the involuntary hospitalization records of the probate courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the Probate Judges Training Council and the Georgia Bureau of Investigation to preserve the confidentiality of patients' rights in all other respects. Further, notwithstanding any other provisions of law and in order to carry out the provisions of this Code section and Code Section 16-11-172, the center shall be provided information as to whether a person has been adjudicated mentally incompetent to stand trial or not guilty by reason of insanity at the time of the crime, has been involuntarily hospitalized, or both from the records of the clerks of the superior courts concerning persons involuntarily hospitalized after March 22, 1995, in a manner agreed upon by the Council of Superior Court Clerks of Georgia and the Georgia Bureau of Investigation to preserve the confidentiality of patients' rights in all other respects. After five years have elapsed from the date that a person's involuntary hospitalization information has been received by the Georgia Crime Information Center, the center shall purge its records of such information as soon as practicable and in any event purge such records within 30 days after the expiration ofsuch five-year period. (f) The council is empowered to adopt rules, regulations, and forms necessary to implement this Code section. The council shall promulgate regulations to ensure the identity, confidentiality, and security of all records and data provided in accordance with this Code section.'

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

Approved May 2, 2005.

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INSURANCE- POLICY OR CERTIFICATE DELIVERY.

No. 119 (Senate Bill No. 166).

AN ACT

To amend Code Section 33-31-7 of the Official Code of Georgia Annotated, relating to issuance of policy or certificate of credit life insurance, so as to provide that the insurer shall deliver the policy or certificate to the insured within 60 days after the indebtedness is incurred; 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 33-31-7 of the Official Code of Georgia Annotated, relating to issuance of policy or certificate of credit life insurance, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows:
'(d) If the individual policy or group certificate of insurance is not delivered to the debtor at the time the indebtedness is incurred and if an identifiable charge is made to him or her for credit life insurance or credit accident and sickness insurance, a copy ofthe application for the policy signed by the debtor or a notice of proposed insurance setting forth the name and home office address of the insurer, the name or names of the debtor, the rate or amount of premium separately in connection with credit life insurance and credit accident and sickness insurance coverage, and a brief description of the coverage provided shall be delivered to the debtor at the time the indebtedness is incurred. The copy of the application or the notice of proposed insurance shall refer exclusively to insurance coverage and shall be separate and apart from the loan, sale, or other credit statement of account, instrument, or agreement unless the information required by this subsection is prominently set forth in the application or the notice ofproposed insurance. Upon acceptance of the insurance and within 60 days of the date upon which the indebtedness is incurred, the insurer shall cause the individual policy or group certificate of insurance to be delivered to the debtor. The application or notice of proposed insurance shall state when the insurance shall become effective, which shall be determined as provided in Code Section 33-31-5.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 2, 2005.

HEALTH- ELECTRONIC RECORDS.
No. 120 (Senate Bill No. 204).
AN ACT
To amend Chapter 33 of Title 31 of the Official Code of Georgia Annotated, relating to health records, so as to provide that any provider may create, maintain, transmit, receive, and store records in an electronic format; to provide conditions; to provide for legal rights and responsibilities; to provide for tangible copies of records; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 33 ofTitle 31 of the Official Code of Georgia Annotated, relating to health records, is amended by inserting at the end thereof the following:
'31-33-8. (a) Notwithstanding any other provision of the law to the contrary, any provider may, in its sole discretion, create, maintain, transmit, receive, and store records in an electronic format within the meaning of Code Section 10-12-3 and may, in its sole discretion, temporarily or permanently convert records into an electronic format. (b) A provider shall not be required to maintain separate tangible copies of electronically stored records. (c) The other provisions of this chapter shall apply to electronic records to the same extent as those provisions apply to tangible records. This Code section is subject to all applicable federal laws governing the security and confidentiality of a patient's personal health information. (d) A tangible copy of a record reproduced from an electronically stored record shall be considered an original for purposes of providing copies to patients or other authorized parties and for introduction of the records into evidence in administrative or court proceedings. (e) Except as provided otherwise under federal law, upon receiving a request for a copy of a record from a patient or an authorized person under Code Section 31-33-3, a provider shall provide copies of the record in either tangible or electronically stored form.'

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SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

FIRE PROTECTION- AIRPORT FIREFIGHTERS.
No. 121 (Senate Bill No. 308).
AN ACT
To amend Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, so as to provide definitions; to provide for certain powers and functions of the Georgia Firefighter Standards and Training Council with regard to airport firefighters; to provide for certain training for airport firefighters; to repeal Article 2 of such chapter, relating to airport firefighters; to provide fur related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to firefighter standards and training, is amended by striking Code Section 25-4-2, relating to definitions, and inserting in lieu thereof a new Code Section 25-4-2 to read as follows:
'25-4-2. As used in this chapter, the term:
(1) 'Airport' means any airport located in this state which has regularly scheduled commercial air carrier service or commuter airline service as required for certification under Section 139.49 of the Federal Aviation Administration regulations. (2) 'Airport firefighter' means any person assigned to any airport located in this state who performs the duties ofaircraft fire fighting or rescue. (3) 'Candidate' means a prospective firefighter who has not yet been certified by the council as having met the requirements of this chapter. (4) 'Certified firefighter' or 'state certified firefighter' means any firefighter who has been certified by the council as having met the requirements of this chapter. (5) 'Council' means the Georgia Firefighter Standards and Training Council. (6) 'Firefighter' means a trained individual who is a full-time employee, part-time employee, or volunteer for a municipal, county, state, or private incorporated fire department and as such has duties of responding to mitigate

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a variety of emergency and nonemergency situations where life, property, or the environment is at risk, which may include without limitation tire suppression; fire prevention activities; emergency medical services; hazardous materials response and preparedness; technical rescue operations; search and rescue; disaster management and preparedness; community service activities; response to civil disturbances and terrorism incidents; nonemergency functions including training, preplanning, communications, maintenance, and physical conditioning; and other related emergency and nonemergency duties as may be assigned or required; provided, however, that a firefighter's assignments may vary based on geographic, climatic, and demographic conditions or other factors including training, experience, and ability. (7) 'Full-time' means employed fur compensation on a basis of at least 40 hours per week by any municipal, county, state, or private incorporated tire department. (8) 'Part-time' means employed for compensation on less than a full-time basis by any municipal, county, state, or private incorporated fire department. (9) 'Volunteer' means not employed for compensation by but appointed and regularly enrolled to serve as a firefighter for any municipal, county, state, or private incorporated fire department."

SECTION 2. Said chapter is further amended by striking Code Section 25-4-7, relating to the functions and powers of the Georgia Firefighter Standards and Training Council, and inserting in lieu thereof a new Code Section 25-4-7 to read as follows:
'25-4-7. The council is vested with the following functions and powers:
(1) To promulgate rules and regulations for the administration of the council; (2) To provide rules of procedure for its internal management and control; (3) To enter into contracts or do such things as may be necessary and incidental to the administration of its authority pursuant to this chapter; (4) To establish uniform minimum standards for the employment and training of full-time, part-time, or volunteer firefighters, airport firefighters, tire and life safety educators, tire inspectors, and tire investigators, including qualifications, certifications, recertifications, decertifications, and requirements, which are consistent with this chapter; (5) To establish minimum curriculum requirements for schools operated by or for any employing agency for the specific purpose of training firefighter recruits or full-time, part-time, or volunteer firefighters, airport firefighters, tire and life safety educators, tire inspectors, and tire investigators; (6) To approve institutions and facilities for school operation by or for any employing agency for the specific purpose of training firefighters and firefighter recruits, including airport firefighters; (7) To make or support studies on any aspect of fire-fighting education and training or recruitment; (8) To make recommendations concerning any matter within its purview;

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(9) To establish basic firefighter training requirements fur full-time, part-time, and volunteer firefighters, including airport firefighters; (1 0) To certify any person satisfactorily complying with the training program established in accordance with paragraph (9) of this Code section and the qualifications for employment covered in this chapter; and (II) To issue a certificate to any person who has received training in another state or who has received training as a federal firefighter by the United States government, when the council has determined that the training was at least equivalent to that required by the council for approved firefighter education and training programs in this state and when the person has satisfactorily complied with all other requirements of this chapter.'

SECTION 3. Said chapter is further amended by striking Code Section 25-4-9, relating to basic firefighter training courses, and inserting in lieu thereof a new Code Section 25-4-9 to read as follows:
'25-4-9. (a) Full-time, part-time, and volunteer firefighters, including airport firefighters, shall successfully complete a basic training course. The council shall determine the course content, number of hours, and all other matters relative to basic firefighter training, including airport rescue firefighter training. Upon satisfactory completion of such basic training, a firefighter shall be issued a certificate of completion evidencing the same. Each firefighter shall be required to successfully complete such basic training course within 12 months after being employed or appointed as a firefighter or, in the case of airport firefighters, within such time period as the council may prescribe by rule or regulation. (b) A firefighter certified by the council may, upon termination of employment from any fire department and upon agreement with a subsequently employing fire department, transfer such certification to the employing fire department. (c) Notwithstanding the provisions of subsection (b) of this Code section, any local fire department may refuse to accept the transfer of previously acquired certification and may require any newly employed firefighter to complete the basic training course provided for in subsection (a) of this Code section.'

SECTION 4. Said chapter is further amended by repealing Article 2, relating to airport firefighters, in its entirety and by deleting the Article 1 designation.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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COMMERCE - TOBACCO LEAF GRADING; REPEAL.

No. 122 (Senate Bill No. 290).

AN ACT

To amend Part 1 of Article 3 of Chapter 4 of Title 10, relating to leaf tobacco sales and storage, so as to repeal Code Section 10-4-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable; 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 4 of Title 10, relating to leaf tobacco sales and storage, is amended by repealing and reserving Code Section 10-4-114.1, relating to grading of leaf tobacco by the Agriculture Marketing Service and alternatives if graders are unavailable, which reads as follows:
"10-4-114.1. All tobacco purchased or sold in Georgia shall be graded by the Agriculture Marketing Service of the United States Department of Agriculture. Provided, however, in the event graders from the United States Department of Agriculture are not available and said department so certifies in writing to the Georgia Commissioner of Agriculture that graders are unavailable, then, in that event, grading shall be done by graders approved by the Commissioner of Agriculture."

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

COMMERCE- SUNDAY THEATER OR EVENT PERMITS; REPEAL.
No. 123 (Senate Bill No. 287).
AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and trade practices, so as to repeal provisions which provide that local government permits are required for the operation of movie theaters and athletic

GEORGIA LAWS 2005 SESSION

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events to be held on Sundays; 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 l of Title I 0 of the 0 fficial Code of Georgia Annotated, relating to selling and trade practices, is amended by repealing in its entirety Article 19, relating to local government permits for certain Sunday events and the manner of permitting of operation of movie theaters and athletic events to be held on Sundays, and by designating said article as reserved.

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

EDUCATION- PUBLIC OFFICERS- HEALTH INSURANCE FUND COMBINATIONS;
PREMIUMS; EMPLOYER CONTRIBUTIONS; BENEFITS.
No. 124 (Senate Bill No. 284).
AN ACT
To amend provisions of the Official Code of Georgia Annotated relating to health care; to amend Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans, so as to provide that the commissioner of community health may combine the health insurance funds for public school teachers and public school employees with other health insurance funds for public employees; to provide for the payment of health insurance premiums by certain retired employees; to provide for the method of determining the employer contribution to the fund; to provide for suspension of benefits if the employer contribution is not paid in full; to amend Article l of Chapter 18 of Title 45 ofthe Official Code of Georgia Annotated, relating to the health insurance fund for public employees, so as to provide that the commissioner of community health may combine the health insurance fund for public employees with other health insurance funds for public employees; to provide for the payment of health insurance premiums by certain retired employees; to provide for the method of determining the employer contribution to the fund; to provide for suspension of benefits if the employer contribution is not paid in full; to amend Chapter 18 of Title 45, relating to employees' insurance and benefits plans, so as to create a trust

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fund to provide for retiree post-employment health care benefits; to provide for definitions; to provide for the powers and duties of the board and commissioner of community health; to provide for actuarial services; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans, is amended by adding a new subsection (c) to Code Section 20-2-891, relating to health insurance fund for public school teachers, to read as follows:
'(c) Notwithstanding any provision of law to the contrary, the commissioner may combine the fund provided for in this Code section with the funds provided for in Code Section20-2-918 and Code Section45-18-12.'

SECTION 2. Said part is further amended by striking subsection (b) of Code Section 20-2-892, relating to contributions by employees, state, and local employers, and inserting in lieu thereofa new subsection (b) to read as follows:
'(b) As the local employer's share, the local employer shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board and, in addition thereto, an amount to be established by the board to defray the cost of administration. The board shall determine whether such portion shall be determined based upon a percentage of the total outlay for the salaries of teachers employed by the local employer or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds. If a local employer fails to remit the employer's share as calculated by the commissioner, as provided in this Code section, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty ofthe State Board of Education to withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required.'

SECTION 3. Said part is further amended by striking subsection (a) of Code Section 20-2-915, relating to coverage for retiring and retired public school and certain community college employees and dependents, and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) The contract or contracts shall provide for health insurance for retiring public school employees and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under

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which an employee or retiring employee may elect to participate in or withdraw from the health insurance plan; provided, however, that any such persons who are eligible to receive a benefit under Chapter 3 or 4 of Title 47 shall be entitled to continue health benefit coverage from active service by authorizing deductions from the retiree's retirement benefit or by paying a premium directly to the board as provided by the rules and regulations of the board. For retirees who pay directly, the participation rate shall be the same as the rate charged to other retired direct payees. Surviving spouses of direct paying retirees shall be eligible to continue coverage at the death of the retiree under the same conditions as the retiree but shall not be eligible to include additional persons in the contract after the retiree's death. The board may limit the choices of direct paying retirees to the level of coverage supported by the employer contribution authorized under this Code section.'

SECTION 4. Said part is further amended by striking Code Section 20-2-918, relating to health insurance fund for public school employees, and inserting in lieu thereof a new Code Section20-2-918 to read as follows:
'20-2-918. (a) There is created a health insurance fund for public school employees. The fund shall be available without fiscal year limitations for premiums, subscription charges, benefits, and administration costs. The amounts contributed by the state or from federal funds pursuant to this subpart shall be credited to such health insurance fund. All other income, including the income derived from dividends, premium rate adjustments, or other refunds under any such contract or contracts, shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The commissioner shall be the custodian of such health insurance fund and shall be responsible under a properly approved bond for all moneys coming into the fund and paid out of the fund as may be required to be paid to any contracting qualified entity under any contract entered into pursuant to this subpart and to cover administrative costs. (b) Notwithstanding any provision of law to the contrary, the commissioner may combine the fund provided for in this Code section with the funds provided for in Code Section 20-2-891 and Code Section 45-18-12.'

SECTION 5. Said part is further amended by striking subsection (b) of Code Section 20-2-920, relating to withholding or deducting employees' contributions, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The Department of Education and local school systems shall contribute to the health insurance fund such portion of the costs of such benefits as may be established by the board, to maintain the employee contributions consistent with other health insurance plans administered by the board. In the event that the

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commissioner shall determine that a local employer has failed to contribute the full amount of such portion, as calculated by the commissioner, it shall be the duty of the commissioner to notifY the State Board of Education of such failure and it shall be the duty of the State Board of Education to withhold from the employer which has failed to comply all appropriations allotted to such employer until such employer has fully complied with the provisions of this Code section by making remittance of the sums required.'

SECTION 6. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the health insurance fund fur public employees, is amended by striking Code Section 45-18-12, relating to creation of health insurance fund, and inserting in lieu thereof a new Code Section 45-18-12 to read as follows:
'45-18-12. (a) There is created a health insurance fund which shall be available without fiscal year limitations for premium, subscription charge, benefits, and administration costs. The amounts withheld from employees and retired employees under this article, all amounts contributed by the state or from federal funds to such health insurance fund, and all amounts contributed by any state authority pursuant to this article shall be credited to such health insurance fund. All other income, as well as the income derived from any dividends, premium rate adjustments, or other refunds under any contract or contracts, shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The commissioner of community health shall be executive officer of the Board of Community Health for the administration of this article and custodian of such health insurance fund and shall be responsible under a properly approved bond for all moneys coming into said fund and paid out of said fund as may be required to be paid to any contracting corporation under any contract entered into pursuant to this article and to cover administrative costs. (b) Notwithstanding any provision of law to the contrary, the commissioner may combine the fund provided for in this Code section with the funds provided for in Code Section 20-2-891 and Code Section 20-2-918.'

SECTION 7. Said article is further amended by striking Code Section 45-18-14, relating to deductions from compensation and benefit payments of share of cost of coverage under plan of employees, and inserting in lieu thereof a new Code Section 45-18-14 to read as follows:
'45-18-14. (a) During any period in which an employee is covered under this article prior to the date of his retirement, there shall be withheld from each salary payment or other compensation of such employee, as his share oPthe cost of coverage under this plan, such portion of the premium or subscription charges under the terms of

GEORGIA LAWS 2005 SESSION

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any contract or contracts issued in accordance with this article as may be established by the board. During any month in which benefits are being paid by the Employees' Retirement System of Georgia to an individual so covered under this program, contributions in the amounts prescribed by the board shall be deducted from such payments with the consent of the recipient. The various departments, boards, and agencies of the state government shall contribute to the health insurance fund such portions of the cost of such benefits as may be established by the board and the Governor as funds become available in each department, board, and agency, in addition to an amount to be established by the board to defray the cost of administration and the state's portion of the cost of benefits payable for annuitants. The legislative fiscal officer shall contribute to the health insurance fund as an employer payment for and on behalf of all members of the General Assembly and its administrative and clerical personnel. The Department of Administrative Services shall contribute to the fund as an employer payment for and on behalf of district attorneys, assistant district attorneys appointed pursuant to Code Section 15-18-14, and secretaries and law clerks of the superior courts of the state and secretaries employed by district attorneys. The amount of such contributions shall be such portions of the costs of such benefits as may be established by the board; and, in addition thereto, an amount to be established by the board shall be contributed to defray the costs of administration. The board shall determine whether such employer portion shall be determined based upon a percentage of the total outlay for personal services or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds. (b) If an employee has been eligible for coverage under the state health insurance plan for a period of ten years and is discharged from employment and the discharge is under appeal to the State Personnel Board, such employee shall be entitled to continue coverage by paying the employee contribution under the health insurance plan until the State Personnel Board has rendered a decision or for a period of six months, whichever is less."

SECTION 8. Chapter 18 of Title 45, relating to employees' insurance and benefits plans, is amended by adding a new Article 6 to read as follows:

'ARTICLE 6

45-18-100. As used in this article, the term:
( 1) 'Actuarial accrued liability' means that portion, as determined by a particular actuarial cost method, of the actuarial present value of fund obligations and administrative expenses which is not provided for by future normal costs. (2) 'Actuarial assumptions' means assumptions regarding the occurrence of future events affecting costs of the fund such as mortality, withdrawal,

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GENERAL ACTS AND RESOLUTIONS, VOL. I

disability, and retirement; changes in compensation and offered post-employment benefits; rates of investment earnings and asset appreciation or depreciation; procedures used to determine the actuarial value of assets; and other such relevant items. (3) 'Actuarial cost method' means a method for determining the actuarial present value of the obligations and administrative expenses of the fund and fur developing an actuarially equivalent allocation of such value to time periods, usually in the form of a normal cost and an actuarial accrued liability. Acceptable actuarial methods are the aggregate, attained age, entry age, frozen attained age, frozen entry age, and projected unit credit methods. (4) 'Actuarial present value of total projected benefits' means the present value, at the valuation date, of the cost to finance benefits payable in the future, discounted to reflect the expected effects of the time value of money and the probability of payment. (5) 'Actuarial valuation' means the determination, as of a valuation date, of the normal cost, actuarial accrued liability, actuarial value of assets, and related actuarial present values for the fund. (6) 'Actuarially sound' means that calculated contributions to the fund are sufficient to pay the full actuarial cost of the fund. The full actuarial cost includes both the normal cost of providing for fund obligations as they accrue in the future and the cost of amortizing the unfunded actuarial accrued liability over a period of no more than 30 years. (7) 'Administrative expenses' means all expenses incurred in the operation of the fund, including all investment expenses. (8) 'Annual required contribution' means the amount determined in accordance with requirements of Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (9) 'Board' means the Board of Community Health. (10) 'Covered health care expenses' means all actual health care expenses paid by the health plan on behalf of fund beneficiaries. Actual health care expenses include claims payments to providers and premiums paid to intermediary entities and health care providers by the health plan. (11) 'Department' means the Department of Community Health. (12) 'Eligible to participate' means employees of employers who are participating in the health plan and those employees of employers who qualify to participate in the health plan but choose not to do so. (13) 'Employer' means the State of Georgia; the departments, agencies, or institutions of the state; and any political subdivision of the state that employs persons who are eligible to participate in the health plan. (14) 'Fund' means the Georgia Retiree Health Benefit Fund established under this article. ( 15) 'Fund beneficiaries' means all persons receiving post-employment health care benefits through the health plan.

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(16) 'Fund participants' means employees of an employer who are eligible to participate in the health plan. (17) 'Health plan' means the state employees' health insurance plan established under Article 1 of this chapter, the health insurance plan for public school teachers established under Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, and the health insurance plan for public school employees established under Subpart 2 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated. (18) 'Normal cost' means that portion of the actuarial present value of the fund obligations and expenses which is allocated to a valuation year by the actuarial cost method used for the fund. ( 19) 'Obligations' means the administrative expenses of the fund and the cost of covered health care expenses incurred on behalf of fund beneficiaries less any amounts received by or on behalf of fund beneficiaries. (20) 'Retirement plan' means any retirement or pension plan or any other plan or program which exists on July 1, 2006, or which is created or established on or after that date, and which is maintained by an employer or maintained pursuant to law or other authority of an employer for the purpose of paying retirement benefits to fund beneficiaries. The term shall also include any plan or program that creates a retired position, including, but not limited to, emeritus positions, which provides a salary for such position in lieu of a retirement benefit. The term shall also include a plan that provides for an individual account for each participant and for benefits determined solely upon the amounts contributed by the employer and the participant to the participant's account and any income, expenses, gains, and losses. (21) 'State plan for other post-employment benefits' means the State of Georgia fiscal funding plan for retiree post-employment health care benefits as it relates to Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (22) 'Unfunded actuarial accrued liability' means for any actuarial valuation the excess of the actuarial accrued liability over the actuarial value of the assets of the fund under an actuarial cost method utilized by the fund for funding purposes.

45-18-101. (a) There is created the Georgia Retiree Health Benefit Fund to provide for the employer costs of retiree post-employment health insurance benefits. (b) The fund shall be available without fiscal year limitations for covered health care expenses and administration costs. All employer contributions, appropriations, earnings, and reserves for the payment of obligations under this article shall be credited to such fund. The amounts remaining in such fund, if any, after such health care expenses and administration costs have been paid shall be retained in such fund as a special reserve fur adverse fluctuation. All assets

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GENERAL ACTS AND RESOLUTIONS, VOL. I

of the fund shall be used solely for the payment of fund obligations and for no other purpose.

45-18-102. (a) Responsibility for the proper operation of the fund is vested in the department. (b) The board shall adopt actuarial assumptions as it deems necessary and prudent. (c) The board shall determine the minimum annual required contribution rates sufficient to maintain the fund in accordance with the state plan for other post-employment benefits. (d) The board may adopt any rules and regulations that it finds necessary to properly administer the fund. (e) The department shall furnish reports to the board at each of the board's regularly scheduled meetings for the board's review. The reports shall contain the most recent information reasonably available to the department reflecting the obligations of the fund, earnings on investments, and such other information as the board deems necessary and appropriate. (t) The commissioner of community health, as executive officer of the board, shall employ such personnel as may be needed to carry out the provisions of this article and such personnel shall be employees of the Department of Community Health. The pro rata share of the costs of operating the Department of Community Health in the manner prescribed by law shall be a part of the administrative costs ofthe fund. (g) The department may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this article. (h) The department shall contract with the Division oflnvestment Services ofthe Teachers Retirement System of Georgia and the Employees' Retirement System of Georgia for any necessary services with respect to fund investments. (i) The department shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applicable to the fund. U) The department shall collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund. (k) The department shall prepare an annual report of fund activities. Such reports shall include, but not be limited to, audited financial statements. (I) Notwithstanding any other provision of law to the contrary, the department shall be entitled to any information that it deems necessary and appropriate from a retirement system in order that the provisions of Code Section 45-18-103 may be carried out.

45-18-103. (a) The actuary employed or retained by the department shall provide technical advice to the department and to the board regarding the operation of the fund.

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(b) Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values fur the state plan for other post-employment benefits.

45-18-104. (a) The department shall have control over the fund established by this chapter. The obligations provided for in this chapter and all administrative expenses shall be paid from the fund. The department may expend moneys from the fund fur any purpose authorized by this chapter. (b) The department shall have full power to invest and reinvest its assets, subject to all of the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 4 7, the 'Public Retirement Systems Investment Authority Law.' Subject to such terms, conditions, limitations, and restrictions, the department shall have full power to hold, purchase, sell, assign, transfer, and dispose of any securities and investments in which any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund. (c) Except as otherwise provided in this chapter, no member of the board or employee of the department shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, directly or indirectly, except to make such payments as may be authorized by the board or by the commissioner of community health as the executive officer of the board in accordance with this article.

45-18-105. (a) The board shall annually determine the mm1mum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43, or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund. (b) The board may annually establish employer contribution rates in accordance with the state plan for other post-employment benefits. (c) It shall be the responsibility of employers to make contributions to the fund in accordance with the employer contribution rates established by the board.'

SECTION 9. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

CONSERVATION- SUBMERGED CULTURAL RESOURCES; DEADHEAD LOGGING.

No. 125 (Senate Bill No. 283).

AN ACT

To amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract fur investigation, survey, or recovery operations and renewal and revocation ofpermits; to provide that the Department of Natural Resources shall establish a program to authorize deadhead logging operations in certain locations and under certain conditions; to provide for administration of such a program; to define certain terms; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, is amended in Code Section 12-3-82, relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits, by adding a new subsection to read as follows:
'(f) This Code section shall not apply to deadhead logs, which shall be subject to the provisions of Code Section 12-3-82 .I. This subsection shall stand repealed on January 1, 2008.'

SECTION 2. Said part is further amended by adding a new Code section to read as follows:
'12-3-82.1. (a) As used in this Code section, the term:
( 1) 'Deadhead logs' means logs that were commercially harvested from forests in this state during the nineteenth or twentieth century and that sank or were sunken in a river either while in the process of being floated to mill or market or intentionally for storage. (2) 'River' means a navigable part of the Altamaha or Flint River only; provided, however, that such term does not include any segment of a stream of water which segment is a boundary of the State of Georgia as described in Article 1 of Chapter 2 of Title 50, nor does such term include any other parts or tributaries of the Altamaha or Flint Rivers or any part ofany other river. (b) The department shall establish a program for the granting, renewal, and revocation of exclusive permits for investigation, survey, or recovery of deadhead logs from particular segments of rivers, any such segment to be two river miles

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in length. Except as otherwise provided by subsection (i) of this Code section, the provisions for disposition of surplus property under Article 4 of Chapter 5 of Title 50 shall not apply to disposition of deadhead logs recovered pursuant to permits issued under this Code section. (c) Upon the establishment of such program, any person desiring to conduct any deadhead logs recovery operation in a river shall first make application to the department for a permit to conduct such operation in a specific location. The applicant shall submit a plan outlining the specific river segment, objectives, scope, and methods of recovery of deadhead logs. (d) Prior to granting any application for a permit under this Code section, the department shall conduct a prerecovery assessment of the proposed recovery site. The department may specify the scope of studies that need to be conducted in specific areas where state or federal endangered species may be present, where other submerged cultural resources may be found, to investigate wildlife habitat or outdoor recreation related issues, or to address other scientific or archaeological issues. The department's employee or agent conducting such assessment shall be accompanied by the applicant or a designated representative thereof. During such assessment, habitat, bank stability, boat ramp conditions, and other relative factors shall be noted, and any areas where recovery of deadhead logs is specifically restricted shall be mapped or flagged on site.
(e)(1) If the department determines that the public interest, including without limitation public safety, water quality, wildlife and wildlife habitat, commercial and recreational fisheries, state and federal threatened and endangered species, land use, effects on stream bank property, and other submerged cultural resources, may be adequately protected while allowing the operation for which a permit is sought, the department may grant an annual permit for such operation, which shall grant the permittee exclusive rights for such purposes for a specific two-mile segment of a river. Multiple, noncontiguous permits, each separated by at least one two-mile river segment, may be issued to the same applicant. (2) Any such permit shall be conditioned upon compliance with such terms and conditions, including days, times, places and methods, as the department deems appropriate for the protection of the public interest, including without limitation such terms and conditions as are relative to the protection of the pub lie safety and water quality, wildlife and wildlife habitat, commercial and recreational fisheries, state and federal threatened and endangered species, land use, effects on stream bank property, protection of public boat landings or other public assets, and the preservation and protection of other submerged cultural resources. (3) No permit issued under this Code section for the investigation, survey, or recovery of deadhead logs shall authorize the permittee to retain any other submerged cultural resources that are disturbed, located, or incidentally recovered. (f) Any person to whom a permit is issued under this Code section shall: (1) Prior to issuance of the permit:

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(A) Pay an annual permit fee of$10,000.00 for each two-mile segment of a river. Revenues derived from such fees shall be paid into the general treasury in accordance with Code Section 45-12-92; and (B) Post a bond with the commissioner in the furm of government securities, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $50,000.00 per permitted river segment. If the applicant does not comply with this part, rules and regulations ofthe board, or the conditions of the permit after issuance, the commissioner may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to repair or stabilize the site of the damage arising from the deadhead logs recovery activity and bring it into compliance. Upon amendment of a permit as provided in paragraph (2) of subsection (h) of this Code section, a new or amended bond shall be posted to cover the amended conditions of the permit; (2) Notify the department on the last state business day of each week ofwhere and when such recovery operations will occur during the fullowing calendar week; (3) Prominently post and maintain during the recovery operation signs near the recovery site, either on buoys or on the recovery boat or boats, to inform the pub lie that the recovery operation is authorized. Such signs shall include the permit number and the telephone number of the appropriate department inspector; and (4) Keep a copy of the permit on the recovery boat or boats at all times during operations. (g)(l) The department shall provide for periodic inspection of ongoing operations to determine compliance with the requirements of this part, rules and regulations of the board, and permit conditions. (2) The department is authorized to contract with any person for the investigation, survey, protection, preservation, or recovery of other submerged cultural resources on such terms and conditions as the department deems appropriate. (h)( 1) Permits may be renewed upon or prior to expiration upon such terms and conditions as the department deems appropriate and payment of the annual permit fees. (2) Permits may also be amended by the department upon discovery of previously unknown or nondisclosed fucts that warrant additional conditions or terms of the permit for the protection of the public interest, including without limitation such terms and conditions relative to the protection of the public safety and water quality, wildlife and wildlife habitat, commercial and recreational fisheries, state and federal threatened and endangered species, land use, effects on stream bank property, protection of public boat landings or other public assets, and the preservation and protection of other submerged cultural resources. (3) A permit may be revoked by the department upon a determination by the department that the permittee has violated this part, any rule or regulation of

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the board, or any term or condition of its permit. Any determination to amend, revoke, or deny a permit or to deny the renewal of a permit may be administratively and judicially reviewed in the manner provided in subsection (e) ofCode Section 12-3-52. (i) The state shall retain title to any deadhead logs recovered pursuant to a permit issued under this Code section until such time as the permittee has paid adequate consideration to the department for such recovered deadhead logs, which consideration shall be in addition to the annual permit fee. The sale price rate or rates for deadhead logs shall be established by the board by rule or regulation. If the permittee fails or refuses to pay to the department the amount due as consideration within 60 days of recovery, the recovered deadhead logs may be disposed of by the department pursuant to the provisions for disposition of surplus property under Article 4 ofChapter 5 ofTitle 50. (j) The provisions of Code Section 45-12-92 notwithstanding, the department is authorized to retain all funds received as consideration for sales of recovered deadhead logs under subsection (i) of this Code section fur use in administration of the program established under this Code section; provided, however, that any such funds not expended for such purpose in the fiscal year in which they are generated shall be deposited in the state treasury. (k) This Code section shall stand repealed on January 1, 2008.'

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

Approved May 2, 2005.

CRIMES - PEN REGISTER OR TRAP AND TRACE DEVICES.
No. 126 (Senate Bill No. 269).
AN ACT
To amend Code Section 16-11-64.1 of the Official Code of Georgia Annotated, relating to application and issuance of order authorizing installation and use of pen register or trap and trace device, so as to provide that the district attorney having jurisdiction over the prosecution of the crime under investigation may apply for or extend an order authorizing the installation and use of a pen register or trap and trace device; to provide that certain superior court judges may authorize such use; to provide for related matters; 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. Code Section 16-11-64.1 of the Official Code of Georgia Annotated, relating to application and issuance of order authorizing installation and use of pen register or trap and trace device, is amended by striking the Code section and inserting in lieu thereof a new Code Section 16-11-64.1 to read as follows:
'16-11-64.1. Any district attorney having jurisdiction over the prosecution of the crime under investigation or the Attorney General is authorized to make application for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device to a judge of the superior court of the same judicial circuit as the District Attorney, or, in the case of the Attorney General, in any judicial circuit; and said court is authorized to enter an order authorizing the use of a pen register or a trap and trace device, to the extent the same is consistent with and permitted by the laws of the United States:

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 2, 2005.

MOTOR VEHICLES -DISABLED PARKING PERMITS; ANNUAL RENEWAL; USE.
No. 127 (Senate Bill No. 267).
AN ACT
To amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide for annual renewal of certain parking permits for disabled persons; to provide for the certain specifications for such permits; to require that the person with the disability be the operator of or a passenger in the vehicle when such permit is being used; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, is amended by striking Code Section 40-6-222, relating to parking permits for persons with disabilities, and inserting in lieu thereof a new Code Section 40-6-222 to read as follows:
'40-6-222. (a) The Department of Motor Vehicle Safety shall issue parking permits for persons with disabilities at every place where it issue.s drivers' licenses. The department shall also receive applications for and issue parking permits for persons with disabilities by mail and shall by regulation require such proof of disability or incapacity as is necessary to issue such permits by mail. Permits shall be in such form as the department prescribes but shall be of sufficient size and sufficiently distinctively marked to be easily visible when placed on or affixed to the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle. Permits shall be made of plastic or heavyweight cardboard and shall be of sufficient quality to ensure that the coloring of the permit and the ink used thereon will resist fading for a period of at least two years. Permits shall be issued to individuals, and the name of the individual and an identification number shall appear on the permit. The individual to whom a permit is issued may use the permit for any vehicle he or she is operating or in which he or she is a passenger. Permits shall also be issued to institutions when the primary purpose of a vehicle operated by the institution is to transport individuals with disabilities. The name of the institution, the license number of the particular vehicle, and an identification number shall appear on the permit. The institution may use such permit only for a vehicle which is operated by the institution and which is used primarily to transport individuals with disabilities. (b) The department shall issue a temporary permit to any temporarily disabled person upon presentation of an affidavit of a practitioner of the healing arts stating that such person is a temporarily disabled person, the specific disability that limits or impairs the 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 prominently on its face an expiration date the same as the date specified by the physician for the likely termination of the disability, which date shall not be more than 180 days after the date the permit is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard. (c) The department shall issue a permanent permit to any person who is obviously permanently disabled and to any other permanently disabled person upon presentation of an affidavit of a practitioner of the healing arts stating that such person is a permanently disabled person. The affidavit shall further state the specific disability that limits or impairs the person's ability to walk or that he or

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she is a person with disabilities as specified in subparagraph (G) ofparagraph (5) of Code Section 40-6-221. The department shall also issue a permanent permit to an institution which operates vehicles used primarily for the transportation of individuals with disabilities, upon presentation of a certification from the institution regarding use of its vehicles. The institution shall receive permits only for the number of vehicles so used and shall affix the permits to the driver's side of the dashboards of such vehicles. The permanent permit shall vary in color from one period to the next renewal period, but shall not be predominately red in color and shall show prominently on its fuce an expiration date two years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard. (d) Any individual to whom a specially designated disabled veteran's license plate has been issued pursuant to Code Sections 40-2-69 through 40-2-72 and any individual to whom a specially designated disabled person's license plate has been issued pursuant to Code Section 40-2-74 shall be authorized to park the passenger motor vehicle on which the specially designated license plate is attached in a parking place for persons with disabilities without the necessity of obtaining a parking permit for persons with disabilities pursuant to this part. (e) The department shall issue a special permanent permit to any person who:
( 1) Because of a physical disability drives a motor vehicle which has been equipped with hand controls for the operation of the vehicle's brakes and accelerator; or (2) Is physically disabled due to the loss of, or loss of use of, both upper extremities. This special permanent permit shall vary in color from one period to the next renewal period but shall not be predominately red in color and shall show prominently on its fuce an expiration date two years from the date it is issued. The expiration date shall be printed in a size of print that is legible when the permit is hung from the rearview mirror or displayed on the driver's side of the dashboard. Such a special permit may be used in the same manner as, and shall be subject to the provisions of this part relating to, other permanent parking permits for persons with disabilities and may also be used as provided in Code Section 10-1-164.1. In addition to any other required printing, the following shall be printed upon this special permit: 'Code Section 10-1-164.1 of the Official Code of Georgia Annotated requires that any owner or operator of a gasoline station that sells full-service gasoline at one price and self-service at a lower price shall provide the service of dispensing gasoline at the self-service price for the holder of this special permit when such holder requests such service and is the operator of the vehicle and is not accompanied by another person 16 years of age or older who is not mobility impaired or blind."

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SECTION 2. Said chapter is further amended by striking Code Section 40-6-226, relating to offenses and penalties, and inserting in lieu thereof a new Code Section 40-6-226 to read as follows:
'40-6-226. (a) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities unless there is displayed on the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222 and unless such person is the person to whom such permit or license plate was issued; the person to whom such permit or license plate was issued is a passenger in the vehicle; or such vehicle is being used for the transportation of disabled passengers on behalf of the institution to which such permit was issued. (a.l) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities which is designated 'For Persons With Disabled Ambulatory Assistive Devices Only' unless:
( 1) There is displayed on the driver's side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222; and (2) A person with disabilities who is using a wheelchair, crutches, walker, or other ambulatory assistive device is the driver of or a passenger in such vehicle. (b)(1) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place fur persons with disabilities except for the purpose of allowing a disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for persons with disabilities. (2) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for the nonambulatory. (3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a parking place for persons with disabilities which area is clearly designed and designated for access to such parking place for persons with disabilities.

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(c) It shall be unlawful for any person to obtain by fraud or counterfeit a parking permit for persons with disabilities. (c.l) It shall be unlawful for any person to knowingly and willfully make a false or misleading statement in an application for a parking permit for persons with disabilities or in the affidavit of a practitioner of the healing arts stating that an applicant is a disabled person. (d) It shall be unlawful for any person or institution, other than the one to whom a parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a parking permit for persons with disabilities or specially designated license plate for a disabled person unless the person to whom such permit or license plate was issued is a passenger in such vehicle. It shall be unlawful for any person to use a parking permit for persons with disabilities for any institutional vehicle other than the vehicle for which the permit has been issued. It shall be unlawful for any person to use a parking permit for persons with disabilities issued to an institution for any purpose other than to transport disabled persons. (e) No person shall park a vehicle so as to block any entrance or exit ramp used by persons with disabilities on public or private property.
(t)(l) Any person violating subsection (c) or (c.l) of this Code section shall be guilty of a misdemeanor. (2) Any person violating subsection (a), (a.l ), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00. (g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a parking place for persons with disabilities which is marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement. (h) A property owner who is required to provide parking places for persons with disabilities shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (3) of Code Section 40-6-221 and upon failure so to designate each such parking place for persons with disabilities shall be subject to a fme of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the parking places for persons with disabilities within such 14 days, the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fme for each place and an additional $5.00 fme for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner.'

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

Approved May 2, 2005.

CRIMES-SUNDAY FIREARM DISCHARGE; REPEAL.
No. 128 (Senate Bill No. 259).
AN ACT
To amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, so as to repeal provisions relating to the crime of discharging a firearm on Sunday; 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 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to crimes involving dangerous instrumentalities and practices, is amended by striking Code Section 16-11-105, relating to the crime of discharging a firearm on Sunday, and inserting in its place the following:
'16-11-105. Reserved.'
SECTION 2. All laws and parts of laws in conflict with this Act are repealed.
Approved May 2, 2005.

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LOCAL GOVERNMENT- STATE GOVERNMENT-DERIVATIVE
TRANSACTIONS.

No. 129 (Senate Bill No. 227).

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 provide for the entering into of cap, collar, swap, and other derivative transactions regarding interest rates that manage interest rate risk or cost with respect to the issuance of certain bonds; to provide for definitions; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Georgia State Financing and Investment Commission; 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 adding a new article at the end of Chapter 82, relating to bonds, to be designated Article 1I, to read as follows:

'ARTICLE II

36-82-250. As used in this article, the term:
(I) 'Counterparty' means the party entering into a qualified interest rate management agreement with the local governmental entity. A counterparty must be a bank, insurance company, or other financial institution duly qualified to do business in the state that either:
(A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term thereof, a long-term unsecured debt rating or financial strength rating in one ofthe top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moody's Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the governing body of the local governmental entity; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the local governmental entity.

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(2) 'Debt' shall include all debt and revenue obligations that a local governmental entity is authorized to incur by law, including without limitation general obligation debt in the form of bonds or other obligations, revenue bonds and other forms of revenue obligations, and all other debt or revenue undertakings, including, but not limited to, bonds, notes, warrants, certificates or other evidences of indebtedness, or other obligations for borrowed money issued or to be issued by any local governmental entity. 'Debt' includes any fmancing lease or installment purchase contracts of any local public authorities. (3) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of qualified interest rate management agreements that is retained by the local governmental entity to render advice with respect to a qualified interest rate management agreement. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate management agreement with respect to which the independent financial adviser is advising the local governmental entity. (4) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to qualified interest rate management agreements of the local governmental entity, which plan has been approved by the governing body of the local governmental entity. (5) 'Lease or installment purchase contract' means multiyear lease, purchase, installment purchase, or lease purchase contracts within the meaning of Code Sections 20-2-506 and 36-60-13 or substantially similar other or successor Code sections. (6) 'Local governmental entity' means any governmental body as defined in paragraph (2) of Code Section 36-82-61, as amended; provided, however, that such term shall only include authorities which are local public authorities included in the definition thereof set forth in subparagraphs (C) and (D) of paragraph (2) of Code Section 36-82-61, as amended. (7) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement entered into by the local governmental entity in accordance with, and fulfilling the requirements of, Code Section 36-82-253, which agreement in the judgment of the local governmental entity is designed to manage interest rate risk or interest cost of the local governmental entity on any debt or lease or installment purchase contract the local governmental entity is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor, and lock agreements, forward agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the local governmental entity, will assist the local governmental entity in managing its interest rate risk or interest cost.

36-82-251. With respect to all or any portion of any debt or lease or installment purchase contract, either issued or anticipated to be issued by the local governmental

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entity, the local governmental entity may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the local governmental entity may determine, including, without limitation, provisions permitting the local governmental entity to pay to or receive from any counterparty any loss of benefits under such agreement upon early termination thereof or default under such agreement.

36-82-252. (a) Prior to executing and delivering a qualified interest rate management agreement, the local governmental entity shall have adopted an interest rate management plan that includes:
( 1) An analysis of the interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the local governmental entity entering into qualified interest rate management agreements; (2) The local governmental entity's procedure for approving and executing qualified interest rate management agreements; (3) The local governmental entity's plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks; (4) The local governmental entity's procedure for maintaining current records of all qualified interest rate management agreements that have been approved and executed; and (5) Such other provisions as may from time to time be required by the governing body of the local governmental entity, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements. (b) The local governmental entity shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the governing body of the local governmental entity. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.

36-82-253. (a) Each qualified interest rate management agreement shall meet the following requirements:
(I) Subject to subsection (b) of this Code section, the maximum term, including any renewal periods, of any qualified interest rate management agreement may not exceed ten years unless such longer term has been approved by the governing body of the local governmental entity; provided, however, that in no case may the term of the qualified interest rate management agreement exceed the latest maturity date of the bonds, notes, or debt or lease or installment purchase contract referenced in the qualified interest rate management agreement;

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(2) The local governmental entity shall enter into a qualified interest rate management agreement only with a counterparty meeting the requirements set forth in paragraph (1) ofCode Section 36-82-250; (3) Prior to the execution and delivery by the local governmental entity of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 36-8 2-25 2 must have been approved by the governing body of the local governmental entity and the governing body of the local governmental entity shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan; (4) Any qualified interest rate management agreement shall be payable only in the currency of the United States of America; and (5) Unless otherwise approved by the governing body of the local governmental entity, the notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt or the aggregate payments due under any lease or installment purchase contract to which such agreement relates. (b) A qualified interest rate management agreement may renew from calendar year to calendar year and may provide for the payment of any fee related to a termination or a nonrenewal, so long as the following requirements are satisfied: (1) Such qualified interest rate management agreement shall terminate absolutely at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed; (2) Any such qualified interest rate management agreement may provide for automatic renewal unless positive action is taken by the local governmental entity to terminate such contract, or may provide for termination or renewal in some other manner not prohibited by law, which method of renewal or termination, in either case, shall be specified in the qualified interest rate management agreement; and (3) Such qualified interest rate management agreement shall include a statement of the total obligation of the local governmental entity for the calendar year of execution and, if renewed, for the calendar year of renewal. A qualified interest rate management agreement meeting the requirements of this subsection may also provide that the local governmental entity's obligations will terminate immediately and absolutely at such time as appropriated and other funds encumbered for payment by the local governmental entity pursuant to the terms of such qualified interest rate management agreement are no longer available to satisfy such obligations. The total obligation of the local governmental entity for the calendar year payable pursuant to a qualified interest rate management agreement maybe stated in contingent but objective terms with respect to variable rate payments or termination payments, but in that event a qualified interest rate management agreement must provide that it will terminate immediately and absolutely at such time as appropriated and other funds encumbered for its payment are no longer available to satisfy the obligations of the local governmental entity under such agreement. A qualified interest rate

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management agreement executed under this subsection shall not be deemed to create a debt of the local governmental entity or otherwise obligate the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal.
(c)( 1) Any qualified interest rate management agreement of a local governmental entity may provide that it is an unconditional, limited recourse obligation of such local governmental entity payable from a specified revenue source. (2) A local governmental entity may, in any qualified interest rate management agreement that constitutes a limited recourse obligation of the local governmental entity, pledge to the punctual payment of amounts due under the qualified interest rate management agreement revenues from a specified revenue source, which shall not include any taxes, including, without limitation, collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such qualified interest rate management agreement relates. (d) A qualified interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue identified as the source of payment thereof, nor shall the local governmental entity entering into the same be subject to any pecuniary liability thereon. No counterparty under any such qualified interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state or the local governmental entity to pay any amount due under any such qualified interest rate management agreement, nor to enforce payment thereof against any property of the state or local governmental entity, other than the specified revenue source; nor shall any such qualified interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state or local governmental entity, other than the specified revenue source. Every such qualified interest rate management agreement shall contain a recital setting forth the substance of this subsection. (e) Any local governmental entity may enter into credit enhancement or liquidity agreements in connection with any qualified interest rate management agreement containing such terms and conditions as the governing body determines are necessary or desirable, provided that any such agreement has the same source of payment as the related qualified interest rate management agreement.

36-82-254. The local governmental entity that has entered into a qualified interest rate management agreement shall include in its annual financial statements infOrmation with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required pursuant to any statement issued by the Governmental Accounting Standards Board.

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36-82-255. When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the local governmental entity in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State of Georgia.

36-82-256. Any contract which has been duly authorized and executed by a local governmental entity before the effective date of this article shall not be rendered invalid or improper by the provisions of this article; provided, however, that this article shall apply to any renewal of such a contract after its effective date unless the contract permitted the renewal and set the terms of the renewal contract before January 1, 2005, in which case this article shall not apply to any such renewals.'

SECTION 2. Chapter 17 of Title 50 of the 0 fficial Code of Georgia Annotated, relating to state government, is amended by adding a new article at the end of Chapter 17, relating to state debt, investment, and depositories, to be designated Article 5, to read as follows:

'ARTICLE 5

50-17-100. As used in this article, the term:
(1) 'Commission' means the Georgia State Financing and Investment Commission as defined in paragraph (1) of Code Section 50-17-21, as amended. (2) 'Counterparty' means the party entering into a qualified interest rate management agreement with the state party. A counterparty must be a bank, insurance company, or other fmancial institution duly qualified to do business in the state that either:
(A) Has, or whose obligations are guaranteed by an entity that has, at the time of entering into a qualified interest rate management agreement and for the entire term thereof, a long-term unsecured debt rating or financial strength rating in one of the top two ratings categories, without regard to any refinement or gradation of rating category by numerical modifier or otherwise, assigned by any two of the following: Moody's Investors Service, Inc., Standard & Poors Ratings Service, a division of The McGraw-Hill Companies, Inc., Fitch, Inc., or such other nationally recognized ratings service approved by the commission; or (B) Has collateralized its obligations under a qualified interest rate management agreement in a manner approved by the commission.

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(3) 'Debt' shall include all debt and revenue obligations that a state party is authorized to incur by law, including without limitation general obligation debt in the form ofbonds or other obligations, guaranteed revenue debt in the form of bonds or other obligations, revenue bonds and other furms of revenue obligations, and all other debt or revenue undertakings, including, but not limited to, bonds, notes, warrants, certificates or other evidences of indebtedness, or other obligations for borrowed money issued or to be issued by any state party. 'Debt' includes any financing lease or installment purchase contracts of any state authority. (4) 'Independent financial adviser' means a person or entity experienced in the financial aspects and risks of qualified interest rate management agreements that is retained by the state party to render advice with respect to a qualified interest rate management agreement. The independent financial adviser may not be the counterparty or an affiliate or agent of the counterparty on a qualified interest rate management agreement with respect to which the independent financial adviser is advising the state party. (5) 'Interest rate management plan' means a written plan prepared or reviewed by an independent financial adviser with respect to qualified interest rate management agreements of the state party. (6) 'Lease or installment purchase contract' means multiyear lease, purchase, installment purchase, or lease purchase contracts within the meaning of Code Sections 50-5-64, 50-5-65, and 50-5-77 or substantially similar other or successor Code sections. (7) 'State party' means the state and any state authority. (8) 'Qualified interest rate management agreement' means an agreement, including a confirmation evidencing a transaction effected under a master agreement, entered into by the state party in accordance with, and fulfilling the requirements of, Code Section 50-17-101 which agreement in the judgment of the state party is designed to manage interest rate risk or interest cost of the state party on any debt or lease or installment purchase contract the state party is authorized to incur, including, but not limited to, interest rate swaps or exchange agreements, interest rate caps, collars, corridors, ceiling, floor, and lock agreements, forward agreements, swaptions, warrants, and other interest rate agreements which, in the judgment of the state party, wil,assist the state party in managing the interest rate risk or interest cost of the state or state authority. (9) 'State authority' means any state authority as defined in paragraph (9) of Code Section 50-17-21, as amended.

50-17-101. (a) The commission is authorized to and shall establish guidelines, rules, or regulations with respect to the procedures for approving interest rate management plans and with respect to any requirements for qualified interest rate management agreements. Such guidelines, rules, and regulations shall apply to the interest rate management plans and qualified interest rate management agreements of any

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state party. Such guidelines, rules, and regulations shall not constitute a rule within the meaning of Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' including, without limitation, the term 'rule' as defined in paragraph (6) of Code Section 50-13-2 and used in Code Section 50-13-4. (b) With respect to all or any portion of any debt or any lease or installment purchase contract, either issued or anticipated to be issued by the state party, the state party may enter into, terminate, amend, or otherwise modify a qualified interest rate management agreement under such terms and conditions as the state party may determine, including, without limitation, provisions permitting the state party to pay to or receive from any counterparty any loss ofbenefits under such agreement upon early termination thereof or default under such agreement. (c) Payments received by a state party pursuant to the terms of a qualified interest rate management agreement shall not be deposited into the state general fund but shall be subject to disposition by the state party and applied in accord with the goals of managing interest rate risk and interest cost as set forth in the qualified interest rate management agreement, any authorizing document for the debt or the lease or installment purchase contract to which such qualified interest rate management agreement relates, or such state party's interest rate management plan.
(d)( 1) With respect to any qualified interest rate management agreement related to all or any portion of debt of a state party, the obligations of the state party contained in such qualified interest rate management agreement may be incurred as related or additional obligations of such debt and approved in the same manner as required for authorizing, approving, and issuing such debt to the extent not otherwise prohibited, limited, or impractical and consistent with any tax-exempt status of the related debt. If this power is exercised with respect to state debt, the obligations to pay a counterparty shall be subordinate to the obligations to pay holders of general obligation debt, guaranteed revenue debt, and all payments required under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution ofl976. (2) When the obligations of the state party are not incurred as related or additional obligations pursuant to paragraph (1) of this subsection and the qualified interest rate management agreement relates to debt of a state authority, the qualified interest rate management agreement shall be on such terms and conditions as the state party and counterparty agree consistent with provisions ofthis article. (3) When the obligations of the state party are not incurred as related or additional obligations pursuant to paragraph (1) of this subsection and the qualified interest rate management agreement relates to debt of the state or to a lease or installment purchase contract, the obligations of the state party contained in such qualified interest rate management agreement may renew from fiscal year to fiscal year and may provide for the payment of any fee related to a termination or a nonrenewal, so long as the following requirements are satisfied:

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(A) Such qualified interest rate management agreement shall terminate absolutely at the close of the fiscal year in which it was executed and at the close of each succeeding fiscal year for which it may be renewed; (B) Any renewal of such qualified interest rate management agreement shall require positive action taken by the state party or in such other manner not otherwise prohibited by law which method of renewal and termination, in either case, shall be specified in the qualified interest rate management agreement; and (C) Such qualified interest rate management agreement shall include a statement of the total obligation of the state party for the fiscal year of execution and, if renewed, for the fiscal year of renewal. A qualified interest rate management agreement meeting the requirements of this paragraph may also provide that the state s obligations will terminate immediately and absolutely at such time as appropriated and other funds encumbered for payment by the state pursuant to the terms of such qualified interest rate management agreement are no longer available to satisfy such obligations. The total obligation of the state for the fiscal year payable pursuant to a qualified interest rate management agreement may be stated in contingent but objective terms with respect to variable rate payments or termination payments, but in that event a qualified interest rate management agreement must provide that it will terminate immediately and absolutely at such time as appropriated and other funds encumbered for its payment are no longer available to satisfy the obligations of the state under such agreement. A qualified interest rate management agreement executed under this paragraph shall not be deemed to create a debt of the state or otherwise obligate the payment of any sum beyond the fiscal year of execution or, in the event of a renewal, beyond the fiscal year of such renewal. When a qualified interest rate management agreement is executed under this paragraph or paragraph (1) of this subsection, the obligation of the state may be treated as an operating expense of the commission within the meaning of Paragraph VII of Section IV of Article VII of the Constitution and within the meaning of paragraph (2) of subsection (g) of Code Section 50-17-22 and of subsection (b) of Code Section 50-17-27. (e)(l) The obligations of a state party to pay a counterparty under a qualified interest rate management agreement with respect to debt may be paid from any lawful source, to the extent not otherwise prohibited, limited, or impractical and consistent with any tax exempt status of the related debt and in compliance with the Budget Act, including without limitation, as to the state, proceeds of general obligation debt, earnings on investments of proceeds of general obligation debt, appropriations of state and federal funds, and agency funds; and, as to any state authority, any funds of such state authority to the extent not otherwise prohibited, limited, or impractical and consistent with any tax exempt status of the related debt. (2) The obligations of a state party to pay a counterparty under a qualified interest rate management agreement with respect to a lease or installment

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purchase contract may be paid from any lawful source, to the extent not otherwise prohibited, limited, or impractical and consistent with any tax-exempt status of the related lease or installment purchase agreement and in compliance with the Budget Act, including without limitation appropriations of state and federal funds and agency funds. (t)(1) With respect to obligations of a state authority to pay a counterparty, any qualified interest rate management agreement of a state authority may provide that it is an unconditional, limited recourse obligation of such state authority payable from a specified revenue source. (2) A state authority may, in any qualified interest rate management agreement that constitutes a limited recourse obligation of the state authority, pledge to the punctual payment of amounts due under the qualified interest rate management agreement revenues from a specified revenue source, which shall not include any taxes, including without limitation collateral derived from such revenue source or proceeds of the debt, including debt for future delivery, to which such qualified interest rate management agreement relates. (3) A qualified interest rate management agreement that constitutes a limited recourse obligation shall not be payable from or charged upon any funds other than the revenue identified as the source of payment thereof, nor shall the state authority entering into the same be subject to any pecuniary liability thereon. No counterparty under any such qualified interest rate management agreement shall ever have the right to compel any exercise of the taxing power of the state or the state authority to pay any amount due under any such qualified interest rate management agreement, nor to enforce payment thereof against any property of the state or state authority, other than the specified revenue source; nor shall any such qualified interest rate management agreement constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the state or state authority, other than the specified revenue source. Every such qualified interest rate management agreement shall contain a recital setting forth the substance of this paragraph. (g)( 1) The commission shall act for the state with respect to debt of the state and a qualified interest rate management agreement. However, upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services. (2) A state authority shall act fur itself with respect to an interest rate management plan, a qualified interest rate management agreement, and an independent financial advisor regarding the debt of the state authority subject, however, to the guidelines, rules, and regulations of the commission under subsection (a) of this Code section. Further, the interest rate management plan, a qualified interest rate management agreement, and retention of an independent financial advisor will be treated as financial advisory matters within the exclusive authority and jurisdiction of the commission under paragraph (1) of subsection (t) of Code Section 50-17-22 and will require specific commission approval, unless the commission otherwise directs in either the specific case or in general terms. Upon authorization of the

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Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services for a qualified interest rate management agreement of the state authority. (3) The agency responsible for payment shall act for the state with respect to a lease or installment purchase contract but only under the supervision and approval of the commission. Upon authorization of the Governor, the Office of Treasury and Fiscal Services shall act as fiscal agent or provide other administrative services.

50-17-102. (a) Prior to executing and delivering a qualified interest rate management agreement, the state party shall have adopted an interest rate management plan that includes:
(1) An analysis ofthe interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks to the state party entering into qualified interest rate management agreements; (2) The state party's procedure for approving and executing qualified interest rate management agreements; (3) The state party's plan to monitor interest rate risk, basis risk, termination risk, credit risk, market-access risk, and other risks; and (4) Such other provisions as may from time to time be required by the commission, including but not limited to additional provisions due to changes in market conditions for qualified interest rate management agreements. Any interest rate management plan adopted by the state shall be approved by the commission or by a designated officer of the commission and shall have been reviewed by an independent financial adviser approved by the commission. (b) The state party shall conduct an annual review of its interest rate management plan as to the adequacy of the procedures set forth in such plan for the analysis and monitoring requirements set forth in subsection (a) of this Code section. A report summarizing the results of such review shall be submitted annually to the commission and, with respect to any interest rate management plan of a state authority, to the governing body of such state authority. The requirements of this subsection shall not be construed as to require the review of any existing interest rate management plan by an independent financial adviser.

50-17-103. (a) Each qualified interest rate management agreement shall meet the following requirements:
(1) The maximum term, including any renewal periods, of any qualified interest rate management agreement of the state may not exceed ten years unless such longer term has been approved by the commission. In addition to approval of the commission required by paragraph (2) of subsection (g) of Code Section 50-1 7-1 01, the maximum term, including any renewal periods, of any qualified interest rate management agreement of a state authority may not exceed ten years unless such longer term has been approved by the

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governing body of the state authority. The foregoing provlSlons of this paragraph notwithstanding, in no case may the term of the qualified interest rate management agreement exceed the latest maturity date ofthe bonds, notes, debt, or lease or installment purchase contract referenced in the qualified interest rate management agreement. (2) The state party shall enter into a qualified interest rate management agreement only with a counterparty meeting the requirements set forth in paragraph (2) ofCode Section 50-17-100. (3) Prior to the execution and delivery by the state of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 50-17-102 must have been submitted to the commission and the commission shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan. Prior to the execution and delivery by a state authority of any qualified interest rate management agreement, an interest rate management plan meeting the requirements of Code Section 50-17-102 must have been submitted to the governing body of the state authority and the governing body of the state authority shall have been provided evidence that such qualified interest rate management agreement is in compliance with the existing interest rate management plan. (4) Anx qualified interest rate management agreement shall be payable only in the currency of the United States of America. (5) The notional amount of any qualified interest rate management agreement shall not exceed the outstanding principal amount of the debt or the aggregate payments due under any lease or installment purchase contract to which such agreement relates unless otherwise approved in writing by the commission for any qualified interest rate management agreement executed by the state or by the governing body of the state authority for any qualified interest rate management agreement executed by a state authority, subject to the approval of the commission required by paragraph (2) of subsection (g) of Code Section 50-17-101. (b) Any state party may enter into credit enhancement or liquidity agreements in connection with any qualified interest rate management agreement containing such terms and conditions as the state party determines are necessary or desirable, provided that any such agreement has the same source of payment as the related qualified interest rate management agreement.

50-17-104. The state party that has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to each qualified interest rate management agreement it has authorized or entered into, including any information required by any accounting or regulatory standard to which the state party is subject.

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50-17-105. When entering into any qualified interest rate management agreement authorized under this article, the agreement shall be governed by the laws of the State of Georgia, and jurisdiction over the state party in any matter concerning a qualified interest rate management agreement shall lie exclusively in the courts of the State of Georgia or in the applicable federal court having jurisdiction and located within the State ofGeorgia.'

SECTION 3. Said title is further amended by striking paragraph (2) of subsection (g) of Code Section 50-17-22, relating to the Georgia State Financing and Investment Commission, and inserting in its place a new paragraph (2) to read as follows:
'(2) The executive secretary shall prepare, under the direction and supervision of the commission, any budgets, requests, estimates, records, or other documents deemed necessary or efficient for compliance with Part I of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' to provide for the payment of personnel services, operating expense, and administration and otherwise carry out this article. The commission may but need not receive an appropriation fur personnel, administrative services, and other operating expenses of the commission. The commission may but need not receive an appropriation for the costs of issuance, validation, and delivery of obligations tQ be incurred, including, but not limited to, trustee s fees, paying agent fees, printing fees, bond counsel fees, district attorney fees, clerk of the superior court fees, architect fees, and engineering fees, which costs and fees are dependent on the principal amount of the obligations incurred and are determined to be appropriate costs of the project or projects for which such obligations are incurred and are authorized to be paid from bond proceeds. The commission may but need not receive an appropriation for expenditures made for fees and expenses incurred in safeguarding and protecting public health, life, and property in connection with projects for which general obligation debt has been incurred.'

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

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INSURANCE- LOSS RESERVES; LIABILITY INSURANCE; WORKERS'
COMPENSATION.

No. 130 (Senate Bill No. 225).

AN ACT

To amend Chapter 10 of Title 33 of the Official Code of Georgia Annotated, relating to assets and liabilities ofinsurers, so as to repeal certain provisions relating to loss reserves and liability insurance and workers' compensation; 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 33 of the Official Code ofGeorgia Annotated, relating to assets and liabilities ofinsurers, is amended by striking Code Section 33-10-9, relating to loss reserves and liability insurance and workers' compensation, and inserting in its place the following:
'33-1 0-9. Reserved.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 2, 2005.

GAMES AND FISH- STATE OWNED LANDS; DEER; DOGS.
No. 131 (Senate Bill No. 206).
AN ACT
To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain provisions relating to legislative declarations relative to hunting, fishing, and the taking of wildlife, ownership and custody of wildlife, promotion and right to hunt, trap, or fish, local regulation, and general offenses; to

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change certain provisions relating to hunting deer with dogs; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in subsection (c) of Code Section 27-1-3, relating to legislative declarations relative to hunting, fishing, and the taking of wildlife, ownership and custody of wildlife, promotion and right to hunt, trap, or fish, local regulation, and general offenses, by designating the existing provisions of said subsection as paragraph (2) thereof and adding a new paragraph (1) to read as follows:
'( 1) To the greatest practical extent, department land management decisions and actions shall not result in any net loss ofland acreage available for hunting opportunities on department managed state owned lands that exists on the effective date ofthis paragraph.'

SECTION 2. Said title is further amended by striking subsection (c) of Code Section 27-3-17, relating to hunting deer with dogs, and inserting in lieu thereof the following:
'(c) It shall be unlawful for any person to hunt deer with dogs on any tract of real property unless a permit for hunting deer with dogs has been issued by the department for such tract to the owner or owners of such tract or the lessee of deer hunting rights for such tract. A permit for hunting deer with dogs shall not be issued to a lessee of deer hunting rights for any tract of real property that is less than 1,000 contiguous acres or to the property owner or owners for any tract of real property that is less than 250 contiguous acres. Any application for a permit for hunting deer with dogs shall be on such form as prescribed by the department; shall be accompanied by the required application fee; and shall include a written description of the tract boundaries and a map showing key features such as public roads or streams on or bordering the tract and occupied dwellings on adjacent properties. The application must be signed by all persons owning any portion of the tract of real property or an authorized agent thereof. The application fee for such permit shall be $100.00 for an annual permit or $25.00 for a two-day permit."

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

Approved May 2, 2005.

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CRIMES-UNLAWFUL PYRAMID PROMOTIONAL SCHEMES.

No. 132 (Senate Bill No. 141).

AN ACT

To amend Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, so as to prohibit pyramid promotional schemes; to provide definitions; to provide for penalties and procedures; to provide for other related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to gambling and related offenses, is amended by striking in its entirety Code Section 16-12-3 8, relating to chain letter clubs, pyramid clubs, and like groups as lotteries, and inserting in lieu thereofthe following:
'16-12-38. (a) As used in this Code section, the term:
(1) 'Compensation' means a payment of any money, thing of value, or financial benefit. (2) 'Consideration' means the payment of cash or the purchase of goods, services, or intangible property, and does not include the purchase of goods or services furnished at cost to be used in making sales and not for resale, or time and effort spent in pursuit of sales or recruiting activities. (3) 'Inventory' includes both goods and services, including company produced promotional materials, sales aids, and sales kits that the plan or operation requires independent salespersons to purchase. (4) 'Inventory loading' means that the plan or operation requires or encourages its independent salespersons to purchase inventory in an amount which unreasonably exceeds that which the salesperson can expect to resell for ultimate consumption or to use or consume in a reasonable time period. (5) 'Participant' means a person who joins a plan or operation. (6) 'Person' means an individual, a corporation, a partnership, or any association or unincorporated organization. (7) 'Promote' means to contrive, prepare, establish, plan, operate, advertise, or to otherwise induce or attempt to induce another person to be a participant. (8) 'Pyramid promotional scheme' means any plan or operation in which a participant gives consideration for the right to receive compensation that is derived primarily from the recruitment of other persons as participants into the plan or operation rather than from the sale of goods, services, or intangible property to participants or by participants to others.

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(b)(1) No person may establish, promote, operate, or participate in any pyramid promotional scheme. A limitation as to the number of persons who may participate or the presence of additional conditions affecting eligibility for the opportunity to receive compensation under the plan does not change the identity of the plan as a pyramid promotional scheme. It is not a defense under this subsection that a person, on giving consideration, obtains goods, services, or intangible property in addition to the right to receive compensation. (2) Nothing in this Code section may be construed to prohibit a plan or operation, or to define a plan or operation as a pyramid promotional scheme, based on the fact that participants in the plan or operation give consideration in return for the right to receive compensation based upon purchases of goods, services, or intangible property by participants for personal use, consumption, or resale so long as the plan or operation does not promote or induce inventory loading and complies with the cancellation requirements of subsection (d) of Code Section 10-1-415. (3) Any person who participates in a pyramid promotional scheme shall be guilty of a misdemeanor of a high and aggravated nature. Any person who establishes, promotes, or operates a pyramid promotional scheme shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (4) Nothing in this Code section shall be construed so as to include a 'multilevel distribution company,' as defined in paragraph (6) ofCode Section 10-1-410, which is operating in compliance with Part 3 of Article 15 of
Chapter 1 of Title 1o:

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 2, 2005.

EDUCATION- PUBLIC OR PRIVATE SCHOOL; PRAYER; ATHLETIC EVENTS.
No. 133 (House Bill No. 678).
AN ACT
To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," so as to provide that state law shall not prohibit a private school from conducting a prayer prior to an athletic event held on the campus of the private school; to provide that athletic teams from public schools shall not be prohibited from participating in an athletic event held on the campus of a private

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school in this state for the reason that the hosting private school conducts a prayer prior to such athletic event; to provide that public schools shall not participate in interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits or discourages a private school from conducting a prayer prior to an athletic event held on the campus ofthe private school; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain programs and activities under the "Quality Basic Education Act," is amended by adding at its end a new Code Section 20-2-319 to read as follows:
'20-2-319. (a) No law or regulation ofthis state shall prohibit or be construed as prohibiting or discouraging a private school from conducting a prayer prior to an athletic event held on the campus of the private school. (b) No athletic team from any public school in this state shall be prohibited by state law or regulation from participating in an athletic event held on the campus of a private school in this state for the reason that the private school conducts a prayer prior to such athletic event. (c) No school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association which prohibits or discourages a private school from conducting a prayer prior to an athletic event held on the campus of the private school. (d) As used in this Code section, the term 'athletic association' means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public schools in this state participate:

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 3, 2005.

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OCGA- CHANGE REFERENCES TO 911 EMERGENCY NUMBERS TO 9-1-1.

No. 134 (House Bill No. 470).

AN ACT

To amend the following provisions of the Official Code of Georgia Annotated, so as to change all references to "911" emergency numbers to read 9-1-1; Article 2 of Chapter 10 of Title 20, relating to obstruction of public administration; Article 2 of Chapter 5 of Title 46, relating to telephone service; Code Section 19-13-51, relating to definitions relative to the ''Family Violence and Stalking Protective Order Registry Act,"; Code Section 31-11-1, relating to findings and declaration of policy relative to emergency services; Code Section 33-9-39, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians; Code Section 36-60-19, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance; Code Section 38-3-20, relating to presentment of boundary dispute by grand jury, certification to Governor, appointment of surveyor to define line, and return of survey and plat to Secretary of State; Code Section 38-3-27, relating to local organizations for emergency management, creation, structure, powers, directors, appointment, qualifications, and compensation, state to provide financial assistance, and entitlement for funding; and Code Section 50-18-72, relating to when public disclosure not required and disclosure of exempting legal authority; to amend Article 2 ofChapter 5 of Title 46, relating to telephone service, so as to defme certain terms; to change references to "911" numbers to read 9-1-1; to change the membership of the 9-1-1 Advisory Committee; to provide for the update of information in a certain report; to provide a penalty; to provide for the use of a wireless customer's place of primary use; to provide for a maximum administrative fee; to provide for the administration of certain funds; to provide for the recovery of costs; to provide for a state plan governing 911 enhanced systems; to provide for a reporting of the expenditure of funds; to provide for exemptions with respect to certain taxation; to provide for legislative fmdings and determinations; to amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and use tax, so as to define certain terms; to provide for a method of making a notification of billing error; to provide for the identification of the place of primary use for wireless customers; to provide for the provision of certain customer information to certain state agencies; 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 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by striking in its entirety Code Section 16-10-24.3, relating to obstructing or hindering persons making emergency telephone calls, and inserting in lieu thereof the following:
"16-10-24.3. Any person who verbally or physically obstructs, prevents, or hinders another person with intent to cause or allow physical harm or injury to another person from making or completing a 9- 1- 1 telephone call or a call to any law enforcement agency to request police protection or to report the commission of a crime is guilty of a misdemeanor and shall, upon conviction thereof; be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or both."

SECTION 2. Code Section 19-13-51 of the Official Code of Georgia Annotated, relating to defmitions relative to the "Family Violence and Stalking Protective Order Registry Act," is amended by striking in its entirety paragraph (4) and inserting in lieu thereof the following:
"(4) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the following: state or local officer, sheriff, deputy sheriff, dispatcher, 9-1-1 operator, police officer, prosecuting attorney, member of the State Board of Pardons and Paroles, a hearing officer and parole officer of the State Board of Pardons and Paroles, and a probation officer of the Department of Corrections:

SECTION 3. Code Section 31-11-1 of the 0 fficial Code of Georgia Annotated, relating to 31-11-1, findings and declaration of policy relative to emergency services, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereofthe following:
"(a)(4) That the administration of an emergency medical systems communications program should be the responsibility of the Department of Human Resources, acting upon the recommendations of the local entity which coordinates the program; all ambulance services shall be a part of this system even if this system is the 9-1-1 emergency telephone number;"

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SECTION 4. Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to automated external defibrillator program, establishment, regulations, and liability, is amended by striking in its entirety paragraph (3) of subsection (b) and inserting in lieu thereofthe following:
'(b )(3) All persons who use an automated external defibrillator shall activate the emergency medical services system as soon as reasonably possible by calling 9-1-1 or the appropriate emergency telephone number upon use of the automated external defibrillator; and'

SECTION 5. Code Section 33-9-39 of the Official Code of Georgia Annotated, relating to restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians, is amended by striking in its entirety paragraph (2) and inserting in lieu thereof the following:
'(2) For which the law enforcement officer, firefighter, or emergency medical technician furnishes proot; in the form of copies of the accident report, 9-1-1 emergency dispatch log, or the employing agency's documents, to the insurer of the condition provided in paragraph (1) of this Code section.'

SECTION 6. Code Section 36-60-19 of the Official Code of Georgia Annotated, relating to dispatch centers, required training for communications officers, exceptions, and penalty for noncompliance, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following:
'(b) On and after January 1, 1999, no monthly 9-1-1 charge provided for in Code Section 46-5-133 may be imposed for the support of any dispatch center unless such dispatch center is in compliance with the requirements of this Code section.'

SECTION 7. Code Section 38-3-20 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Emergency Management Agency, director, staff, offices, director's duties, and disaster coordinator, is amended by striking subsections (c) and (e) and inserting in lieu thereof; respectively, the following:
'(c) The director may employ such professional, technical, clerical, stenographic, and other personnel, may fix their compensation, and may make such expenditures within the appropriation therefor, or from other funds made available for purposes of emergency management, as may be necessary to carry out the purposes of Article 1, this article, and Article 3 of this chapter, the duties of the agency and the director described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 197 7,' as amended.' '(e) The director, subject to the direction and control of the Governor, shall be the executive head ofthe Georgia Emergency Management Agency and shall be

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responsible to the Governor for carrying out the program for emergency management in this state. He or she shall coordinate the activities of all organizations for emergency management within the state, shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by Article 1, this article, and Article 3 of this chapter as may be prescribed by the Governor and such additional authority, duties, and responsibilities as described in Part 4 of Article 2 of Chapter 5 of Title 46, the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977,' as amended.'

SECTION 8. Code Section 38-3-27 of the Official Code of Georgia Annotated, relating to local organizations for emergency management, creation, structure, powers, directors, appointment, qualifications, compensation, state to provide financial assistance, and entitlement for funding, is amended by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereofthe following:
'(a)(5) The political subdivision shall designate an office in a building owned or leased by the political subdivision as the office of emergency management. Such office of emergency management shall have appropriate equipment and supplies, including but not limited to telephone and communication equipment, access to the 9-1-1 system if such system is operational in the political subdivision, desks, typewriters, file cabinets, and necessary office supplies. No such equipment or supplies shall be used for personal business. The local director shall post on the front door of the office the schedule of hours of the work week in which he will be attending to emergency management matters. The citizens of a political subdivision shall have accessibility to the office of emergency management and the local director or his designee shall be available or on call at all times beyond working hours.'

SECTION 9. Article 2 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone service is amended by striking in its entirety Part 4, the "Georgia Emergency Telephone Number '911' Service Act of 1977," and inserting in lieu thereofthe following:

'Part 4

46-5-120. This part shall be known and may be cited as the 'Georgia Emergency Telephone Number 9-1-1 Service Act of 1977 .'

46-5-121. (a) The General Assembly finds and declares that it is in the public interest to shorten the time required for a citizen to request and receive emergency aid.

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There currently exist numerous different emergency phone numbers throughout the state. Provision for a single, primary three-digit emergency number through which emergency services can be quickly and efficiently obtained would provide a significant contribution to law enforcement and other public service efforts by making it easier to notify public safety personnel. Such a simplified means of procuring emergency services will result in the saving of lives, a reduction in the destruction of property, and quicker apprehension of criminals. It is the intent of the General Assembly to establish and implement a cohesive state-wide emergency telephone number 9-1-1 system which will provide citizens with rapid, direct access to public safety agencies by dialing telephone number 9-1-1 with the objective of reducing the response time to situations requiring law enforcement, fire, medical, rescue, and other emergency services. (b) The General Assembly further finds and declares that the benefits of 9-1-1 service should be widely available, regardless of whether a 9-1-1 call is placed from a traditionallandline telephone or from a wireless telephone. It is also in the public interest that users of wireless telephones should bear some of the cost of providing this life-saving service, as users of landline telephones currently do. It is the intent of the General Assembly to bring wireless telephone service within the scope of this part and to establish a means by which local public safety agencies may provide enhanced 9-1-1 service to wireless telephone users.

46-5-122. As used in this part, the term:
( 1) 'Addressing' means the assigning of a numerical address and street name (the name may be numerical) to each location within a local government's geographical area necessary to provide public safety service as determined by the local government. This address replaces any route and box number currently in place in the 9-1-1 data base and facilitates quicker response by public safety agencies. (2) 'Agency' means the Georgia Emergency Management Agency established pursuant to Code Section 38-3-20 unless the context clearly requires otherwise. (3) 'Director' means the director of emergency management appointed pursuant to Code Section 38-3-20. (4) 'Cost recovery' means the mechanism by which service suppliers may recover the recurring and nonrecurring costs they expend on the implementation ofwireless 9-1-1 services. (5) 'Emergency 9-1-1 system' means a local exchange telephone service or wireless service which facilitates the placing of calls by persons in need of emergency services to a public safety answering point by dialing the telephone number 9-1-1 and under which calls to 9-1-1 are answered by public safety answering points established and operated by the local government subscribing to the 9-1-1 service. The term 'emergency 9-1-1 system' also includes 'enhanced 9-1-1 service,' which means an emergency telephone system that provides the caller with emergency 9-1-1 system service and, in addition, directs 9-1-1 calls to appropriate public safety answering points by selective

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routing based on the geographical location from which the call originated and provides the capability for automatic number identification and automatic location identification features. (6) 'Enhanced ZIP code' means a United States postal ZIP code of 9 or more digits. (7) 'Exchange access facility' means the access from a particular telephone subscriber's premises to the telephone system of a service supplier. Exchange access facilities include service supplier provided access lines, PBX trunks, and Centrex network access registers, all as defmed by tariffS of the telephone companies as approved by the Georgia Public Service Commission. Exchange access facilities do not include service supplier owned and operated telephone pay station lines, Wide Area Telecommunications Services (WATS), Foreign Exchange (FX), or incoming only lines. (8) 'PIPS' means the Federal Information Processing Standard (PIPS) 55-3 or any future enhancement. (9) 'Local government' means any city, county, military base, or political subdivision of Georgia and its agencies. (10) 'Mobile telecommunications service' means commercial mobile radio service, as such term is defined in 47 C.F .R. Section 20.3 as in effect on June I, 1999, or as subsequently amended. ( 11) ' 9-1-1 charge' means a contribution to the local government for the 9-1-1 service start-up equipment costs, subscriber notification costs, addressing costs, billing costs, nonrecurring and recurring installation, maintenance, service, and network charges of a service supplier providing 9-1-1 service pursuant to this part, and costs associated with the hiring, training, and compensating of dispatchers employed by the local government to operate said 9-1-1 system at the public safety answering points. ( 12) 'Place ofprimary use' means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which must be the residential street address or the primary business street address ofthe customer. (13) 'Public agency' means the state and any city, county, city and county, municipal corporation, chartered organization, public district, or public authority located in whole or in part within this state which provides or has authority to provide fire-fighting, law enforcement, ambulance, medical, or other emergency services. (14) 'Public safety agency' means a functional division of a public agency which provides fire-fighting, law enforcement, emergency medical, suicide prevention, emergency management dispatching, poison control, drug prevention, child abuse, spouse abuse, or other emergency services. ( 15) 'Public safety answering point' means the public safety agency which receives incoming 9-1-1 telephone calls and dispatches appropriate public safety agencies to respond to such calls. ( 16) 'Service supplier' means a person or entity who provides local exchange telephone service or wireless service to a telephone subscriber.

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(17) 'Telephone subscriber' means a person or entity to whom local exchange telephone service or wireless service, either residential or commercial, is provided and in return for which the person or entity is billed on a monthly basis. When the same person, business, or organization has several telephone access lines, each exchange access facility shall constitute a separate subscription. When the same person, business, or organization has several wireless telephones, each wireless telecommunications connection shall constitute a separate connection. (18) 'Wireless enhanced 9-1-1 charge' means a contribution to the local government for the fOllowing:
(A) The costs to the local government of implementing or upgrading, and maintaining, an emergency 9-1-1 system which is capable of receiving and utilizing the following information, as it relates to 9-1-1 calls made from a wireless telecommunications connection: automatic number identification, the location ofthe base station or cell site which receives the 9-1-1 call, and the location of the wireless telecommunications connection; (B) Nonrecurring and recurring installation, maintenance, service, and network charges of a wireless service supplier to provide the infOrmation described in subparagraph (A) of this paragraph; and (C) Other costs which may be paid with money from the Emergency Telephone System Fund, pursuant to subsection (e) of Code Section 46-5-134. ( 19) 'Wireless service' means 'commercial mobile service' as defined under Section 332(D) of the federal Telecommunications Act of 1996 (47 U.S.C. Section 157, et seq.), regulations ofthe Federal Communications Commission, and the Omnibus Budget Reconciliation Act of 1993 (P.L. 103-66) and includes real-time, two-way interconnected voice service which is provided over networks which utilize intelligent switching capability and offer seamless handoff to customers. The term does not include one-way signaling service, data transmission service, nonlocal radio access line service, or a private telecommunications service. (20) 'Wireless service supplier' means a provider of wireless service. (21) 'Wireless telecommunications connection' means any mobile station for wireless service that connects a provider of wireless service to a provider of local exchange telephone service.

46-5-123. (a) For the purposes of the development and implementation of a plan for the state-wide emergency telephone number 9-1-1 system, there is created the 9-1-1 Advisory Committee to be composed of the director of emergency management, who shall serve as chairperson; the director of the Georgia Technology Authority or his or her designee; and 12 other members appointed by the Governor, as follows:
(1) Three members appointed from nominees of the Georgia Municipal Association;

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(2) Three members appointed from nominees of the Association County Commissioners of Georgia; (3) Four members who are experienced in and currently involved in the management of emergency telephone systems; and (4) Two members who are representatives ofthe telecommunications industry, one of whom shall be a representative of a wireless service supplier and one ofwhom shall be a representative of a land based service supplier. (b) When appointments are made, the associations making nominations pursuant to this Code section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association. (c) The appointed members of the committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment.

46-5-124. (a) The agency shall develop guidelines for implementing a state-wide emergency telephone number 9-1-1 system. The guidelines shall provide for:
( 1) Steps of action necessary for public agencies to effect the necessary coordination, regulation, and development preliminary to a 9-1-1 system that will incorporate the requirements of each public service agency in each local government of Georgia; (2) Identification of mutual aid agreements necessary to effect the 9-1-1 system, including coordination on behalf of the State of Georgia with any federal agency to secure financial assistance or other desirable activities in connection with the receipt of funding that may be provided to communities for the planning, development, or implementation of the 9-1-1 system; (3) The coordination necessary between local governments planning or developing a 9-1-1 system and other state agencies, the Public Service Commission, all affected utility and telephone companies, wireless service suppliers, and other agencies; (4) The actions to establish emergency telephone communications necessary to meet the requirements for each local government, including law enforcement, fire-fighting, medical, suicide prevention, rescue, or other emergency services; and (5) The actions to be taken by a local government desiring to provide wireless enhanced 9-1-1 service, including requirements contained in 47 Code of Federal Regulations Section 20.18. (b) The agency shall be responsible for encouraging and promoting the planning, development, and implementation oflocal 9-1-1 system plans. The agency shall develop any necessary procedures to be followed by public agencies for implementing and coordinating such plans and shall mediate whenever disputes arise or agreements cannot be reached between the local political jurisdiction and other entities involving the 9-1-1 system. (c) Subject to the approval of the Governor, the director shall be authorized to promulgate rules and regulations to establish minimum standards relating to

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training and equipment. Such training standards shall not be inconsistent with the training course or certification required for communications officers under Code Section 35-8-23. Notwithstanding any other law to the contrary, no communications officer hired to the staff of a 9-1-1 communications center shall be required to complete his or her training pursuant to Code Section 35-8-23 prior to being hired or employed for such position. (d) The agency shall maintain the registry of wireless service suppliers provided for in Code Section 46-5-124.1.

46-5-124.1. (a) Any service provider doing business in Georgia shall register the following information with the director:
( 1) The name, address, and telephone number of the representative of the service supplier to whom the resolution adopted pursuant to Code Section 46-5-13 3 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a wireless telecommunications connection should be submitted; (2) The name, address, and telephone number of the representative of the service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a wireless telecommunications connection; (3) The counties in Georgia in which the service supplier is authorized to provide wireless service at the time the filing is made; and (4) Every corporate name under which the service supplier is authorized to provide wireless service in Georgia. (b) After the initial submission by each service supplier doing business in this state, the information required by subsection (a) of this Code section shall be updated and submitted to the director by the tenth day of January and the tenth day of July of each year or such other semiannual schedule as the director may establish. (c) The director shall send a notice of delinquency to any service provider which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service provider which fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service provider in compliance with subsection (b) of this Code section.

46-5-125. Nothing in this part shall be construed to prohibit or discourage the formation of multijurisdictional or regional 9-1-1 systems; and any system established pursuant to this part may include the jurisdiction, or any portion thereof; of more than one public agency.

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46-5-126. The agency shall coordinate its act1v1t1es with those of the Public Service Commission, which shall encourage the Georgia telephone industry to activate facility modification plans for a timely 9-1-1 implementation.

46-5-127. After January I, 1978, no emergency telephone number 9-1-1 system shall be established, and no existing system shall be expanded to provide wireless enhanced 9-1-1 service, without written confirmation by the agency that the local plan conforms to the guidelines and procedures provided for in Code Section 46-5-124.

46-5-128. All public agencies shall assist the agency in its efforts to carry out the intent of this part; and such agencies shall comply with the guidelines developed pursuant to Code Section 46-5-124 by furnishing a resolution of intent regarding an emergency telephone number 9-1-1 system.

46-5-129. The agency may develop a 9-1-1 emblem which may be utilized on marked vehicles used by public safety agencies participating in a local9-l-l system.

46-5-130. The agency is authorized to apply for and accept federal funding assistance in the development and implementation of a state-wide emergency telephone number 9-1-1 system.

46-5-131. (a) Whether part1c1pating in a state-wide emergency 9-1-1 system or an emergency 9-1-1 system serving one or more local governments, neither the state nor any local government of the state nor any emergency 9-1-1 system provider, its employees, directors, officers, and agents, except in cases of wanton and willful misconduct or bad faith, shall be liable for death or injury to the person or for damage to property as a result of either developing, adopting, establishing, participating in, implementing, maintaining, or carrying out duties involved in operating the 9-1-1 emergency telephone system or in the identification of the telephone number, address, or name associated with any person accessing an emergency 9-1-1 system. (b) No local government of the State of Georgia shall be required to release, indemnifY, defend, or hold harmless any emergency 9-1-1 system provider from any loss, claim, demand, suit, or other action or any liability whatsoever which arises out of subsection (a) of this Code section, unless the local government agrees or has agreed to assume such obligations.

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46-5-132. It shall be unlawful for any wireless service supplier to assess or charge any fee for an emergency telephone call placed on a 9-1-1 emergency telephone system. The prohibition provided for in this Code section shall only apply to actual emergency telephone calls made on such system and shall not apply to nor prohibit any fee assessed or charged for the implementation or enhancement of such system.

46-5-133. (a) Subject to the provisions of subsection (b) of this Code section, the governing authority of any local government which operates or which contracts for the operation of an emergency 9-1-1 system is authorized to adopt a resolution to impose a monthly 9-1-1 charge upon each exchange access facility subscribed to by telephone subscribers whose exchange access lines are in the areas served or which would be served by the 9-1-1 service. Subject to the provisions of subsection (b) of this Code section and ofsubparagraphs (a)(2)(A) and (a)(2)(B) of Code Section 46-5-134, the governing authority of any local government which operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides enhanced 9-1-1 service to persons or entities with a wireless telecommunications connection, excluding a military base, is authorized to adopt a resolution to impose a monthly wireless enhanced 9-1-1 charge upon each wireless telecommunications connection subscribed to by telephone subscribers whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system. Such resolution, or any amendment to such resolution, shall fix a date on which such resolution and the imposition and collection ofthe 9-1-1 charge or wireless enhanced 9-1-1 charge, as provided in the resolution, shall become effective; provided, however, that such effective date shall be at least 120 days fullowing the date of the adoption of such resolution or any amendment to such resolution by the local government. The 9-1-1 charge must be uniform, may not vary according to the type of exchange access facility used, and may be billed on a monthly or quarterly basis. The wireless enhanced 9-1-1 charge must be uniform, not vary according to the type of wireless telecommunications connection used, and may be billed on a monthly or quarterly basis.
(b)(l) Except as provided in paragraph (2) of this subsection, no local government shall be authorized to exercise the power conferred by this Code section unless either:
(A) A majority of the voters residing in that political subdivision who vote in an election called for such purpose shall vote to authorize the implementation of this Code section. Such election shall be called and conducted as other special elections are called and conducted in such local government when requested by such local government authority. The question or questions on the ballot shall be as prescribed by the election superintendent, provided that separate questions may be posed regarding

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implementation of a 9-1-1 charge and of a wireless enhanced 9-1-1 charge; or (B) After a public hearing held upon not less than ten days' public notice. (2) The provisions of paragraph (1) of this subsection shall not apply with respect to a local government if the governing authority of such local government has on or before March 7, 1988, contracted with a local exchange telephone service supplier for the purchase or operation, or both, of a local exchange telephone 9-1-1 system. (c) On and after January 1, 1999, no monthly 9-1-1 charge provided for in this Code section may be imposed or continue to be imposed unless each dispatch center funded in whole or in part from such charges is in compliance with Code Section 36-6 0-1 9, relating to required TD D training for communications officers.

46-5-134. (a)(l) The subscriber of an exchange access facility may be billed fur the monthly 9-1-1 charge, if any, imposed with respect to that facility by the service supplier. Such 9-1-1 charge may not exceed $1.50 per month per exchange access facility provided to the telephone subscriber. All exchange access facilities billed to federal, state, or local governments shall be exempt from the 9-1-1 charge. Each service supplier shall, on behalf of the local government, collect the 9-1-1 charge from those telephone subscribers to whom it provides exchange telephone service in the area served by the emergency 9-1-1 system. As part of its normal billing process, the service supplier shall collect the 9-1-1 charge for each month an exchange access facility is in service, and it shall list the 9-1-1 charge as a separate entry on each bill. If a service supplier receives a partial payment for a bill from a telephone subscriber, the service supplier shall apply the payment against the amount the telephone subscriber owes the service supplier first. (2)(A) If the governing authority of a local government operates or contracts for the operation of an emergency 9-1-1 system which is capable of providing or provides automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which receives a 9-1-1 call from a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose billing address is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the monthly 9-1-1 charge imposed upon subscribers of exchange access facilities pursuant to paragraph (I) of this subsection nor exceed $1.00 per month per wireless telecommunications connection provided to the telephone subscriber. (B) If the governing authority of a local government operates or contracts for the operation of an emergency 9-1-1 system which is capable of

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providing or provides automatic number identification and automatic location identification of a wireless telecommunications connection, the subscriber of a wireless telecommunications connection whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system may be billed for the monthly wireless enhanced 9-1-1 charge, if any, imposed with respect to that connection by the wireless service supplier. Such wireless enhanced 9-1-1 charge may not exceed the amount of the monthly 9-1-1 charge imposed upon subscribers of exchange access facilities pursuant to paragraph (1) of this subsection and shall be imposed on a monthly basis for each wireless telecommunications connection provided to the telephone subscriber. (C) All wireless telecommunications connections billed to federal, state, or local governments shall be exempt from the wireless enhanced 9-1-1 charge. Each wireless service supplier shall, on behalf of the local government, collect the wireless enhanced 9-1-1 charge from those telephone subscribers whose place of primary use is within the geographic area that is served by the local government or that would be served by the local government for the purpose of such an emergency 9-1-1 system. As part of its normal billing process, the wireless service supplier shall collect the wireless enhanced 9-1-1 charge for each month a wireless telecommunications connection is in service, and it shall list the wireless enhanced 9-1-1 charge as a separate entry on each bill. If a wireless service supplier receives partial payment for a bill from a telephone subscriber, the wireless service supplier shall apply the payment against the amount the telephone subscriber owes the wireless service supplier first. (D) Notwithstanding the foregoing, the application of any 9-1-1 service charge with respect to a mobile telecommunications service, as defined in 4 U.S.C. Section 124(7), shall be governed by the provisions of Code Section 48-8-6. (b) Every telephone subscriber in the area served by the emergency 9-1-1 system shall be liable for the 9-1-1 and the wireless enhanced 9-1-1 charges imposed under this Code section until it has been paid to the service supplier. A service supplier shall have no obligation to take any legal action to enforce the collection of the 9-1-1 or wireless enhanced 9-1-1 charge. The service supplier shall provide the governing authority within 60 days with the name and address of each subscriber who has refused to pay the 9-1-1 or wireless enhanced 9-1-1 charge after such 9-1-1 or wireless enhanced 9-1-1 charge has become due. A collection action may be initiated by the local government that imposed the charges, and reasonable costs and attorneys' fees associated with that collection action may be awarded to the local government collecting the 9-1-1 or wireless enhanced 9-1-1 charge. (c) The local government contracting for the operation of an emergency 9-1-1 system shall remain ultimately responsible to the service supplier for all emergency 9-1-1 system installation, service, equipment, operation, and

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maintenance charges owed to the service supplier. Any taxes due on emergency 9-1-1 system service provided by the service supplier will be billed to the local government subscribing to the service. State and local taxes do not apply to the 9-1-1 or wireless enhanced 9-1-1 charge billed to telephone subscribers under this Code section.
(d)(l) Each service supplier that collects 9-1-1 or wireless enhanced 9-1-1 charges on behalf of the local government is entitled to retain as an administrative fee an amount equal to 3 percent ofthe gross 9-1-1 or wireless enhanced 9-1-1 charge receipts to be remitted to the local government; provided, however, that such amount shall not exceed 3 for every dollar so remitted. The remaining amount shall be due quarterly to the local government and shall be remitted to it no later than 60 days after the close of a calendar quarter. (2) The 9-1-1 and the wireless enhanced 9-1-1 charges collected by the service supplier shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund maintained by the local government. The local government may invest the money in the fund in the same manner that other moneys of the local government may be invested and any income earned from such investment shall be deposited into the Emergency Telephone System Fund. (3) On or before July 1, 2005, any funds that may have been deposited in a separate restricted wireless reserve account required by this Code section prior to such date shall be transferred to the Emergency Telephone System Fund required by paragraph (2) of this subsection. (4) The local government may on an annual basis, and at its expense, audit or cause to be audited the books and records of service suppliers with respect to the collection and remittance of9-l-l charges. (5) Such monthly 9-1-1 and wireless enhanced 9-1-1 charges may be reduced at any time by the governing authority by resolution; provided, however, that the said governing authority shall be required to reduce such monthly 9-1-1 or wireless enhanced 9-1-1 charge at any time the projected revenues from 9-1-1 or wireless enhanced 9-1-1 charges will cause the unexpended revenues in the Emergency Telephone System Fund at the end of the fiscal year to exceed by one and one-halftimes the unexpended revenues in such fund at the end ofthe immediately preceding fiscal year or at any time the unexpended revenues in such fund at the end of the fiscal year exceed by one and one-half times the unexpended revenues in such fund at the end of the immediately preceding fiscal year. Such reduction in the 9-1-1 or wireless enhanced 9-1-1 charge shall be in an amount which will avert the accumulation of revenues in such fund at the end of the fiscal year which will exceed by one and one-half times the amount of revenues in the fund at the end of the immediately preceding fiscal year. (e) A wireless service supplier may recover its costs expended on the implementation and provision ofwireless enhanced 9-1-1 services to subscribers in an amount not to exceed 30 of each 9-1-1 charge collected from a place of

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primary use that is within the geographic area that is served by the local government or would be served by the local government for the purpose of such emergency 9-1-1 system; provided, however, that such amount maybe increased to 45 upon implementation of step two of the state plan governing 9-1-1 enhanced communications as provided in subsection (g) of this Code section. Such cost recovery amount shall be based on the actual cost incurred by the wireless service supplier in providing wireless enhanced 9-1-1 services. (t) In addition to cost recovery as provided in subsection (e) ofthis Code section, money from the Emergency Telephone System Fund shall be used only to pay for:
(1) The lease, purchase, or maintenance of emergency telephone equipment, including necessary computer hardware, software, and data base provisioning; addressing; and nomecurring costs of establishing a 9-1-1 system; (2) The rates associated with the service supplier's 9-1-1 service and other service supplier's recurring charges; (3) The actual cost of salaries, including benefits, of employees hired by the local government solely for the operation and maintenance of the emergency 9-1-1 system and the actual cost oftraining such ofthose employees who work as dispatchers; (4) Office supplies of the public safety answering points used directly in providing emergency 9-1-1 system services; (5) The cost of leasing or purchasing a building used as a public safety answering point. Moneys from the fund cannot be used for the construction or lease of an emergency 9-1-1 system building until the local government has completed its street addressing plan; (6) The lease, purchase, or maintenance of computer hardware and software used at a public safety answering point, including computer-assisted dispatch systems; (7) Supplies directly related to providing emergency 9-1-1 system services, including the cost of printing emergency 9-1-1 pub lie education materials; and (8) The lease, purchase, or maintenance of logging recorders used at a public safety answering point to record telephone and radio traffic. (g) All 9-1-1 and communication systems provided pursuant to this part shall conform to the two-step state plan governing 9-1-1 enhanced communications as follows: (1) In step one, the governing authority of a local government shall operate or contract for the operation of an emergency 9-1-1 system that provides or is capable of providing automatic number identification of a wireless telecommunications connection and the location of the base station or cell site which received a 9-1-1 call from a wireless telecommunications connection; and (2) In step two, the governing authority of a local government shall operate or contract for the operation of an emergency 9-1-1 system that provides or is capable of providing automatic number identification and automatic location of a wireless telecommunications connection.

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(h) The local government may contract with a service supplier fur any term negotiated by the service supplier and the local government for an emergency 9-1-1 system and may make payments from the Emergency Telephone System Fund to provide any payments required by the contract, subject to the limitations provided by subsection (e) of this Code section. (i) The service supplier shall maintain records of the amount of the 9-1-1 and wireless enhanced 9-1-1 charges collected for a period of at least three years from the date of collection. The local government may, at its expense, require an annual audit of the service supplier's books and records with respect to the collection and remittance ofthe 9-1-1 and wireless enhanced 9-1-1 charges. U) In order to provide additional funding for the local government fur emergency 9-1-1 system purposes, the local government may receive federal, state, municipal, or private funds which shall be expended for the purposes of this part. (k) Subject to the provisions of Code Section 46-5-13 3, a telephone subscriber may be billed for the monthly 9-1-1 or wireless enhanced 9-1-1 charge for up to 18 months in advance of the date on which the 9-1-1 service becomes fully operational. (I) In the event the local government is a federal military base providing emergency services to local exchange telephone subscribers residing on the base, a local exchange telephone service supplier is authorized to apply the 9-1-1 charges collected to the bill for 9-1-1 service rather than remit the funds to an Emergency Telephone System Fund.
(m)(l) Any local government collecting or expending any 9-1-1 charges or wireless enhanced 9-1-1 charges in any fiscal year beginning on or after July 1, 2005, shall file an annual report of its collections and expenditures in conjunction with the annual audit required under Code Section 36-81-7. The form shall be designed by the state auditor and shall be distributed to local governments administering such funds. The annual report shall require certification by the recipient local government and by the local government auditor that funds were expended in compliance with the expenditure requirements of this Code section. (2) Any local government which makes expenditures not in compliance with this Code section may be held liable for pro rata reimbursement to telephone and wireless telecommunications subscribers of amounts improperly expended. Such liability may be established in judicial proceedings by any aggrieved party. The noncompliant local government shall be solely financially responsible for the reimbursement and for any costs associated with the reimbursement. Such reimbursement shall be accomplished by the service providers abating the imposition of the 9-1-1 charges and 9-1-1 wireless enhanced charges until such abatement equals the total amount of the rebate.

46-5-134.1. (a) This Code section shall apply in counties where the governing authorities of more than one local government have adopted a resolution to impose a wireless enhanced 9-1-1 charge in accordance with the provisions of subsection (a) of

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Code Section 46-5-133 and notwithstanding any contrary provision of Code Section 46-5-133 or 46-5-134. (b) A wireless service supplier may certify to any of the governing authorities described in subsection (a) of this Code section that the wireless service supplier is unable to determine whether the billing addresses of its subscribers are within the geographic area that is served by such local government. Upon such certification, the wireless service supplier shall be authorized to collect the wireless enhanced 9-1-1 charge from any of its subscribers whose billing address is within the county and is within an area that is as close as reasonably possible to the geographic area that is served by such local government. The wireless service supplier shall notifY such subscribers that if such subscriber's billing address is not within the geographic area served by such local government, such subscriber is not obligated to pay the wireless enhanced 9-1-1 charge. (c) Unless otherwise provided in an agreement among the governing authorities described in subsection (a) of this Code section, the charges collected by a wireless service supplier pursuant to this Code section shall be remitted to such governing authorities based upon the number of calls from wireless telecommunications connections that each such individual local government receives and counts relative to the total number of calls from wireless telecommunications connections that are received and counted by all of such local governments. (d) The authority granted to a wireless service supplier pursuant to this Code section shall terminate (1) on the date that the wireless service supplier certifies to a governing authority described in subsection (a) of this Code section that the wireless service supplier is able to determine whether the billing addresses of its subscribers are within the geographic area that is served by such governing authority or (2) on the date which is 180 days from the date that any of its subscribers were first billed under this Code section, whichever is earlier. Upon termination of such authority, the wireless service supplier shall collect the wireless enhanced 9-1-1 charge as provided in Code Section 46-5-134.

46-5-135. A service supplier, including any telephone company and its employees, directors, officers, and agents, is not liable for any damages in a civil action for injuries, death, or loss to persons or property incurred by any person as a result of any act or omission of a service supplier or any of its employees, directors, officers, or agents, except for willful or wanton misconduct, either in connection with developing, adopting, implementing, maintaining, or operating any emergency 9-1-1 system or in the identification ofthe telephone number, address, or name associated with any person accessing an emergency 9-1-1 system.

46-5-136. (a) The governing authority of a local government by resolution shall create an advisory board consisting of the sheriff; representatives from other public safety agencies which respond to emergency calls under the system, and other

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individuals knowledgeable ofemergency9-l-l systems and the emergency needs of the citizens of the local government, provided that such advisory board shall not exceed 13 members. (b) The advisory board shall assist the local government in:
(1) Reviewing and analyzing the progress by public safety agencies in developing 9-l-l system requirements; (2) Recommending steps of action to effect the necessary coordination, regulation, and development of a 9-l-l system; (3) Identifying mutual aid agreements necessary to effect the 9-1-1 system; (4) Assisting in the promulgation of necessary rules, regulations, operating procedures, schedules, and other such policy and administrative devices as shall be deemed necessary and appropriate; and (5) Providing other services as may be deemed appropriate by the local government. (c) The members of the advisory board shall not be compensated from moneys deposited into the Emergency Telephone System Fund.

46-5-137. This part shall not be construed as affecting the jurisdiction or powers of the Public Service Commission to establish rates, charges, or tariffS.

46-5-138. (a)(l) By proper resolution of the local governing bodies, an authority may be created and activated by: (A) Any two or more municipal corporations; (B) Any two or more counties; or (C) One or more municipal corporations and one or more counties. (2) The resolutions creating and activating a joint authority shall specify the number of members of the authority, the number to be appointed by each participating county or municipal corporation, their terms of office, and their residency requirements. (3) The resolutions creating and activating joint authorities may be amended by appropriate concurrent resolutions ofthe participating governing bodies.
(b) The pub lie authority shall be authorized to contract with the counties or municipalities which formed the authority to operate an emergency 9-1-1 system for such local governments throughout the corporate boundaries of such local governments. Pursuant to such contracts, the local governments shall be authorized to provide funding to the authority from the Emergency Telephone System Fund, including the Wireless Phase I and Phase II Reserve Accounts, maintained by each local government. No authority shall be formed until each local government forming the authority has imposed a monthly 9-1-1 charge or a monthly wireless enhanced 9-1-1 charge. (c) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part, including, but without limiting the generality of the foregoing, the power:

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(1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority; (4) To receive and administer gifts, grants, and devises of any property; (5) To operate emergency call answering services for law enforcement, emergency management, fire, and emergency medical service agencies 24 hours a day, seven days a week, 365 days a year; (6) To acquire, by purchase, gift, or construction, any real or personal property desired to be acquired to operate the emergency 9-1-1 system; (7) To sell, lease, exchange, transfer, assign, pledge, mortgage, dispose of, or grant options for any real or personal property or interest therein for any such purposes; and (8) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority. (d) The authority shall elect a chairperson and such other officers as deemed necessary by the authority. The authority shall select a director who shall be responsible for establishing operating standards and procedures and overseeing the operations ofthe emergency 9-1-1 system. The director may be an employee working in the operation of the emergency 9-1-1 system. The authority shall be responsible for hiring, training, supervising, and disciplining employees working in the operation of the emergency 9-1-1 system. An appropriate number of full-time and part-time employees shall be hired to operate the emergency 9-1-1 system. The authority shall determine the compensation of such employees and shall be authorized to provide other employee benefits. The authority shall submit its annual budget and a report of its financial records to the local governments which created the authority. (e) The authority may contract with a service supplier in the same manner that local governments are so authorized under the provisions of this part. (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 9-1-1 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 9-1-1 charge for an additional period of 18 months or until the 9-1-1 service becomes fully operational, whichever occurs first. (g) It is found, determined, and declared that the creation ofthe authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and constitute a public purpose and that the authority will be performing an essential governmental function in the exercise of the power conferred upon it by this Code section. This state covenants that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased_ by it or under its jurisdiction, control, possession, or

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supervision, or upon its activities in the operation or maintenance ofthe buildings erected or acquired by it, or upon any fees, rentals, or other charges for the use of such buildings, or upon other income received by the authority. The exemption provided in this Code section shall include an exemption from state and local sales and use tax on property purchased by the authority for use exclusively by the authority.

46-5-138.1. (a) Notwithstanding any provision of paragraph (1) of subsection (a) of Code Section 46-5-134 to the contrary, where two or more counties, none of which offers emergency 9-l-1 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 9-1-1 system for the first time after May 1, 199 8, such local governments may impose a monthly 9-1-l 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 9-1-1 system with costs limited to items eligible for funding through the Emergency Telephone System Fund; (2) An estimate ofthe revenue to be generated by the 9-1-1 charge authorized by paragraph (1) of subsection (a) of Code Section 46-5-134 during the first 18 months of collection shall be prepared; (3) If the total amount necessary for implementation of the emergency 9-1-1 system in paragraph (1) of this subsection exceeds the estimated revenue from imposition of the 9-1-1 charge specified in paragraph (2) ofthis subsection, the monthly 9-1-1 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 ofthe date on which the 9-1-1 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 9-1-1 charge for an additional period of 18 months or until the 9-1-1 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 9-l-1 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

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relate to monthly 9-1-1 charges on exchange access facilities shall apply to charges imposed pursuant to this subsection. (b) The increased monthly 9-1-I charge authorized by subsection (a) of this Code section shall also be available to any joint 9-I-I authority created pursuant to Code Section46-5-I38 afterMayl, I998."

SECTION 10. Part I of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to sales and use tax, is amended by striking in its entirety Code Section 48-8-13, relating to taxing jurisdictions for mobile telecommunications services, and inserting in lieu thereof the following:
'48-8-13. (a) For purposes of this Code section, the terms and corresponding definitions set forth in 4 U.S.C. Section I24 shall apply. In addition, as used in this Code section, the term:
( 1) 'Enhanced ZIP code' means a United States postal ZIP code of 9 or more digits. (2) 'Fee' shall include, without limitation, any emergency 9-1-1 charge imposed pursuant to Part 4 ofArticle 2 ofChapter 5 ofTitle 46. (3) 'FIPS' means the Federal Information Processing Standard (FIPS) 55-3 or any future enhancement. (4) 'Home service provider' means the facilities based carrier or reseller with which the customer contracts for the provision of mobile telecommunications services. (5) 'Mobile telecommunications service' means commercial mobile radio service, as such term is defined in 47 C.F.R. Section 20.3 as in effect on June I, 1999, or as subsequently amended. (6) 'Place of primary use' means the street address representative of where the customer's use of the mobile telecommunications service primarily occurs, which must be the residential street address or the primary business street address of the customer. At such time as the state certifies a master street address data base covering all or a portion of the state, addresses within the area so covered shall be identified by FIPS code. If the state has not designated such a data base, a home service provider desiring to be held harmless from any tax, charge, or fee liability under the provisions of 4 U.S.C. Section 120 shall employ an enhanced ZIP code to assign each street address to a specific taxing jurisdiction for each level of taxing jurisdiction and exercise due diligence at each level of taxing jurisdiction to ensure that each such street address is assigned to the correct taxing jurisdiction. If an enhanced ZIP code overlaps boundaries of taxing jurisdictions of the same level, the home service provider shall designate one specific jurisdiction within such enhanced ZIP code for use in taxing the activity for such enhanced ZIP code for each level of taxing jurisdiction. (7) 'Taxing jurisdiction' means the state or any municipality or county.

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(b) Subject to the provisions of 4 U.S.C. Section 116(c), the tax levied by this chapter shall apply only to those charges for mobile telecommunications services subject to tax that are deemed to be provided to a customer by a home service provider pursuant to 4 U.S.C. Section 117(a) if the customer's place of primary use is located within this state, regardless of where the mobile telecommunications services originate, terminate, or pass through. (c) If a customer believes that an amount oftax, charge, or fee or an assignment of place of primary use or taxing jurisdiction included on a bill under the provisions of this Code section is erroneous, the customer shall notify the home service provider in writing to the address provided as required by subsection (g) of this Code section. The customer shall include in this written notification the street address for the customer s place of primary use, the account name and number for which the customer seeks a correction, a description of the error asserted by the customer, and any other information that the home service provider reasonably requires to process the request. Within 60 days ofreceiving a notice under this subsection, the home service provider shall review its records to determine the customer s taxing jurisdiction. If this review shows that the amount of tax, charge, or fee or assignment of place of primary use or taxing jurisdiction is in error, the home service provider shall correct the error and refund or credit the amount of tax, charge, or fee erroneously collected from the customer for a period of up to two years. If this review shows that the amount of tax, charge, or fee or assignment of place of primary use or taxing jurisdiction is correct, the home service provider shall provide a written explanation to the customer. The procedures in this subsection shall be the first course of remedy available to customers seeking correction of assignment ofplace ofprimary use or taxing jurisdiction or a refund of or other compensation for taxes, charges, or fees erroneously collected by the home service provider, and no cause of action based upon a dispute arising from such taxes, charges, or fees shall accrue until a customer has exhausted the remedies set forth in this subsection.
(d)( I) If a mobile telecommunications service is not subject to the tax levied by this chapter, and if the amount charged for such mobile telecommunications service is aggregated with and not separately stated from the amount paid or charged for any service that is subject to such tax, then the nontaxable mobile telecommunications service shall be treated as being subject to such tax unless the home service provider can reasonably identify the amount paid or charged for the mobile telecommunications service not subject to such tax from its books and records kept in the regular course ofbusiness. (2) If a mobile telecommunications service is not subject to the tax levied by this chapter, a customer may not rely upon the nontaxability of such mobile telecommunications service unless the customer s home service provider separately states the amount charged for such nontaxable mobile telecommunications service or the home service provider elects, after receiving a written request from the customer in the form required by the provider, to provide verifiable data based upon the home service provider's books and

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records that are kept in the regular course of business that reasonably identify the amount charged for such nontaxable mobile telecommunications service. (e)(l) A mobile telecommunications services provider who is obligated to remit or pay the tax levied by this chapter shall be held harmless from any liability, including tax, interest, and penalties, which would otherwise be due solely as a result of an assignment of a place of primary use to an incorrect jurisdiction, if the mobile telecommunications services provider satisfies the requirements of4 U.S.C. Section 120(a).
(2)(A) The department may elect to provide an electronic data base that satisfies the requirements of 4 U.S.C. Section 119. If the department provides such data base, a home service provider using the data contained in such data base shall be held harmless from any liability, including tax, interest, and penalties, which would otherwise be due solely as a result of an assignment of a place of primary use to an incorrect local jurisdiction. (B) Paragraph (I) of this subsection shall apply to a home service provider who is in comp Hance with the terms of such paragraph until the later of:
(i) Eighteen months after the approval described in 4 U.S.C. Section 119(a); or (ii) Six months after the department provides an electronic data base that satisfies the requirements of4 U.S.C. Section 119. (3) A home service provider shall be responsible for obtaining and maintaining the customer's place of primary use. Subject to paragraph (5) of this subsection, if the home service provider's reliance on information provided by its customer is in good faith: (A) The home service provider shall be entitled to rely on the applicable residential or business street address supplied by such customer; and (B) The home service provider shall be held harmless from liability for any additional tax, including any related interest or penalties, which is based on a different determination ofsuch customer's place ofprimaryuse. (4) Except as provided in paragraph (5) ofthis subsection, a home service provider shall be allowed to treat the address used for purposes of the tax levied by this chapter for any customer under a service contract in effect on August I, 2002, as that customer's place of primary use for the remaining term of such service contract or agreement, excluding any extension or renewal of such service contract or agreement. (5)(A) Ifthe department determines that the address used by a home service provider as a customer's place of primary use does not meet the defmition of 'place of primary use,' the department shall notify such customer of such determination and provide such customer an opportunity to demonstrate that such address satisfies such definition. (B) If the customer fails to demonstrate that the address meets the definition of such customer's place of primary use, the department shall provide the home service provider with the proper address to be used as such customer's place of primary use, and the home service provider shall begin using the

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address provided by the department as such customer's place of primary use in the next full billing period. (6)(A) If the department determines that the assignment of a taxing jurisdiction by a home service provider does not reflect the correct taxing jurisdiction, the department shall notify the home service provider of such determination and provide such home service provider an opportunity to demonstrate that the assignment represents the correct taxing jurisdiction. (B) If the home service provider fails to demonstrate that the assignment reflects the correct taxing jurisdiction, the department shall provide the home service provider with the correct taxing jurisdiction to be used, and the home service provider shall begin using the taxing jurisdiction provided by the department in the next full billing period. (f) A home service provider shall identify each customer's place of primary use and shall provide at least quarterly a complete listing of the total number of customers to the Georgia Emergency Management Agency. The home service provider shall indicate in such report whether it is employing an enhanced ZIP Code to assign each street address to a specific taxing jurisdiction so as to qualify for the safe harbor provisions of 4 U.S.C. Section 120. Further, each home service provider shall, upon request, provide information showing the total number of billings and the amount of fees collected to any taxing jurisdiction as to the customers whose place of primary use is within the jurisdiction of such taxing jurisdiction; provided, however, that in no event shall customer identification be required to be released. Such information shall initially be made available not later than July 1, 2006. (g) A home service provider shall clearly state on each customer bill or invoice the following information: ( 1) The taxing jurisdiction to which each tax and fee charged to the customer is paid and the amount paid to each taxing jurisdiction; provided, however, that such information shall initially be made available not later than July 1, 2006; and (2) An address, telephone number, or electronic method for the customer to send the notification required by subsection (c) of this Code section or otherwise:

SECTION 11. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure not required and disclosure of exempting legal authority, is amended by striking in its entirety paragraph (16) of subsection (a) and inserting in lieu thereofthe following:
'( 16) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency 9-1-1 system, as defined in paragraph (3) of Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which information may be redacted from such records if necessary to prevent the disclosure of the identity of a confidential

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source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence ofa confidential surveillance or investigation; or'

SECTION 12. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2005.

HIGHWAY- MOTOR VEHICLESFLEXAUTO LANES.
No. 135 (House Bill No. 273).
AN ACT
To amend Titles 32 and 40 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries and motor vehicles and traffic, respectively, so as to authorize the Department of Transportation to implement FlexAuto lanes; to provide that a FlexAuto lane shall be an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane for use by automobiles only during certain hours; to state legislative findings, determinations, and recommendations; to defme a term; to provide for striping, marking, and signage of FlexAuto lanes; to regulate the use of such lanes and provide for criminal punishment of violations; to provide for conditions and limitations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. The General Assembly finds and determines and recommends as follows:
(1) The Georgia Department of Transportation has a job of overwhelming proportions and addresses the ever-increasing transportation needs of the state through the hard work and dedication of outstanding leaders and staff; (2) There is a need in this state to reduce emissions and improve air quality by increasing traffic flow and reducing traffic congestion and decreasing drive times; (3) The Department of Transportation is urged to use creative and innovative methods to deal with gridlock and traffic congestion in Georgia and especially in the metropolitan areas;

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(4) Upon pas sage of this enabling legislation, the department 1s urged to implement FlexAuto lanes where applicable and to commence the implementation of such lanes in as timely a manner as is practicable; (5) The Department of Transportation is requested specifically to identify 20 major areas with a history of traffic congestion in and around our state that will derive the most benefit from the use of FlexAuto lanes and, after identifying these areas, to create and rapidly implement a plan for use of such lanes in such areas; (6) Studies and construction models used successfully in other areas within this country and others should be used as models where traffic flow was improved and emissions reduced by using creative and innovative methods to deal with gridlock and traffic congestion; and (7) The model used in Virginia is being studied by Israel, France, Japan, Germany, and England.

SECTION 2. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries is amended by adding after Code Section 32-9-4 a new Code Section 32-9-4.1 to read as fullows:
"32-9-4.1. (a) As used in this Code section, the term 'FlexAuto lane' means an area designated as a special lane of travel created by converting emergency lane and hard shoulder areas on the left or right side of an interstate highway or other road into a rush hour traffic lane fur use by automobiles during certain hours. (b) The department, with the approval of the board, is authorized to designate FlexAuto lanes on the state highway system for the purpose of improving traffic flow in and around areas with a history of traffic congestion. (c) Any FlexAuto lane shall be appropriately striped and marked and shall have signage appropriate to indicate its nature, as determined by the department. The department may incorporate emergency havens, emergency ramps, or emergency parking pads into the design and creation of FlexAuto lanes, as determined appropriate by the department. (d) The hours of usage of a FlexAuto lane shall be determined by the department, not to exceed eight hours per day. (e) It shall be unlawful for any person operating any motor vehicle to use a FlexAuto lane for purposes of travel other than emergency use outside the permitted hours of travel use, as determined and posted by the department. It shall be unlawful for any person operating any motor vehicle other than an automobile, motorcycle, or light truck to use a FlexAuto lane for purposes of travel other than emergency use at any time. (f) Prior to implementing this Code section, the department shall, if necessary, seek to secure and implement any federal approvals, waivers, or other actions necessary or appropriate in order to implement this Code section without any loss or impairment of federal funding.

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(g) FlexAuto lanes shall not be implemented at more than 80 separate locations in the state until such time as the department has completed a one-year test use of such lanes:

SECTION 3. Title 40 of the 0 fficial Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding at the end of Code Section 40-6-5 0, relating to use of divided highways, controlled-access roadways, and emergency lanes, a new subsection (d) to read as follows:
'(d) Nothing in this Code section shall prohibit the use of a FlexAuto lane in the manner permitted under Code Section 32-9-4.1:

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2005.

LOCAL GOVERNMENT - INTERLOCAL AGREEMENTS.
No. 137 (House Bill No. 570).
AN ACT
To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the comprehensive regulation of interlocal agreements; to provide for a short title; to provide for legislative purposes; to provide for definitions; to provide for procedures, conditions, and limitations with respect to such agreements; to provide for the status of such agreements; to provide for approval or disapproval of such agreements; to provide for funding, property, personnel, and services; to provide for the cumulative nature of such agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by adding a new chapter immediately following Chapter 69, to be designated Chapter 69A, to read as follows:

'CHAPTER 69A

36-69A-1. This chapter shall be known and may be cited as the 'Interlocal Cooperation Act.'

36-69A-2. It is the purpose of this chapter to permit counties and municipalities in this state the most efficient use of their powers by enabling them to cooperate with localities in other states on a basis of mutual advantage and provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development oflocal communities.

36-69A-3. As used in this chapter, the term:
( l) 'Public agency' means: (A) Any political subdivision of this state other than a county school district or independent school district; (B) Any volunteer fire department; (C) Any volunteer rescue squad; (D) Any agencyofthe state government or ofthe United States; and (E) Any political subdivision of another state.
(2) 'State' means a state of the United States.

36-69A-4. (a) Any power or powers, privileges, or authority exercised or capable of exercise by a public agency of this state may be exercised and enjoyed jointly with any other public agency of any other state or of the United States to the extent that laws of such other state or of the United States permit such joint exercise or enjoyment. The authority for joint or cooperative action of political subdivisions shall apply to powers, privileges, or authority vested in, funded by, or under the control of their governing bodies. (b) Any public agency in this state may enter into agreements with a public agency in another state for joint or cooperative action pursuant to the provisions of this chapter to effectuate the purposes of this chapter. Appropriate action of the governing bodies of the participating public agencies by resolution or otherwise pursuant to law shall be necessary before any such agreement may enter into force. Any such agreement shall be subject to the requirements provided by the Constitution and general laws of this state with respect to intergovernmental contracts.

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(c) Any such agreement shall specify the following: (1) The precise organization, composition, and nature of any separate legal or administrative entity or entities created thereby, which may include, but is not limited to, a corporation not for profit, together with the powers delegated to such a corporation; (2) Its purpose or purposes; (3) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget for such undertaking; (4) The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination; and (5) Any other necessary and proper matters.
(d) In the event that the agreement does not establish a separate legal entity or entities to conduct the joint or cooperative undertaking, the agreement shall, in addition to the requirements of subsection (c) of this Code section contain the following:
( 1) Provision for an administrator or a joint board responsible for administering the joint or cooperative undertaking. In the case of a joint board, public agencies party to the agreement shall be represented; and (2) The manner of acquiring, holding, and disposing of real and personal property used in the joint or cooperative undertaking. (e)(1) No agreement made pursuant to this chapter shall relieve any public agency of any obligation or responsibility imposed upon it by law, except that, to the extent of actual and timely performance thereofby a joint board or other legal or administrative entity or entities created by an agreement made hereunder, those performances may be offered in satisfaction of the obligation or responsibility.
(2)(A) A separate legal or administrative entity, created by interlocal agreement under this chapter, is not empowered to:
(i) Assess, levy, or collect ad valorem taxes; (ii) Issue general obligation bonds; or (iii) Exercise the power of eminent domain. (B) However, to the extent that the participating political subdivisions possess such powers, the political subdivisions may exercise such powers on behalf and for the benefit of the separate legal or administrative entity. (f)(l) Any agreement under this chapter shall contain provisions for the following: (A) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (B) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract;

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(C) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and (D) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality. (2) In addition to the provisions enumerated in paragraph (1) of this subsection, any contract authorized by this chapter may include: (A) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the county or municipality under the contract; or (B) Any other provision reasonably necessary to protect the interests of the county or municipality. (3) Any contract developed under this chapter containing the provisions enumerated in paragraph (1) of this subsection shall be deemed to obligate the county or municipality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term. (4) No contract developed and executed pursuant to this chapter shall be deemed to create a debt of the county or municipality for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (5) No contract developed and executed pursuant to this chapter may be delivered if the principal portion of such contract, when added to the amount of debt incurred by any county or municipality pursuant to Article IX, Section V, Paragraph I of the Constitution of Georgia, exceeds 10 percent of the assessed value of all taxable property within such county or municipality.

36-69A-5. An agreement entered into pursuant to this chapter between or among one or more counties or municipalities ofthis state and one or more public agencies of another state or of the United States shall not constitute a waiver of sovereign immunity. All of the privileges and immunities from liability; exemption from laws, ordinances, and rules; and all pension, insurance, relief, disability, workers' compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such political subdivision or institution within the University System of Georgia when performing their respective functions within the territorial limits of their respective political subdivisions or campuses shall apply to such officers, agents, or employees to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this chapter relating to mutual aid. The provisions of this Code section shall apply with equal effect to paid, volunteer, and auxiliary employees. In any case or controversy involving performance or interpretation thereof or liability thereunder, no action may be

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brought except in the state or superior court of the county in this state which executed the agreement or the county in this state in which a city in this state is located which executed the agreement.

36-69A-6. In the event that an agreement made pursuant to this chapter shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by such state officer or agency as to all matters within such officer's or agency's jurisdiction.

36-69A-7. Any county or municipality entering into an agreement pursuant to this chapter may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish.

36-69A-8. Any one or more counties or municipalities in this state may contract with any one or more public agencies of another state to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform; provided, however, that such contract shall be authorized by the governing body of each party to the contract. Such contract shall set furth fully the purposes, powers, rights, objectives, and responsibilities ofthe contracting parties.

36-69A-9. The authority of this chapter shall be cumulative to and in addition to any rights, powers, or authority otherwise authorized under the Constitution or general laws ofthis state.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 3, 2005.

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MOTOR VEHICLES -UNLAWFUL TO COVER LICENSE PLATE.

No. 138 (Senate Bill No. 93).

AN ACT

To amend Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to prohibit the use of plastic, other types of material, or body parts covering license plates; 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 I of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by inserting immediately following Code Section 40-2-6 a new Code Section 40-2-6.1 to read as follows:
'40-2-6.1. Any person who willfully covers any license plate with plastic, other material, or any part of his or her body in order to prevent or impede the ability of surveillance equipment to clearly photograph or otherwise obtain a clear image of the license plate is guilty of a misdemeanor and shall be punished by a fine not to exceed $1 ,000.00.'

SECTION 2. This Act shall become effective on July 1, 2005.

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

Approved May 3, 2005.

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HEALTH- INSURANCE- PATIENT ACCESS TO EYE CARE.

No. 139 (Senate Bill No. 81 ).

AN ACT

To amend Article 2 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, known as the "Patient Access to Eye Care Act" and further relating to the blindness education, screening, and treatment program, and Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to recodifY the provisions relating to patient access to eye care as a portion of Title 33, the "Georgia Insurance Code"; to provide fur enforcement by the Commissioner of Insurance and the powers of the Commissioner related thereto; to repeal conflicting laws; and fur other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 2 of Chapter 1 ofTitle 31 of the Official Code of Georgia Annotated, known as the ''Patient Access to Eye Care Act" and further relating to the blindness education, screening, and treatment program, is amended by striking Code Sections 31-1-20,31-1-21, and 31-1-22, relating to a short title, definitions, and health care insurers providing benefit plans including eye care, and inserting in their place the following:
'31-1-20. Reserved.

31-1-21. Reserved.

31-1-22. Reserved.'

SECTION 2. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end thereof a new Code Section 33-24-59.12 to read as follows:
'33-24-59.12. (a) This Code section shall be known and may be cited as the 'Patient Access to Eye Care Act.' (b) As used in this Code section, the term:
( 1) 'Covered person' means an individual enrolled in a health benefit plan or an eligible dependent thereof.

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(2) 'Covered services' means those health care services which a health care insurer is obligated to pay for or provide to a covered person under a health benefit plan. (3) 'Eye care' means those health care services and materials related to the care of the eye and related structures and vision care services which a health care insurer is obligated to pay for or provide to covered persons under the health benefit plan. (4) 'Health benefit plan' means any public or private health plan, program, policy, or agreement implemented in this state which provides health benefits to covered persons, including but not limited to payment and reimbursement for health care services. (5) 'Health care insurer' means an entity, including but not limited to insurance companies, hospital service nonprofit corporations, nonprofit medical service corporations, health care corporations, health maintenance organizations, and preferred provider organizations, authorized by the state to offer or provide health benefit plans, programs, policies, subscriber contracts, or any other agreements of a similar nature which compensate or indemnify health care providers for furnishing health care services. (c) A health care insurer providing a health benefit plan which includes eye care benefits shall: (I) Not set professional fees or reimbursement for the same eye care services as defmed by established current procedural terminology codes in a manner that discriminates against an individual eye care provider or a class of eye care providers; (2) Not preclude a covered person who seeks eye care from obtaining such service directly from a provider on the health benefit plan provider panel who is licensed to provide eye care; (3) Not promote or recommend any class of providers to the detriment of any other class of providers for the same eye care service; (4) Ensure that all eye care providers on a health benefit plan provider panel are included on any publicly accessible list of participating providers for the plan; (5) Allow each eye care provider on a health benefit plan provider panel, without discrimination between classes of eye care providers, to furnish covered eye care services to covered persons to the extent permitted by such provider's licensure; (6) Not require any eye care provider to hold hospital privileges or impose any other condition or restriction for initial admittance to a provider panel not necessary for the delivery of eye care upon such providers which would have the effect of excluding an individual eye care provider or class of eye care providers from participation on the health benefit plan; and (7) Include optometrists and ophthalmologists on the health benefit plan provider panel in a manner that ensures plan enrollees timely access and geographic access.

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(d) Nothing in this Code section shall preclude a covered person from receiving eye care or other covered services from the covered person's personal physician in accordance with the terms of the health benefit plan. (e) A person adversely affected by a violation of this Code section by a health care insurer may bring an action in a court of competent jurisdiction for injunctive relief against such insurer and, upon prevailing, in addition to any injunctive relief that may be granted, shall recover from such insurer damages of not more than $100.00 and attorney's fees and costs. (f) Nothing in this Code section requires a health benefit plan to include eye care benefits. (g) The Commissioner is authorized to enforce this Code section and, in doing so, to exercise the powers granted to the Commissioner by Code Section 33-2-24 and any other provisions ofthis title.'

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

Approved May 3, 2005.

STATE GOVERNMENT- COMMERCE- CONSERVATIONCOURTS- DOMESTIC RELATIONS- EDUCATIONGENERAL ASSEMBLY- LABOR- PUBLIC OFFICERS - RETIREMENT -REVENUE - STATE ACCOUNTING OFFICE; CREATE.
No. 140 (House Bill No. 293).
AN ACT
To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, Title 12 of the 0 fficial Code of Georgia Annotated, relating to conservation and natural resources, Title 15 of the Official Code of Georgia Annotated, relating to courts, Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, Title 20 of the Official Code of Georgia Annotated, relating to education, Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, and Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to create the State Accounting Office; to provide for a state accounting officer; to provide for the appointment and removal of such officer; to provide for staff and

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offices; to provide for duties and responsibilities of such officer; to provide for certain reports and information to be provided to such officer by state organizations; to provide a definition; to authorize such officer to promulgate certain rules and regulations relating to travel expenses; to provide for related matters; to transfer certain duties and functions from the state auditor to the state accounting officer; to provide for the state accounting officer to receive certain reports; to change certain references from the Department of Audits and Accounts to the State Accounting Office; to remove certain functions and responsibilities from the state auditor; to repeal Resolution Act No. 48 (Senate Resolution No. 101), approved April 19, 1979 (Ga. L. 1979, p. 1365), relating to the development, issuance, review, and revision of employee travel reimbursement policies by the Department of Audits and the Office of Planning and Budget; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding a new Chapter 5B to read as follows:

'CHAPTER 5B

50-SB-1. (a) The State Accounting Office is created and shall be administered by the state accounting officer. (b) The state accounting officer shall be appointed by the Governor and shall serve at the pleasure of the Governor. (c) Beginning July I, 2005, the state accounting officer shall receive an annual salary to be set by the Governor. The state accounting officer shall also be reimbursed for all actual and necessary expenses incurred by him or her in carrying out his or her official duties. (d) The state accounting officer shall be required to take and subscribe before the Governor an oath to discharge faithfully and impartially the duties of such office, which oath shall be in addition to the oath required of all civil officers.

50-SB-2. (a) The state accounting officer shall establish such units within the State Accounting Office as he or she deems proper for its administration and shall designate persons to be directors and assistant directors of such units to exercise such authority as he or she may delegate to them in writing. (b) The state accounting officer shall have the authority, within budgetary limitations, to employ as many persons as he or she deems necessary for the administration of the office and for the discharge of the duties of the office. The state accounting officer shall issue all necessary directions, instructions, orders, and rules applicable to such persons. He or she shall have authority, as he or she

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deems proper, to employ, assign, compensate, and discharge employees of the office within the limitations of the office's appropriation, the requirements of the state merit system, and restrictions set forth by law.

50-5B-3. (a) The state accounting officer shall:
(1) Prescribe state-wide accounting policies, procedures, and practices; (2) Prescribe, develop, operate, and maintain uniform state accounting systems for all state organizations which facilitate financial accounting and reporting in accordance with generally accepted accounting principles and also meet state and federal accounting and financial reporting requirements; (3) Prescribe the manner in which disbursements shall be made by state organizations; (4) Prescribe and supervise the installation of any changes in the state accounting information systems necessary to secure and maintain internal control and facilitate the recording of accounting data for the purpose of preparing reliable, timely, and meaningful statements and reports; (5) Manage the state's accounting, payroll, and human capital systems; (6) Using generally accepted accounting principles, prepare the state's financial statements and other reports in accordance with legal requirements; (7) Provide annual fmancial statements and other reports to the state auditor and other auditors, as appropriate, for review and certification when required by statute or federal regulation; (8) Develop interim reports on the financial condition and budgetary compliance of the state and various state organizations; (9) Determine the proper classification for accounting and reporting purposes of all assets, liabilities, revenues, expenditures, fund balances, funds, and accounts in compliance with legal requirements and generally accepted accounting principles and prescribe a uniform classification of accounts and other accounting identifiers which shall be used by all state organizations; (10) Develop processes and systems to improve accountability and enhanced collection of accounts receivable due to the state. In developing these processes, the state accounting officer may prescribe procedures to allow for the recognition of uncollectible accounts for financial reporting purposes. He or she may also develop guidelines to allow uncollectible debts to be removed from active collection processes. This recognition shall not remove or diminish the state's claim on accounts or debt owed to the state; and ( 11) Develop processes and systems to improve accountability and enhance efficiency for disbursement of funds and management of accounts payable. (b) The state accounting officer may recommend processes and systems to improve the cash management practices of the state to the State Depository Board. The state accounting officer in cooperation with the Office of Treasury and Fiscal Services may prescribe policies and procedures to implement the policies ofthe board.

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50-5B-4. (a) As used in this chapter, the term 'organization of state government' shall mean, without limitation, any agency, authority, department, institution, board, bureau, commission, committee, office, or instrumentality of the State of Georgia. Such term shall not include any entity of local government, including, but not limited to, a county, municipality, consolidated government, board of education, or local authority, or an instrumentality of any such entity. (b) All organizations of state government and all officers, agents, and employees thereof shall conform to and comply with the rules, regulations, policies, procedures, and forms devised, promulgated, and installed by the state accounting officer. (c) All organizations of state government shall submit statements, reports, information, and data necessary to enable the state accounting officer to complete the reports required under this Code section and Code Section 50-5B-3. (d) All organizations of state government may only create and maintain accounting systems or subsidiary accounting systems that have been approved by the state accounting officer. (e) All organizations of state government shall provide lease information to the state accounting officer to permit the state accounting officer to properly account for and report all capital and operating leases. (f) All organizations of state government shall provide information to the state accounting officer necessary to properly account for and report real property and personal property. (g) All information and reports required in this Code section shall be provided in the form and within the time frame prescribed by the state accounting officer.

50-5B-5. The state accounting officer in cooperation with the Office of Planning and Budget is authorized to and shall adopt rules and regulations governing in-state and out-of-state travel and travel reimbursement that promote economy and efficiency in state government and which treat employees fairly and equitably.'

SECTION 2. Said title is further amended by striking subsection (e) ofCode Section 50-5-196, relating to the Distance Learning and Telemedicine Network Governing Board, and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) Members of the governing board shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this part in accordance with state travel regulations promulgated by the State Accounting Office in the same manner that employees of the state merit system are reimbursed."

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SECTION 3. Said title is further amended by striking paragraph (~) of subsection (a) of Code Section 50-5 A-7, relating to duties of the Office of Treasury and Fiscal Services generally, and inserting in lieu thereof a new paragraph (2) to read as fullows:
'(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 accounting officer;'.

SECTION 4. Said title is further amended by striking paragraph (5) of subsection (e) of Code Section 50-5A-ll, relating to exceptions from public inspection for records of the Office of Treasury and Fiscal Services, and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) Given to the Governor, the Attorney General and the Department of Law, the Office of Planning and Budget, officers of the General Assembly, the legislative budget offices, the state accounting officer and the State Accounting Office, the state auditor and the Department of Audits and Accounts, or the State Depository Board for use and public disclosure in the ordinary performance ofthose officers' and offices' duties.'

SECTION 5. Said title is further amended by striking Code Section 50-6-7, relating to state officials to confurm to rules of state auditor and produce books, records, and other papers for examination, and inserting in lieu thereof a new Code Section 50-6-7 to read as follows;
'50-6-7. All officers, agents, employees, departments, institutions, commtsswns, and bureaus of the state shall produce and turn over to the state auditor or his or her assistants for examination and audit, whenever demanded by the state auditor, all of their books, records, accounts, vouchers, warrants, bills, and other papers dealing with or reflecting upon the financial transactions and management of such department, institution, agency, commission, bureau, or officer, including any and all cash on hand, but not including cash in banks, the amount of cash in banks to be ascertained by certificate furnished the state auditor by the bank.'

SECTION 6. Said title is further amended by striking paragraph (1) of Code Section 50-6-24, relating to the duties and powers of the state auditor generally, and inserting in lieu thereof a new paragraph (1) to read as follows:
'( 1) Reserved;'.

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SECTION 7. Said title is further amended by striking Code Section 50-6-26, relating to the preparation and publication of forms by the state auditor, and inserting in lieu thereofa new Code Section 50-6-26 to read as follows:
'50-6-26. Reserved.'

SECTION 8. Said title is further amended by striking Code Section 50-9-8 1, relating to the director and employees of the Agency fur Removal of Hazardous Materials, and inserting in lieu thereof a new Code Section 50-9-81 to read as fullows:
'50-9-81. The Governor shall appoint a director of the agency who shall serve at the pleasure of the Governor. The Governor may appoint as the director an officer or employee of another department or authority of the state, and if he or she does so, such person shall hold the office of director ex officio without further compensation except for normal reimbursement of actual expenses as provided for in the rules of the state accounting officer and the Office of Planning and Budget. The director shall employ such employees of the agency as may be necessary to carry out its purposes:

SECTION 9. Said title is further amended by striking Code Section 50-12-77, relating to reports by overview committees concerning the Georgia Aviation Hall of Fame, and inserting in lieu thereof a new Code Section 50-12-77 to read as follows:
'50-12-77. The Georgia Aviation Hall of Fame Board shall cooperate with the committees, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committees, set forth in this subpart, may be timely and efficiently discharged. The board shall submit to the committees such reports and data as the committees shall reasonably require of the board in order that the committees may adequately perform their functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Aviation Hall of Fame or the Georgia Aviation Hall of Fame Board. The committees shall, on or before the first day of January of each year, and at such other times as they deem necessary, submit to the General Assembly a report of their findings and recommendations based upon the review of the Georgia Aviation Hall ofF arne, as set forth in this subpart:

SECTION 10. Said title is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:

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'(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in fuvor of such agency or department when such obligation or charge is $100.00 or any lesser amount unless the agency or department belongs to the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education, in which case the obligation or charge in fuvor of the institution under 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 amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of $100.00 or less, or $3,000.00 or less for the institutions of the Board of Regents of the University System of Georgia or the Department of Technical and Adult Education, has been deemed to be uncollectable, 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 account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's financial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department.'

SECTION 11. Said title is further amended by striking subsection (b) of Code Section 50-16-18, relating to writing off small amounts due to the state, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) All state agencies and departments, in order to preserve public funds, are authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to consider administratively discharging any obligation or charge in favor of such agency or department when such obligation or charge is $100.00 or any lesser amount. This procedure shall not be available to such agency or department in those instances where the obligor has more than one such debt or obligation in any given fiscal year, and this provision shall be construed in favor of the state agency or department so as not to alter the unquestioned ability of such state

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agency or department to pursue any debt, obligation, or claim in any amount whatsoever. In those instances where a debt or obligation of$100.00 or less has been deemed to be uncollectable, 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 account together with a recommendation to the commissioner of such state agency or department. In those instances where the commissioner makes a determination that further collection efforts would be detrimental to the public's fmancial interest, a certificate reflecting this determination shall be executed, and this certificate shall serve as the authority to remove such uncollectable accounts from the financial records of such state agency or department. Such certificates shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the state agency or department."

SECTION 12. Said title is further amended by striking subsections (a) and (b) of Code Section 50-16-32, relating to the State Properties Commission, and inserting in lieu thereof new subsections (a) and (b) to read as follows:
'(a) There is created within the executive branch of state government a public body which shall be known as the State Properties Commission and which shall consist often members and be composed of the Governor; the Secretary of State; the director of the Office of Treasury and Fiscal Services; the state accounting officer; three citizens appointed by the Speaker of the House of Representatives for terms ending on April 1 in each odd-numbered year; and three citizens appointed by the Lieutenant Governor for terms ending on April 1 in each odd-numbered year. The term of office of the appointed members of the commission is continued until their successors are duly appointed and qualified. The Lieutenant Governor may serve as an appointed citizen member. (b) The Governor shall be the chairperson of the commission, the state accounting officer shall be its vice chairperson, and the Secretary of State shall be its secretary. Six members ofthe commission shall constitute a quorum. No vacancy on the commission shall impair the right of the quorum to exercise the powers and perform the duties of the commission. With the sole exception of acquisitions of real property, which acquisitions shall require six affirmative votes of the membership of the commission present and voting at any meeting, the business, powers, and duties of the commission may be transacted, exercised, and performed by a majority vote of the commission members present and voting at a meeting when more than a quorum is present and voting or by a majority vote of a quorum when only a quorum is present and voting at a meeting. An abstention in voting shall be considered as that member not being present and not voting in the matter on which the vote is taken. No person may be appointed, elected, or serve on the commission who is a member of the legislative or judicial branch of government. In the event any ex officio member is determined to be

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in either the legislative or judicial branch of government, the General Assembly declares that it would have passed this article without such ex officio position on the commission and would have reduced the quorum and vote required of the commission on all actions accordingly.'

SECTION 13. Said title is further amended by striking paragraph (3) of subsection (b) of Code Section 50-17-23, relating to general obligation and guaranteed revenue debt, and inserting in lieu thereof a new paragraph (3) to read as follows:
'(3) MINIMUM BALANCE REQUIRED; EXCESS MONEYS; INVESTMENTS. The amount to the credit of the common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of such fund. If at the end of any fiscal year of the state the fund is in excess of the required amount, the director of the Office of Treasury and Fiscal Services, upon certification of the state accounting officer, shall transfer such excess to the general funds of the state, free of such trust. The funds in the common reserve shall be as fully invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the state. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from the date ofpurchase.'

SECTION 14. Said title is further amended by striking Code Section 50-17-50, relating to the State Depository Board, and inserting in lieu thereof a new Code Section 50-17-50 to read as follows:
'50-17-50. The State Depository Board, referred to in this article as the 'board,' is created, consisting of the Governor, the Commissioner of Insurance, the state accounting officer, the commissioner of banking and fmance, the state revenue commissioner, the commissioner of transportation, and the director of the Office of Treasury and Fiscal Services, referred to in this article as the 'director,' who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. The board, in its discretion, may name and appoint, from time to time, as state depositories of state funds any bank or trust company which has its deposits insured by the Federal Deposit Insurance Corporation. The board may also name and appoint as state depositories of state funds any building and loan association or federal savings and loan association which has its deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union Deposit Corporation. The board may also authorize any department, board, bureau, or other agency of the state which

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has a foreign office to deposit state funds for current operating expenses in certain foreign banks, the deposits of which are not insured by the Federal Deposit Insurance Corporation, provided the balance of such deposits in any one foreign bank does not exceed limits prescribed by the State Depository Board. For the purposes of this article, 'foreign bank' shall mean a bank organized under the laws of a foreign country. The board is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3:

SECTION 15. Said title is further amended by striking Code Section 50-25-7.10, relating to quarterly reports required of executive director of Georgia Technology Authority, and inserting in lieu thereof a new Code Section 50-25-7.10 to read as follows:
'50-25-7 .1 0. The executive director shall submit to the director of the Office of Planning and Budget and the state accounting officer on a quarterly basis a report of all activity regarding technology and technology resources for each agency and the authority. The report shall accurately represent all financial details including current cash balances, line item detail on expenditures including systems development, personal services, and equipment from the previous quarter and anticipated expenditures for the upcoming quarter, projected year-end balance, depreciated value of capital equipment, and balances of reserve funds established for capital equipment, as well as a status report on personnel position changes including new technology related positions created and existing technology related positions eliminated. The authority spending reports shall comply with the state accounting system object codes.'

SECTION 16. Said title is further amended by striking Code Section 50-25-7.12, relating to joint development of budgeting and accounting system for technology resources, and inserting in lieu thereof a new Code Section 50-25-7.12 to read as follows:
'50-25-7 .12. The authority, the Office of Planning and Budget, and the state accounting officer shall jointly develop a system for budgeting and accounting of expenditures for technology resources. This system must integrate seamlessly with the technology portfolio management system. Annual reports regarding technology shall be coordinated by the authority with the Office of Planning and Budget and the state accounting officer and submitted to the Governor, General Assembly, and the board on or before October 1 of each year. The authority may adopt an accrual method of accounting.'

SECTION 17. Said title is further amended by striking paragraph (7) of subsection (a) of Code Section 50-27-11, relating to duties of the chief executive officer of the Georgia

GENERAL ACTS AND RESOLUTIONS, VOL. I
Lottery Corporation, and inserting in lieu thereof a new paragraph (7) to read as follows:
'(7) Report quarterly to the state auditor, the state accounting officer, and the board a full and complete statement of lottery revenues and expenses for the preceding quarter; and'.
SECTION 18. Said title is further amended by striking subsection (f) of Code Section 50-27-13, relating to disposition of lottery proceeds, and inserting in lieu thereof a new subsection (f) to read as follows:
'(f) In compliance with the requirement of the Constitution that there shall be a separate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any program or project started specifically from lottery proceeds be continued from the general fund; such programs must be adjusted or discontinued according to available lottery proceeds unless the General Assembly by general law establishes eligibility requirements and appropriates specific funds within the general appropriations Act; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Account shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state accounting officer shall not include the net proceeds.'
SECTION 19. Said title is further amended by striking Code Section 50-27-33, relating to reports by the Georgia Lottery Corporation, and inserting in lieu thereof a new Code Section 50-27-33 to read as follows:
'50-27-33. To ensure the financial integrity of the lottery, the corporation through its board of directors shall:
( 1) Submit quarterly and annual reports to the Governor, state auditor, the state accounting officer, and the oversight committee created by Code Section 50-27-34, disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the corporation during the reporting period. The annual report shall additionally describe the organizational structure of the corporation and summarize the functions performed by each organizational division within the corporation; (2) Adopt a system of internal audits; (3) Maintain weekly or more frequent records oflottery transactions, including the distribution oftickets or shares to retailers, revenues received, claims for

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prizes, prizes paid, prizes forfeited, and other financial transactions of the corporation; (4) Contract with a certified public accountant or firm for an annual financial audit of the corporation. The certified public accountant or firm shall have no financial interest in any vendor with whom the corporation is under contract. The certified public accountant or firm shall present an audit report not later than four months after the end of the fiscal year. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit shall be an operating expense of the corporation. The state auditor may at any time conduct an audit of any phase of the operations of the Georgia Lottery Corporation at the expense of the state and shall receive a copy of the annual independent fmancial audit. A copy of any audit performed by the certified public accountant or firm or the state auditor shall be transmitted to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, the state auditor, the state accounting officer, and the oversight committee chairperson; (5) Submit to the Office of Planning and Budget, the state auditor, and the state accounting officer by June 30 of each year a copy of the annual operating budget for the corporation for the next fiscal year. This annual operating budget shall be approved by the board and be on such forms as prescribed by the Office of Planning and Budget; (6) For informational purposes only, submit to the Office of Planning and Budget on September 1 of each year a proposed operating budget for the corporation for the succeeding fiscal year. This budget proposal shall also be accompanied by an estimate of the net proceeds to be deposited into the Lottery for Education Account during the succeeding fiscal year. This budget shall be on such forms as prescribed by the Office of Planning and Budget; and (7) Adopt the same fiscal year as that used by state government.'

SECTION 20. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by striking Code Section 10-9-22, relating to authority of the Geo. L. Smith II World Congress Center Authority to cooperate with certain entities, and inserting in lieu thereof a new Code Section 10-9-22 to read as follows:
'1 0-9-22. The Geo. L. Smith II Georgia World Congress Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this article, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Geo. L. Smith II Georgia World Congress Center

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Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Geo. L. Smith II Georgia World Congress Center Authority, as set forth in this chapter.'

SECTION 21. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by striking Code Section 12-3-22, relating to the reporting requirements of certain associations and authorities, and inserting in lieu thereof a new Code Section 12-3-22 to read as follows:
'12-3-22. The Stone Mountain Memorial Association, the Jekyll Island-State Park Authority, the North Georgia Mountains Authority, and the Lake Lanier Islands Development Authority shall cooperate with the committee, its agents, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the duties of the committee set furth in this part may be timely and efficiently discharged. Each of the named authorities shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. At least annually the commissioner of natural resources and the department's director of state parks and historic sites shall make a report to the committee of any legislative changes or revisions that may be needed to assist the named authorities in accomplishing their statutory duties and functions as provided in this chapter, either individually or as a group. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the authorities named in this part. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the chairpersons of the appropriate standing committees of each house of the General Assembly a report of its fmdings and recommendations based upon the review of each of the named authorities, as set forth in this part.'

SECTION 22. Said title is further amended by striking Code Section 12-3-502, relating to the cooperation of the Georgia Agricultural Exhibition Authority, and inserting in lieu thereof a new Code Section 12-3-502 to read as follows:
'12-3-502. The Georgia Agricultural Exposition Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges ofthe committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring

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appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Agricultural Exposition Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its findings and recommendations based upon the review of the Georgia Agricultural Exposition Authority, as set forth in this part.'

SECTION 23. Said title is further amended by striking Code Section 12-3-SS2, relating to the cooperation of the Georgia Music Hall of Fame Authority, and inserting in lieu thereofa new Code Section 12-3-SS2 to read as follows:
'12-3-SS2. The Georgia Music Hall of Fame Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this part, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Music Hall of Fame Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems necessary, submit to the General Assembly a report of its fmdings and recommendations based upon the review of the Georgia Music Hall of Fame Authority, as set forth in this part."

SECTION 24. Title 1S of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 1S-21-14S, relating to the duties of the Brain and Spinal Injury Trust Fund Commission, by striking paragraph (6) of subsection (a) and inserting in lieu thereof a new paragraph (6) to read as follows:
'(6) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter SB of Title SO."

SECTION 25. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended in Code Section 19-14-S, relating to the powers and duties of the State Children's Trust Fund Commission, by striking paragraph (7) of subsection (a) and inserting in lieu thereof a new paragraph (7) to read as follows:
'(7) Conform to the standards and requirements prescribed by the state accounting officer pursuant to Chapter SB of Title SO."

SECTION 26. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by striking subsections (b) and (c) of Code Section 20-2-896, relating to

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the administrative discharge of certain debts, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) In order to conserve the health insurance funds, the commissioner of community health is authorized to develop a procedure that complies with the policies prescribed by the state accounting officer for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state accounting officer at such times as shall be prescribed in the procedure developed by the commissioner and the state accounting officer. Upon receipt ofthe certification, the state accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records ofthe fund.'

SECTION 27. Said title is further amended by striking subsections (b) and (c) of Code Section 20-2-924, relating to the administrative discharge of certain debts, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) In order to conserve the health insurance funds, the commissioner of community health is authorized to develop a procedure that complies with the policies prescribed by the state accounting officer for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of$400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation administratively or judicially; such other information as may be required by the

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procedure developed by the commissioner and the state accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state accounting officer at such times as shall be prescribed in the procedure developed by the commissioner and the state accounting officer. Upon receipt ofthe certification, the state accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the fund."

SECTION 28. Said title is further amended by striking Code Section 20-4-12, relating to expenses and mileage allowance of the State Board of Technical and Adult Education, and inserting in lieu thereof a new Code Section 20-4-12 to read as follows:
'20-4-12. The members of the State Board of Technical and Adult Education who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the State Accounting Office in the same manner that employees of the state merit system are reimbursed. For those State Board of Technical and Adult Education members who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, by the State Board of Technical and Adult Education."

SECTION 29. Said title is further amended by striking subsections (b) and (c) of Code Section 20-15-15, relating to the Georgia Medical Center Authority Overview Committee, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) The state auditor, the state accounting officer, the Attorney General, and all other agencies of state government, upon request by the committee, shall assist the committee in the discharge of its duties set forth in this chapter. The committee may employ not more than two staff members and may secure the services of independent accountants, engineers, and consultants. (c) The Georgia Medical Center Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state auditor, the state accounting officer, and other state agencies in order that the charges of the committee, set forth in this chapter, may be timely and efficiently discharged. The authority shall submit to the committee such reports and data as the committee shall reasonably require of the authority in order that the committee may adequately perform its functions. The Attorney General is authorized to bring appropriate legal actions to enforce any laws specifically or generally relating to the Georgia Medical Center Authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems

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necessary, submit to the General Assembly a report of its fmdings and recommendations based upon the review of the Georgia Medical Center Authority, as set forth in this chapter.'

SECTION 30. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended by striking paragraph (3) of subsection (b) of Code Section 28c 1-8, relating to salary and allowances of members and officers of the General Assembly, and inserting in lieu thereof a new paragraph (3) to read as follows:
'(3) Notwithstanding any other provision ofthis subsection to the contrary, reimbursement of authorized transportation costs incurred by a member of the General Assembly for air travel inside or outside the state at any time shall be limited to the amounts provided for in the state-wide contract. As used in this paragraph, the term 'state-wide contract' means the state-wide contract for airline travel incorporated in the state travel regulations established by the State Accounting Office. This limitation shall not apply, however, if the air travel is between pairs of cities not covered in the state-wide contract, if no state-wide contract is in effect, ifthe contracted flight is other than a nonstop flight, the contracted flight would cause the member undue hardship or would conflict with the member's schedule, or if passage under a state.-wide contract is otherwise not reasonably available. When reimbursement is requested for an amount in excess of the amount provided in the state-wide contract, the member shall sign a statement indicating which of the foregoing exceptions applies.'

SECTION 31. Said title is further amended by striking Code Section 28-10-4, relating to the cooperation of the Georgia Rail Passenger Authority, and inserting a new Code Section28-10-4 to read as follows:
'28-1 0-4. The Georgia Rail Passenger Authority shall cooperate with the committee, its authorized personnel, the Attorney General, the state accounting officer, and the state auditor in order that the committee may efficiently and effectively carry out its duties. The Georgia Rail Passenger Authority shall submit to the committee such reports and data as the committee shall reasonably require of said authority in order that the committee may adequately inform itself of the activities of said authority. The committee shall, on or before the first day of January of each year, and at such other times as it deems to be in the public interest, submit to the General Assembly a report of its fmdings and recommendations based upon the review of the operations of the Georgia Rail Passenger Authority.'

SECTION 32. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by striking subsection (b) of Code Section 34-2-6, relating to

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the specific powers and duties ofthe Commissioner ofLabor, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) Upon a formal determination that a debt or obligation of a former employer who is no longer in business in the State of Georgia to the Department of Labor of $300.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due such department, the Commissioner of Labor shall execute and transmit to the state accounting officer a certification which includes the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate of the costs to pursue collection of the debt or obligation .administratively or judicially; such other information as may be required by the procedure developed by the Commissioner of Labor and that complies with policies prescribed by the state accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the state. The certification shall be made under oath or affirmation and shall be sent to the state accounting officer at such times as shall be prescribed in the procedure developed by the Commissioner of Labor and the state accounting officer. Upon receipt of the certification, the state accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records of the Department ofLabor.'

SECTION 33. Said title is further amended by striking subsection (c) of Code Section 34-8-166, relating to interest on delinquent contribution payments, and inserting in lieu thereof a new subsection (c) to read as follows:
'(c) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Insurance and Labor Committee, and the members of the House Industrial Relations Committee stating the number of cases and the total amount of interest which is waived pursuant to this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose interest was waived, the amount of interest waived, the number of cases, and the specified reasons for each waiver under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, the state accounting officer, and the state auditor."

SECTION 34. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 34-8-1 73, relating to the release or subordination of property subject to lien, and inserting in lieu thereof a new paragraph (2) to read as follows:
'(2) The Commissioner shall file an annual report with the Attorney General, the members of the Senate Insurance and Labor Committee, and the members of the House Industrial Relations Committee, which report shall state the number of cases and the total amount of debt which is compromised under this Code section. The Commissioner shall retain on file for five years a detailed statement listing the names of the employers whose debt was compromised, the

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GENERAL ACTS AND RESOLUTIONS, VOL. I

amount of debt compromised, the number of cases, and the specified reasons for each debt compromise under this Code section. This statement shall be available for review by members of the General Assembly, the Attorney General, the state accounting officer, and the state auditor.'

SECTION 35. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking Code Section 45-7-28.1, relating to employee travel reimbursement, and inserting in its place a new Code Section 45-7-28.1 to read as follows:
'45-7-28.1. Reserved.'

SECTION 36. Said title is further amended by striking paragraph (1 0) of Code Section 45-10-20, relating to definitions concerning conflicts of interest, and inserting in lieu thereof a new paragraph (10) to read as follows:
'( 10) 'State-wide powers' means those powers exercised by public officials which affect and influence all of state government. Public officials who exercise such powers include but are not limited to the Governor, the Lieutenant Governor, members of the General Assembly, Justices of the Supreme Court, Judges of the Court of Appeals, the Secretary of State, the Attorney General, the state auditor, the state accounting officer, the commissioner of administrative services, the commissioner of the State Merit System of Personnel Administration and members of the State Personnel Board, the director of the Office of Planning and Budget, judges ofthe superior courts, and district attorneys.'

SECTION 37. Said title is further amended by striking subsections (b) and (c) of Code Section 45-18-18, relating to the discharge of certain debts and obligations due the health insurance fund, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
'(b) In order to conserve the health insurance funds, the commissioner of community health is authorized to develop a procedure that complies with the policies prescribed by the state accounting officer for the administrative discharge of any debt or obligation due the insurance fund when such debt or obligation is $400.00 or less. This provision shall not be construed to deny to the commissioner the authority to pursue the collection of any debt, obligation, or claim in any amount whatsoever when such pursuit is in the best interest of the insurance fund. (c) Upon a formal determination that a debt or obligation to the insurance fund of $400.00 or less is uncollectable, or that the costs of collection would equal or exceed the amount due the fund, the commissioner of community health shall execute and transmit to the state accounting officer a certification which includes

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the following: a recapitulation of the efforts made to collect the debt or obligation; an estimate ofthe costs to pursue collection ofthe debt or obligation administratively or judicially; such other information as may be required by the procedure developed by the commissioner and the state accounting officer; and a statement that further collection effort would be detrimental to the financial interests of the fund. The certification shall be made under oath or affirmation and shall be sent to the state accounting officer at such times as shall be prescribed in the procedure developed by the commissioner and the state accounting officer. Upon receipt ofthe certification, the state accounting officer shall be authorized to approve the removal of such uncollectable amounts from the financial records ofthe fund."

SECTION 38. Said title is further amended by striking subsection (b) of Code Section 45-18-5 1, relating to the Employee Benefit Plan Council, and inserting in lieu thereof a new subsection (b) to read as follows:
'(b) The members of the council who are in state employment shall serve without compensation but, subject to fund availability, shall be reimbursed by the state department in which they are employed for all necessary expenses that may be incurred in the performance of their duties under this article in accordance with state travel regulations promulgated by the State Accounting Office in the same manner that employees of the state merit system are reimbursed. For those councilmembers who are not in state employment, the expense and mileage allowance shall be the same as that authorized for the General Assembly and shall be payable, subject to fund availability, from the state merit system."

SECTION 39. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Code Section 47-1-14, relating to certain records of retirement systems being exempt from public disclosure, by striking paragraph (5) of subsection (e) and inserting in lieu thereof a new paragraph (5) to read as follows:
'(5) Given to the Attorney General and the Department of Law, the Office of Planning and Budget, the state accounting officer and the State Accounting Office, or the state auditor and the Department of Audits and Accounts for use and public disclosure in the ordinary performance of those officers' and offices' duties."

SECTION 40. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-3-23.1, relating to authorization for the state revenue commissioner to develop standards to discharge debts or obligations barred by the statute of limitations, and inserting in lieu thereof a new Code Section 48-3-23.1 to read as follows:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'48-3-23 .I. In order to preserve public funds and to limit efforts to collect debts or obligations barred by the statute of limitations, the commissioner is authorized to develop appropriate standards that comply with the policies prescribed by the state accounting officer which will provide a mechanism to administratively discharge any debt or obligation in favor of the department when the collection of any obligation or charge, regardless of amount, is barred by the applicable statute of limitations. Certificates identifying such uncollectable accounts shall be forwarded to the state accounting officer in a manner and at such times as are reflected in the standards developed by the state accounting officer and the department.'

SECTION 41. Resolution Act No. 48 (Senate Resolution No. 101), approved Aprill9, 1979 (Ga. L. 1979, p. 1365), relating to the development, issuance, review, and revision of employee travel reimbursement policies by the Department of Audits and the Office of Planning and Budget, is repealed in its entirety.

SECTION 42. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective on July I, 2005. (b) Section II of this Act shall become effective on June 30, 2006. (c) Section I 0 ofthis Act shall stand repealed in its entirety on June 30, 2006.

SECTION 43. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2005.

EDUCATION- GEORGIA HERO (HELPING EDUCATE RESERVISTS AND THEIR OFFSPRING) SCHOLARSHIP.
No. 141 (Senate Bill No. 43).
AN ACT
To amend Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, so as to provide a short title; to establish the Georgia HERO (Helping Educate Reservists and their Offspring) Scholarship; to provide for definitions; to provide for scholarship grants; to provide for application procedures; to provide for rules and

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regulations; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Part 3 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Student Finance Authority, is amended by adding immediately after Subpart 10 a new Subpart 1OA to read as follows:

'Subpart lOA

20-3-485.

As used in this subpart, the term:

(1) 'Approved school' means a school which is a unit of the University System

of Georgia or a branch of the Georgia Department of Technical and Adult

Education, or a private independent nonprofit postsecondary institution eligible

for HOPE Scholarships or grants in accordance with the provisions of Code

Sections 20-3-519 through20-3-519.12.

(2) 'Eligible student' means a person who:

(A)(i) Is enrolled as a full-time or part-time student in an approved

school;

.

(ii) Meets residency requirements to be classified as a legal resident of

Georgia as established pursuant to regulations of the authority and who

remains a citizen of the state while receiving funds under this subpart; and

(iii) Is a member of the Georgia National Guard as such term is defined

in Code Section 38-2-3 or a member of a reserve component of the armed

forces of the United States, which member has completed at least one

qualifying term of service; or

(B) Is a child:

(i) Whose parent was a member of the Georgia National Guard as such

term is defined in Code Section 38-2-3 or a member of a reserve

component of the armed forces of the United States, including a deceased

member, which member completed at least one qualifYing term of service;

(ii) Who was born prior to such qualifying term of service or within nine

months of the beginning of such qualifying term of service; and

(iii) Is 25 years of age or younger who is enrolled as a full-time or

part-time student in an approved school.

(3) 'Georgia HERO Scholarship' means a Georgia Helping Educate Reservists

and their Offspring Scholarship grant as provided for in Code Section

20-3-487.

(4) 'Parent' means the biological parent, adoptive parent, or legal guardian of

a person 25 years of age or younger during the qualifying term of service.

(5) 'Qualifying term of service' means deployment overseas for active service

on or after the effective date of this subpart to a location or locations outside

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of the United States and its territories designated by the United States Department of Defense as a combat zone for a consecutive period of at least 181 days or, in the case of an individual who is killed or receives a 100 percent disability as a result of injuries received in such combat zone, any period of time on active service in such combat zone.

20-3-486. (a) There is granted to each eligible student under subparagraph (A) ofparagraph (2) of Code Section 20-3-486 attending an approved school a Georgia HERO Scholarship grant for a maximum of four award years in the sum of$2,000.00 per award year. No person shall be eligible to receive grant assistance provided under this subsection in excess of$8,000.00. (b) There is granted to each eligible student under subparagraph (B) of paragraph (2) of Code Section 20-3-486 attending an approved school a Georgia HERO Scholarship grant in the sum of$2,000.00 per award year. Such student shall be eligible for one award year for each period of 181 consecutive days that his or her parent was deployed overseas on active service on or after the effective date of this subpart to a location or locations outside of the United States and its territories designated by the United States Department of Defense as a combat zone; provided, however, that a student whose parent was killed or received a 100 percent disability as a result of injuries received in such combat zone shall receive up to a maximum of four award years regardless of the time such student's parent was on active service in such combat zone. No person shall be eligible to receive grant assistance provided under this subsection in excess of $8,000.00. (c) Grant assistance to eligible students under this subpart shall be payable on a pro rata basis based upon whether the student is enrolled full time or part time and the number of semesters or quarters of enrollment. The payment of grants to eligible students under this subpart shall be contingent upon the appropriation of funds by the General Assembly for the purposes of this subpart in annual appropriations Acts of the General Assembly.

20-3-487. (a) Any person meeting the conditions of this subpart may apply to the authority for a grant. Such application shall be submitted in writing on forms prescribed by the authority for such purpose. The applicant shall furnish such information as may be required by the authority for determination of eligibility for the grant. The authority shall approve grant renewals only upon receipt of the recipient's application therefor and upon a finding that the recipient has successfully completed the work of the preceding school period and presents evidence that he or she is a student in good standing at the approved school, that he or she remains a resident of this state, and that he or she remains otherwise qualified to receive such grant under this subpart. (b) The authority is authorized to prescribe such rules and regulations as may be necessary or convenient for administration of this program and to establish

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procedures for determination of eligibility of applicants. The authority is also authorized to establish standards and procedures for verizying the service ofthe applicant or the applicant's parent, as appropriate, in a combat zone for the requisite period oftime.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 3, 2005.

EDUCATION- GEORGIA MASTER TEACHER PROGRAM; ACADEMIC COACH PROGRAM;
LIABILITY INSURANCE.
No. 142 (Senate Bill No. 34).
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to provide for legislative findings; to provide for the establishment of the "Georgia Master Teacher Program"; to provide for the establishment of criteria for Master Teacher Certification; to provide for the establishment of rules and regulations by the Professional Standards Commission; to revise certain provisions relating to salary increases for persons receiving certification from the National Board for Professional Teaching Standards; to provide for the establishment ofthe "Academic Coach Program"; to provide for the establishment of rules and regulations by the State Board of Education; to provide for the employment of an academic coach by a public school in accordance with a school improvement plan; to provide for monetary and other incentives for academic coaches; to provide for the establishment of a Master Teacher and Academic Coach Implementation Committee; to provide for the composition, duties, and duration ofthe committee; to provide for automatic repeal; to enact a new Part 6A of Article 17, relating to teachers and other school personnel, so as to provide an additional benefit and support for teachers and other school personnel by providing professional liability insurance coverage for teachers, principals, other certificated personnel, and student teachers by the state; to provide for related matters; to provide an effective date; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by inserting a new Code section after Code Section 20-2-204 to be designated Code Section 20-2-205 to read as follows:
'20-2-205. (a) The General Assembly finds that excellent public school teachers deserve recognition for the extraordinary learning opportunity they provide to Georgia students. (b) The Professional Standards Commission is authorized and directed to establish the 'Georgia Master Teacher Program' to provide recognition to certificated public school teachers who exhibit excellence in the classroom. (c) The Professional Standards Commission shall establish criteria for a Master Teacher Certification. Such criteria shall include, at a minimum, evidence of student achievement, which must include student progress. A public school teacher with three or more years of teaching experience in Georgia may submit an application to the Professional Standards Commission for a Master Teacher Certification. The Professional Standards Commission shall review each application and determine whether a teacher meets the criteria fur a Master Teacher Certification. If the Professional Standards Commission finds that a teacher's application meets the criteria, the teacher will be given a Master Teacher Certification, and that teacher will be known as and may be called a Master Teacher for a term to be determined pursuant to rules and regulations of the Professional Standards Commission, but in no event longer than seven years. The Professional Standards Commission is authorized to develop rules and regulations governing the Master Teacher Certification. (d) This Code section shall be repealed on June 30, 2009 .'

SECTION lA. Said article is further amended by striking Code Section 20-2-212.2, relating to salary increase for persons receiving certification from National Board for Professional Teaching Standards, and inserting in its place the following:
'20-2-212.2. (a) As used in this Code section, the term:
( 1) 'High-needs school' means a Georgia public school that has received an unacceptable rating for a period of two or more consecutive years; and (2) ' National certification' means certification obtained from the National Board for Professional Teaching Standards. (b) For initial national certification prior to July 1, 2006, and subsequent renewals anytime thereafter, (1) Any person who:
(A) Is currently teaching full time in a Georgia public school and holds a valid Georgia teaching certificate; and

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(B) Has successfully completed the prerequisite portfulio of student work and examination and has received national certification shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individual's state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3) A portion of the national certification program participation fee may be paid by the state prior to certification for any person who: (A) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (B) Has submitted an application and the initial qualifying payment to the National Board for Professional Teaching Standards; and (C) Has successfully completed a screening process developed by the Professional Standards Commission. (4) A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the state's portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national board certification. (5) The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification fur any teacher who is eligible for an increase pursuant to subsection (b) of this Code section. (6) A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher. (b.l) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2005, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b).

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GENERAL ACTS AND RESOLUTIONS, VOL. I

(c) Except as provided for in subsection (b .1) of this Code section, for initial national certification on and after July 1, 2006, and subsequent renewals anytime thereafter,
(1) Any person who: (A) Is currently teaching full time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission; and (B) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification
shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received. A teacher who transfers to a high-needs school after such individual receives national certification shall receive such increase beginning on the effective date oftransfer ifthe teacher meets the requirements of this subsection, and such increase shall be computed based on the state salary for such individual on the effective date of the transfer. Provided such individual remains employed in a high-needs school or in a school that was designated as a high-needs school at the time the individual received national certification or transferred to such school and otherwise continues to meet the requirements of this subsection, the 10 percent increase shall be recomputed each subsequent year based on such individual's state salary for that school year.
(2) A teacher shall be granted two days of approved paid leave to prepare the portfolio of student work required for national certification. (3) The Professional Standards Commission shall provide annually to the Department of Education a roster of teachers who have attained and retained national certification and are eligible for the annual increase. (4) The Professional Standards Commission shall be authorized to accept, receive, distribute, and administer funds to be used for national certification program participation fees:

SECTION 2. Said article is further amended by inserting new Code sections after Code Section 20-2-212.4 to be designated Code Sections 20-2-212.5 and 20-2-212.6 to read as follows:
'20-2-212.5. (a) The General Assembly finds that many teachers wish to spend their entire career teaching in a classroom setting. However, the current salary structure offers few financial incentives for public school teachers to continue in the classroom throughout their careers. The General Assembly finds that new opportunities for career advancement must be developed to encourage excellent public school teachers to continue teaching students and to contribute to the development of other teachers.

GEORGIA LAWS 2005 SESSION

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(b) The State Board of Education is authorized and directed to establish the 'Academic Coach Program' to provide certificated public school teachers who exhibit excellence in the classroom with salary supplements or bonuses in exchange for mentoring other public school teachers. The state board is authorized to develop rules and regulations for such program, including requiring reports, data, or other measures of accountability. (c) A local school system desiring the expertise and competency of an academic coach in one or more of its schools shall develop a school improvement plan for each such school which identifies the academic strengths and the areas which need improvement in each such school and which identifies areas where the expertise and competency of an academic coach could lead to improved academic performance of its students. A local school system desiring an academic coach in one or more of its schools shall submit such plan or plans on behalf of the school or schools in its district to the Department of Education which will certify that the plan or plans includes identified deficiencies in school performance that an academic coach can address. Once such certification is obtained, the school system may employ an academic coach or coaches according to the terms of the school improvement plan to be a classroom teacher for one or more segments per day or to perform other duties commensurate with the school improvement plan. (d) Prior to working as an academic coach in a school, an academic coach must receive a Master Teacher Certification from the Professional Standards Commission, as provided for in Code Section 20-2-205. The academic coach shall participate in professional learning relative to performing duties as an academic coach and to the teaching and learning needs identified in the school improvement pIan as described in subsection (c) of this Code section. (e) As part of its review of a school improvement plan, the school council at each school is authorized to request and receive data from the school relative to the school's utilization of an academic coach and whether such use of an academic coach has led to increased academic performance. (f) The state board is authorized, subject to appropriations by the General Assembly, to:
( 1) Provide funds to local school systems that release academic coaches from the regular classroom for one or more segments per day; (2) Compensate academic coaches with salary supplements if they serve schools that have received an unacceptable rating for a period of two or more consecutive years; and (3) Compensate academic coaches and other teachers or personnel participating or involved in the program with bonuses based on demonstrated school-wide gains in student achievement. Nothing shall prohibit local boards of education from providing additional salary supplements and bonuses to any teacher serving as an academic coach. (g) This Code section shall be repealed on June 30,2009.

722

GENERAL ACTS AND RESOLUTIONS, VOL. I

20-2-212.6. The Governor shall appoint a Master Teacher and Academic Coach Implementation Committee to advise the Professional Standards Commission and the State Board of Education on the development of such rules governing the Georgia Master Teacher Program, in accordance with Code Section 20-2-205, and the Academic Coach Program, in accordance with this Code section. Such committee shall include at a minimum, two Department of Education staff members, two State Board of Education members, two Professional Standards Commission staff members, two Professional Standards Commission members, six teachers, one local school superintendent, one principal, one local school board member, two parents of public school students, the director of the Office of Student Achievement or his or her designee, one staff member from Georgia's Leadership Institute for School Improvement, the chair of the Senate Education Committee or his or her designee, the chair of the House Committee on Education or his or her designee, and the director of the Office of Planning and Budget. The implementation committee shall hold public hearings across the state for the purpose of receiving input from parents, teachers, and other educators. In addition to developing recommendations for rules governing the designation of Master Teachers, the implementation committee shall develop recommendations for guidelines designed to provide information to principals on hiring and utilizing the services of an academic coach. The Master Teacher and Academic Coach Implementation Committee shall make its recommendations to the Professional Standards Commission and the State Board ofEducation no later than December 31, 2005. The implementation committee shall be disbanded on December 31,2005. This Code section shall be repealedonDecember31, 2005.'

SECTION 3. Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, is amended by adding after Part 6 a new part to read as follows:
'Part 6A

20-2-930. (a) For purposes of this Code section, the term:
( 1) 'Certificated personnel' means all teachers, principals, and other education personnel certificated by the Professional Standards Commission. (2) 'Student teacher' means a college or university student in an education degree program in a unit of the University System of Georgia or in a private postsecondary institution who, as part of the degree program, is in a local school system in a classroom setting providing instruction to students and being mentored by a teacher. (b) The Department of Administrative Services shall be authorized to purchase or provide a policy or policies of professional liability insurance, subject to appropriations by the General Assembly, insuring certificated personnel who are employed by a local school system and student teachers. Such policy or policies

GEORGIA LAWS 2005 SESSION

723

shall protect against damages arising out of the performance of their duties or in any way connected therewith. The amount of such insurance and the appropriate coverages shall be in the discretion ofthe Department ofAdministrative Services, subject to specific appropriations by the General Assembly. (c) Insurance coverage provided pursuant to this Code section shall automatically cover all certificated personnel who are employed by a local school system and student teachers and shall be at no cost to such certificated personnel or student teachers. (d) The program of insurance under this part shall be administered by the Department of Administrative Services and such department shall be authorized to promulgate any necessary rules and regulations to implement such program. (e) The program of insurance shall be effective for insurance coverage of certificated personnel and student teachers no later than July I, 2005:

SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2005.

PUBUC OFFICERS -LAW ENFORCEMENT OFFICER; FIREFIGHTER; TEMPORARY DISABILITY CLAIM.
No. 143 (House Bill No. 240).
AN ACT
To amend Code Section 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or firefighter, so as to provide that claims for temporary disability shall be submitted within 60 days of the incident resulting in the disability; 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 45-9-104 of the Official Code of Georgia Annotated, relating to submission of applications for claims for disability of a law enforcement officer or

724

GENERAL ACTS AND RESOLUTIONS, VOL. I

firefighter, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows:
'(a) An application for compensation with respect to a claim filed on or after July l, 200 l, for the temporary disability of a law enforcement officer or firefighter shall be submitted by that person within 60 days from the date of the incident resulting in disability.'

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 3, 2005.

HIGHWAYS- STATE AND FEDERAL FUNDS; ALLOCATION.
No. 144 (Senate Bill No.4).
AN ACT
To amend Code Section 32-5-30 of the Official Code of Georgia Annotated, relating to allocation of state and federal funds, so as to remove certain projects exempt from the allocation provisions of said Code section; to provide fur budgeting periods; to change the portion to be divided equally; to remove a provision for expenditures incidental to economic development purposes; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 32-5-30 of the Official Code of Georgia Annotated, relating to allocation of state and federal funds, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:
'(a)( l) The total of expenditures from the State Public Transportation Fund under paragraphs (4), (5), and (6) of Code Section 32-5-21 plus expenditures of federal funds appropriated to the department, not including any federal funds specifically designated for projects that have been earmarked by a member of Congress in excess of appropriated funds shall be budgeted by the department over two successive budgeting periods every decade.

GEORGIA LAWS 2005 SESSION

725

(2) The first budgeting period shall commence immediately fullowing redistricting of congressional districts and shall be for a duration of five years. The second budgeting period shall continue until the beginning of the budgeting period following the next redistricting of congressional districts after each decennial census; provided, however, if the congressional districts have been redrawn prior to a new decennial census, but after the approval of an existing map based on the last decennial census, the budgeting period shall include two successive budgeting periods. The first budgeting period shall end upon approval of the new redistricting and the second budgeting period shall commence from the date such redrawn congressional districts have been approved and shall continue until the next budgeting period following the next redistricting of congressional districts. The department shall budget such expenditures such that at the end of such budgeting period funding obligations equivalent to at least 80 percent of such total fur such budgeting period shall have been divided equally among the congressional districts in this state, as those districts existed at the commencement of such budgeting period, for public road and other public transportation purposes in such districts.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 3, 2005.

REVENUE- SALES AND USE TAX; AIRLINES; JET FUEL.
No. 145 (House Bill No. 341).
AN ACT
To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to provide fur the tax treatment of certain airline industry transactions; to provide for a limited period of time for a partial exemption under certain circumstances of jet fuel sold to certain qualifying airlines and provide for the manner of collection of tax with respect to nonexempt sales; to provide for a limited period of time that jet fuel sold to certain qualifYing airlines shall be exempt from certain local sales and use taxes under certain circumstances; to provide that certain sales of food and beverages for consumption by airline passengers and crew shall be exempt from sales and use taxes under certain circumstances; to provide for related matters; to provide fur effective dates; to provide for automatic repeal; to repeal conflicting laws; and for other purposes.

726

GENERAL ACTS AND RESOLUTIONS, VOL. I

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 taxation, is amended by striking subparagraph (B) of paragraph (33) and inserting in its place a new subparagraph (B) to read as follows:
'(B) Except as otherwise provided in paragraph (33.1) ofthis Code section, in lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption of the tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, of the place of its subsequent use;'.

SECTION 2. Said Code section is further amended by striking subparagraph (B) of paragraph (33) and inserting in its place a new subparagraph (B) to read as follows:
'(B) In lieu of any tax under this article which would apply to the purchase, sale, use, storage, or consumption ofthe tangible personal property described in this paragraph but for this exemption, the tax under this article shall apply with respect to all fuel purchased and delivered within this state by or to any common carrier and with respect to all fuel purchased outside this state and stored in this state irrespective, in either case, ofthe place of its subsequent use;'

SECTION 3. Said Code section is further amended by adding after paragraph (33) a new paragraph (33.1) to read as follows:
'(33.1)(A) The sale or use of jet fuel to or by a qualifying airline, to the extent provided in subparagraphs (B) and (C) of this paragraph.
(B)(i) For each fiscal year beginning after June 30, 2005, each qualifying airline shall pay the first $15 million of state sales and use tax, plus applicable local sales and use tax, levied or imposed by this chapter on the purchase or use of jet fuel. Thereafter, the purchase of jet fuel by a qualifying airline during the fiscal year shall be exempt from state and local sales and use tax except as provided in division (ii) of this subparagraph. (ii) The exemption provided in division (i) of this subparagraph shall not apply to any local option sales tax for educational purposes authorized pursuant to the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and which is effective befure July 1, 2005.

GEORGIA LAWS 2005 SESSION

727

(C) The sale or use of jet fuel to or by a qualifYing airline shall not be subject to any local sales and use tax which becomes effective on or after July 1, 2005. (D) Each qualifying airline purchasing jet fuel on which state sales and use tax is reasonably expected to exceed $15 million shall report and pay directly to the Department of Revenue the tax applicable to the purchase of jet fuel under procedures required by the commissioner. (E) For the purposes of this subparagraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied a~d imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the 'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; or by or pursuant to Article 2, 2A, 3, or 4 ofthis chapter. (F) The exemption provided for in this paragraph shall apply only as to transactions occurring on or after July 1, 2005, and prior to July 1, 2007. (G) For purposes of this paragraph, a 'qualifYing airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency ofthe United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation ofpassengers or cargo fur hire. (H) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. (I) This paragraph shall stand repealed in its entirety on July 1, 2007;'

SECTION 4. Said Code Section 48-8-3 is further amended by striking the word "or" at the end of paragraph (79); substituting the symbol and word"; or" for the period at the end ofparagraph (80); and adding a new paragraph (81) to read as follows:
'(81) The sale of food and beverages, except for alcoholic beverages, to a qualifying airline for service to passengers and crew in the aircraft, whether in flight or on the ground, and the furnishing without charge of food and beverages to qualifying airline passengers and crew in the aircraft, whether in flight or on the ground; and for purposes of this paragraph a 'qualifying airline' shall mean any person which is authorized by the Federal Aviation Administration or appropriate agency of the United States to operate as an air carrier under an air carrier operating certificate and which provides regularly scheduled flights for the transportation of passengers or cargo fur hire.'

SECTION 5. (a) Except as otherwise provided in this section, this Act shall become effective July 1, 2005. (b) Section 2 of this Act shall become effective July 1, 2007. (c) Section 1 of this Act shall stand repealed in its entirety on July 1, 2007.

728

GENERAL ACTS AND RESOLUTIONS, VOL. I

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

Approved May 3, 2005.

ELECTIONS- CONGRESSIONAL REAPPORTIONMENT.
No. 146 (House Bill No. 499).
AN ACT
To amend Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, so as to provide for the composition and number of congressional districts; to provide for election of members of Congress; to provide when such members shall take office; to provide for continuation of present congressional districts until a certain time; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Chapter 1 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions regarding elections, is amended by striking the description of Congressional Districts 1 through 13 immediately following the second sentence of subsection (a) of Code Section 21-1-2, relating to the designation of congressional districts, and inserting in its place the description of Congressional Districts 1 through 13 attached to this Act and made a part hereof and further identified as "Plan N arne: unifiedgeorgia Plan Type: Congress User: staff Administrator: H043".
SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 21-1-2, relating to the designation of congressional districts, and inserting in its place a new subsection (c) to read as follows:
'(c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 2007. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 2004 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected

GEORGIA LAWS 2005 SESSION

729

shall remain the same. The provisions ofthis Code section shall be effective for the primaries and elections of 2006 for the purpose of electing the members in 2006 who are to take office in 2007. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 2007:

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Plan Name: unifiedgeorgia Plan Type: Congress User: staff Administrator: H043
Redistricting Plan Components Report
District 001 Appling County
Atkinson County
Bacon County
Berrien County
Brantley County
Bryan County
Camden County
Charlton County
Chatham County Tract: 102 BG: 3 3000 300 l 3004 3005 3006 3020 3021 Tract: 108.02 BG:2 2038 2040 2041 2042 2043 2044 2997 2999 Tract: 108.04 BG:2

730

GENERAL ACTS AND RESOLUTIONS, VOL. I

2003 2004 2005 2006 2007 2008 2009 20IO 20II 20I2 20I3 BG: 3 Tract: I08.05 BG: 2 BG: 3 Tract: I 09.0 I BG: 3 3007 3008 3009 30 I0 30 II 3998 3999 Tract: I 09.02 Tract: II 0.02 Tract: II0.03 Tract: II 0.04 Tract: III.O I BG: I BG: 2 BG: 3 BG:4 BG:5 5000 500 I 5002 5003 5004 5005 5006 5007 5008 5009 50 I0 50 II 50I2 5013 50I4 5996 5997 5998 5999 Tract: III.03 Tract: III.04 Tract: III.05 Tract: 4I Tract: 42.02 BG: 2 2003 2004 2005 2006 2007 BG: 3 3002 3005 3006 3007 3008 30IO 30II 30I2 30I3 BG: 6 BG: 7 BG: 8 BG:9 Tract: 42.05 Tract: 42.06 Tract: 42.08 BG:2 2000 200I 2002 2005 2006 2007 2008 2009 20IO 20II 20I2 20I3 20I4 20I5 20I6 BG: 3
3000 300I 3006 3007 3008 BG: 5

Clinch County

GEORGIA LAWS 2005 SESSION

731

Coffee County

Cook County

Echols County

Glynn County

JeffDavis County

Lanier County

Liberty County

Long County

Lowndes County Tract: 101.01 Tract: 101.02 Tract: 101.03 Tract: 102.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1043 1044 1045 1046 1047 1999 Tract: 102.02 Tract: 103.01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105 Tract: 106.01 Tract: 106.02 Tract: 106.03 Tract: 107 Tract: 108 Tract: 109 Tract: 110 Tract: 111 Tract: 112 Tract: 113.01 Tract: 113.02 Tract: 114.01 BG: 3

732

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 114.02 Tract: 114.03 BG:4 4004 4005 4006 4007 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4037 4038 4039 4999 Tract: 115 Tract: 116

Mcintosh County

Pierce County

Telfair County

Ware County Wayne County

Wheeler County

District 002 Baker County Brooks County Calhoun County Chattahoochee County Clay County Crawford County Crisp County Decatur County Dooly County Dougherty County Early County

GEORGIA LAWS 2005 SESSION

733

Grady County

Lee County

Lowndes County Tract: I02.0I BG: I IOI5 IOI6 IOI7 I037 I038 I039 I040 I04I I042 BG:2 BG: 3 Tract: II4.0I BG: I BG:2 Tract: II4.03 BG: I BG: 2 BG: 3 BG: 4 4000 400I 4002 4003 4008 4009 40IO 40II 4032 4033 4034 4035 4036

Macon County

Marion County

Miller County

Mitchell County

Muscogee County Tract: I Tract: I 0 BG:2 BG: 3 3003 3004 3005 3006 3007 3008 3009 30 I8 30 I9 3020 302I 3022 3023 3024 3025 3026 3027 3028 Tract: I 05.0 I BG: I I02I I022 I023 I024 I025 BG:2 BG: 3 30II 30I2 30I3 30I4 30I5 30I6 30I7 Tract: I 06.02 Tract: I06.04 Tract: I06.05

734

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 106.06 Tract: 107.0 1 Tract: 107.02 Tract: 107.03 Tract: 108 BG: 9 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9992 9993 9994 9995 9996 9997 Tract: 109 Tract: 11 BG: 1 1006 1007 1008 1009 1010 1011 1012 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 BG:2 BG: 3 3000 3007 3008 3009 3013 3014 3015 3016 3017 3018 3019 3020 3021 Tract: 110 Tract: 12 BG: 2 2013 2035 2040 BG: 3 BG:4 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 18 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1010 1011 1012 1013 BG:2 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 20212022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 Tract: 19 BG: 1
1012 1013 1014 1022 BG: 2 Tract: 20 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25

GEORGIA LAWS 2005 SESSION

735

Tract: 26 Tract: 27 Tract: 28 Tract: 29.01 Tract: 29.02 Tract: 3 BG:4 BG: 5 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 34 Tract: 4 BG: 3 3019 3023 3998 Tract: 5 Tract: 8 Tract: 9 BG:2
Peach County

Quitman County

Randolph County Schley County

Seminole County

Stewart County Sumter County

Talbot County Taylor County

Terrell County

Thomas County Webster County

736

GENERAL ACTS AND RESOLUTIONS, VOL. I

Worth County Tract: 9501 Tract: 9502 BG: 1 1003 1004 1005 1007 1008 1016 1017 1018 1019 1020 102I I 022 I023 I024 I025 I026 I027 I028 I029 1030 I03I I032 I033 I034 1035 I036 I037 I038 1039 I040 I04I I042 I043 1044 I045 I046 I047 1048 I049 I050 I05I I052 I053 I054 1055 I056 1057 I058 I059 1060 I06I 1062 I063 I064 I065 I066 BG: 2 BG: 3 BG:4 400I 4002 4003 4004 4005 4006 4007 4008 4009 40IO 40II 40I2 4013 4014 4015 40I6 40I7 40I8 40I9 4020 402I 4022 4023 4024 4025 4026 4027 4028 4029 4030 403I 4032 4033 4034 4035 4036 4037403840394040404I4042404340444045404640474048 4049 4050 405I 4052 4053 4054 4055 4056 4057 4058 4059 4060 4998 4999 Tract: 9504 BG: 1 I078 I079 1080 I081 I083 1084 1085 1086 I087 I088 I089 I090 109I I092 I093 I094 1I63 1164 II65 II66 II67 1I68 1169 II70 I17I1172II73 II74 II75 1I76II77II78II79 II80 118II182 1183I184II85II86 I1871188 II89 II90 II91I192I193II94 1195 I196 II97 II98 1I99 1200 I201 1202 I203 1204 I205 I206 I207 I208 I209 12IO I2III2I2 I2I3 I2I4 12I5 I2I612171218 I2I9 I220 I22I 1222 I223 I224 1225 BG:2 2007 2008 2009 20IO 201I 20I2 20I3 20I4 20I5 2016 2017 2018 20I920202021 2022202320242025202720472048 Tract: 9505

District 003 Carroll County
Tract: 9903 BG: 3 3044 3045 3052 3053 3055 3056 3061 3062 3063 3064 3065 3066 3067 3068 3069 307I 3072 3073 3074 3075 3076 3077 Tract: 9904 BG: I I038 1039 1040 104I I042 I043 I046 1047 1048 I049 I050 I05I BG: 2 BG: 3 3000 300I 3003 3004 3005 3006 3007 3008 3009 30IO 30II 30I2

GEORGIA LAWS 2005 SESSION

737

3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3998 3999 Tract: 9905.01 BG: 1 1036 BG: 2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2016 2017 2018 2024 2030 2031 2032 2033 2034 2035 2036 BG: 3 Tract: 9906 BG: 1 1039 1040 1052 BG:2 2000 2009 2010 2011 2012 2013 2014 2015 2016 Tract: 9907.01 BG: 1 BG: 2 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3040 3041 3042 3043 3044 3045 3048 3049 3996 3997 3998 3999 Tract: 9907.02 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2031 2032 2033 2034 2999 Tract: 9907.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341045 1046 1056 1057 1058 1999 BG: 2 2015 2016 2017 2018 2019 2020 2027 2028 2029 2997 Tract: 9908 Tract: 9909 Tract: 9910 Tract: 9911 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 10121013 1014 1015 10161017 1018 1019 1020 102110221023

738

GENERAL ACTS AND RESOLUTIONS, VOL. I

1024 1025 1026 1027 1028 1029 1031 1032 BG:2 BG: 3 BG:4 BG: 5 Tract: 9912

Coweta County

Douglas County Tract: 804.01 Tract: 804.02 Tract: 805.04 BG: 3 3022 3023 3024 3025 3026 3027 3028 Tract: 805.05 BG: 1 1026 1027 Tract: 805.06 BG: 3 BG:4 4012 4013 4015 4016 Tract: 805.07

Fayette County

Harris County

Heard County

Henry County Tract: 701.04 BG: 1 1050 1051 1052 1053 1054 1055 1056 1068 1069 BG:2 2000 200 1 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 2022 2024 2025 2026 2027 2028 2029 2030 2031 2032 Tract: 701.05 BG: 1 112711281129113011311132113311341135113611371140 114111421146 BG:2 2000 2001 2002 2003 2039 2040 BG: 3

GEORGIA LAWS 2005 SESSION

739

3024 3025 Tract: 701.06 BG:2 2014 2015 2016 2017 2018 Tract: 702.01 BG: 1 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 10461047 1048 1049 1050 1051 1052 1053 1054 1055 BG: 2 Tract: 702.02 Tract: 702.03 Tract: 703.03 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 10211022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 103710381039104010411042104310441045104610471048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 10711072
1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 BG:2 BG: 3 Tract: 703.04 Tract: 703.05 Tract: 703.06 Tract: 704.01 Tract: 704.02 Tract: 705

Lamar County

Meriwether County

Muscogee County Tract: 10 BG: 1 BG: 3 3000 3001 3002 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 101.02 Tract: 101.04 Tract: 101.05 Tract: 101.06

740

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 102.05 Tract: 103 .01 Tract: 103.02 Tract: 104.01 Tract: 104.02 Tract: 105.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 10II 10I2 I013 I014 10I5 IOI6 10I7 10I8 I019 I020 I999 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 30IO BG:4 Tract: I05.02 Tract: I08 BG:9 9000 900 I 9002 9003 9004 9005 9006 9007 9998 9999 Tract: II BG: I 1000 I001 I002 1003 I004 1005 I013 BG: 3 300I 3002 3003 3004 3005 3006 3010 30II 30I2 Tract: I2 BG:2 2000 200I 2002 2003 2004 2005 2006 2007 2008 2009 2010 201I 20 I2 20 I4 20I5 20I6 2017 2018 20 I9 2020 202I 2022 2023 2024 2025 2026 2027 2028 2029 2030 203I 2032 2033 2034 2036 203 7 2038 2039 204I 2042 2043 2044 2045 2046 Tract: 18 BG: I
1008 I009 IOI4 BG: 2 2003 Tract: I9 BG: 1 1000 IOOI I002 I003 I004 I005 I006 I007 I008 I009 1010 IOll 10I5 IOI6 I017 IOI8 IOI9 I020 I02I Tract: 2 Tract: 3 BG: I BG:2 BG: 3 Tract: 4

GEORGIA LAWS 2005 SESSION

741

BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 30I8 3020 3021 3022 3997 3999 Tract: 9 BG: I

Pike County

Rockdale County Tract: 604.03 BG: I I002 I003 1009 1010 IOI1 I012 1013 10I4 10I5 10I6 BG:2 BG: 3 Tract: 604.05 BG: I I005 I006 I007 I008 1010 1011 1012 1013 1014 10I5 1016 BG:2 BG: 3 Tract: 604.06 BG:2 2015 2016 20 17 2018 Tract: 604.07 BG: 2 2000 200I BG: 3 3000

Spalding County

Troup County

Upson County

District 004 DeKalb County
Tract: 21I BG: 1 BG:2 BG: 3 3000 3001 3002 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 30213022 3023 3024 3999

742

GENERAL ACTS AND RESOLUTIONS, VOL. I

BG:4 4001 4002 4003 4005 4006 4007 Tract: 212.04 Tract: 212.08 BG: 1 1020 BG: 2 2010 2011 2012 2013 2014 2016 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040204120422043204420452046 Tract: 212.09 BG: 1 1000 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2022 2023 Tract: 213.01 BG: 1 1015 Tract: 213.02 Tract: 213.03 BG: 1 1009 1010 1011 1012 BG:2 2000 2001 2002 2003 2006 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2027 2028 2029 20302031 2032 2034 2035 2036 Tract: 214.01 BG: 1 1000 1001 1003 1004 1005 Tract: 214.03 Tract: 214.04 Tract: 214.05 Tract: 214.06 BG: 1 Tract: 216.01 BG: 1 BG:2 BG: 3 3000 3001 3002 3003 3004 3008 3009 Tract: 217.03 Tract: 21 7.04 BG:2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011

GEORGIA LAWS 2005 SESSION

743

3012 3023 3024 3025 BG: 9 Tract: 217.05 Tract: 21 7.06 Tract: 218.05 Tract: 218.06 Tract: 218.08 Tract: 218.09 Tract: 218.10 Tract: 218.11 Tract: 218.12 Tract: 219.02 Tract: 219.04 Tract: 219.06 Tract: 219.07 Tract: 219.08 Tract: 219.09 Tract: 220.01 Tract: 220.04 Tract: 220.05 Tract: 220.06 Tract: 220.07 Tract: 220.08 Tract: 221 Tract: 222 Tract: 226 BG:2
2010 2014 2015 BG:3 BG:4 Tract: 228 BG: 1 BG:2 200020012002200320042007 BG: 3 3000 3001 3002 3008 3009 Tract: 229 Tract: 230 Tract: 231.01 Tract: 231.02 Tract: 231.05 Tract: 231.06 Tract: 231.07 Tract: 231.08 Tract: 232.03

744

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 232.04 Tract: 232.06 Tract: 232.08 Tract: 232.09 Tract: 232.10 Tract: 232.11 Tract: 232.12 Tract: 233.02 Tract: 233.03 Tract: 233.05 Tract: 233.06 Tract: 233.07 Tract: 233.09 Tract: 233.10 Tract: 234.04 BG: 1 BG: 3 3000 3001 3002 3003 BG:4 4011 4012 4013 4014 Tract: 234.05 BG: 1
1000 1001 1002 1003 1004 1006 1007 1999 BG: 3 BG:4 Tract: 234.10 Tract: 234.11 Tract: 234.12 Tract: 234.13 Tract: 234.14 Tract: 234.15 Tract: 234.16 Tract: 234.17 Tract: 234.18 Tract: 235.01 Tract: 235.04 Tract: 235.05 Tract: 235.06 Tract: 235.07 Tract: 236.01 Tract: 236.02 Tract: 236.03 Tract: 238.02 BG: 3 3001 3002 3003 3004 3005

GEORGIA LAWS 2005 SESSION

745

Tract: 238.03 BG: I I002 I003 I004 I005 I006I007 I008 I009 I010 IOII IOI2I999 BG:2 BG: 3 3004 3005 3006 3007 3008 3009 30IO 3011 30I2 30I3

Gwinnett County Tract: 503.04 BG: I BG:2 20I8 Tract: 503.06 BG: I IOI7 IOI8 IOI9 I020 I02I I022 I023 I024 I026 I027 I028I029 I030 I03I I032 I033 I034 I035 I036 I037 I038 I039 I040 I04I I042 I043 I999 BG:2 Tract: 503.1I BG: I 1000 IOOI I002 I003 I004 I005 I006 I007 I008 I009 I010 I011 IOI2 I013 IOI4 IOI5 IOI6 IOI7 IOI8 IOI9 I020 I025 I026I027 I028 I029 I030 I03I I032 I033 I034 I035 I036 I037 I038 I039 BG: 3 30I5 30I6 30I7 3020 302I 3022 Tract: 503.I2 Tract: 503.13 Tract: 503.14 BG: 3 3005 3006 3007 BG:4 Tract: 504.03 BG: I BG:2 BG: 3 BG:4 BG:9 9000 900I 9002 9003 9004 9005 9006 9007 9008 9009 90IO 90II 90I2 90I3 90I4 90I8 90I9 Tract: 504.I 0 Tract: 504.1I BG:4 BG: 5 BG: 6 6005 6006 6007 6008 6009 60IO 60II

746

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 504.17 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 BG: 3 BG:4 Tract: 504.24

Rockdale County Tract: 601.01 Tract: 601.02 Tract: 602.01 Tract: 602.02 Tract: 603.04 Tract: 603.05 Tract: 603.06 Tract: 603.07 Tract: 603.08 Tract: 603.09 Tract: 604.03 BG: 1 1000 1001 1004 1005 1006 1007 1008 Tract: 604.04 Tract: 604.05 BG: 1 1000 1001 1002 1003 1004 1009 1017 1018 1019 1020 1021 Tract: 604.06 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2998 2999 Tract: 604.07 BG: 1 BG:2 2002 2003 2004 2005 2006 BG: 3 3001 3002 3003 3004 3005 3006 3007 3999

District 005 Clayton County
Tract: 401

GEORGIA LAWS 2005 SESSION

747

Tract: 402.0 1 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1013 1014 1015 1016 1017 BG:2 2000 2001 Tract: 402.02 BG: 1 1001 1002 1003 1004 1005 1006 BG:9 9000 9001 9002 9003 9004 9005 9006 9007 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9034 9999 Tract: 403.01 Tract: 403.02 Tract: 403.03 BG: 3 3010 3011 3016 3017 3018 BG:4 4001 4002 4003 4004 4005 4006 4007 4010 4011 4012 4013 Tract: 403.04 BG: 1 1000 1001 1002 1003 1008 1009 BG:2 2003 2005 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 403.05 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3010 Tract: 404.05 BG: 1 1019

DeKalb County Tract: 201 Tract: 202 Tract: 203 Tract: 204 Tract: 205 Tract: 206 Tract: 207 Tract: 208.01 Tract: 208.02

748

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 209 Tract: 214.01 BG: 1 1002 1006 1007 1008 1009 BG: 2 BG: 3 BG:4 Tract: 214.06 BG:2 Tract: 215.01 Tract: 215.02 Tract: 216.01 BG:3 3005 3006 3007 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3999 BG:4 Tract: 216.02 Tract: 216.03 Tract: 217.04 BG: 3 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 Tract: 223.01 Tract: 223.02 Tract: 224.01 Tract: 224.02 Tract: 224.03 Tract: 225 Tract: 226 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 Tract: 227 Tract: 228 BG: 2
2005 2006 BG: 3 3003 3004 3005 3006 3007 Tract: 234.04 BG:3 3008 3009 3010 3011 Tract: 237 Tract: 238.01 Tract: 238.02 BG: 1

GEORGIA LAWS 2005 SESSION

749

BG:2 BG: 3 3000 Tract: 238.03 BG: 1 1000 1001 BG: 3 3000 3001 3002 3003 BG:4

Fulton County Tract: 1 Tract: 10 Tract: 100 Tract: 101.01 Tract: 101.1 0 BG: 1 1000 1001 1002 1003 1004 1005 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 BG:2 2000 2001 2002 2003 2004 2010 2011 2012 2019 Tract: 102.06 Tract: 102.07 BG: 1 BG:2 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 BG: 3 BG:4 Tract: 103.03 Tract: 103.04 BG:4 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5032 Tract: 105.07 BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3011 BG: 9 9000 9001 9002 9006 9007 9009 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9998 9999 Tract: 105.08 BG:2

750

GENERAL ACTS AND RESOLUTIONS, VOL. I

2000 2001 2002 2003 2004 2019 2020 2021 2022 2023 2024 2025 Tract: 105.11 BG: 1 1031 1032 1033 Tract: 106.01 Tract: 106.03 Tract: 106.04 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3019 3020 3021 3022 3023 3024 3025 3026 BG:4 Tract: 107 Tract: 108 Tract: 109 Tract: 11 Tract: 110 Tract: 111 Tract: 112.01 Tract: 112.02 Tract: 113.01 Tract: 113.03 Tract: 113.04 BG: 1
1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1031 1032 1037 1038 10391040 1044 1045 1046 1047 1050 1051 1052 1053 1054 1055 10561057 1058 1059 1062 1999 Tract: 12 Tract: 13 Tract: 14 Tract: 15 Tract: 16 Tract: 17 Tract: 18 Tract: 19 Tract: 2 Tract: 21 Tract: 22 Tract: 23 Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28

GEORGIA LAWS 2005 SESSION

751

Tract: 29 Tract: 30 Tract: 31 Tract: 32 Tract: 33 Tract: 35 Tract: 36 Tract: 37 Tract: 38 Tract: 39 Tract: 4 Tract: 40 Tract: 41 Tract: 42 Tract: 43 Tract: 44 Tract: 46 Tract: 48 Tract: 49 Tract: 5 Tract: 50 Tract: 52 Tract: 53 Tract: 55.01 Tract: 55.02 Tract: 56 Tract: 57 Tract: 58 Tract: 6 Tract: 60 Tract: 61 Tract: 62 Tract: 63 Tract: 64 Tract: 65 Tract: 66.01 Tract: 66.02 Tract: 67 Tract: 68.01 Tract: 68.02 Tract: 69 Tract: 7 Tract: 70.01 Tract: 70.02 Tract: 71

752

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 72 Tract: 73 Tract: 74 Tract: 75 Tract: 76.01 Tract: 76.02 Tract: 77.01 Tract: 77.02 Tract: 78.02 Tract: 78.05 Tract: 78.06 Tract: 78.07 Tract: 78.08 Tract: 79 Tract: 8 Tract: 80 Tract: 81.01 Tract: 81.02 Tract: 82.01 Tract: 82.02 Tract: 83.01 Tract: 83.02 Tract: 84 Tract: 85 Tract: 86.01 Tract: 86.02 Tract: 87.01 Tract: 87.02 Tract: 88 Tract: 89.01 Tract: 89.02 Tract: 90 Tract: 91 Tract: 92 Tract: 93 Tract: 94.01 Tract: 94.02 Tract: 95 Tract: 96 Tract: 97 Tract: 98 Tract: 99

District 006

GEORGIA LAWS 2005 SESSION

753

Cherokee County

Cobb County Tract: 303.10 BG: 1 1000 Tract: 303.11 Tract: 303.12 BG: 1 BG:2 2000 2001 2002 2003 2004 2018 2019 2020 BG: 5 5004 Tract: 303.14 Tract: 303.18 Tract: 303.19 Tract: 303.20 Tract: 303.22 Tract: 303.23 Tract: 303.24 Tract: 303.25 Tract: 303.26 Tract: 303.27 Tract: 303.28 Tract: 303.29 Tract: 303.30 Tract: 303.31 Tract: 303.32 Tract: 303.33 Tract: 303.34 Tract: 303.35 Tract: 303.36 Tract: 303.3 7 Tract: 303.38 BG:2 BG:4 4000 4001 4002 4003 4011 4012 4013 4014 4015 4018 Tract: 303.39 Tract: 304.01 BG: 1 BG:2 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031

754

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 304.02 BG: 1 BG:2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 BG:4 Tract: 304.05 BG: 1 1000 1001 1002 1003 1004 1005 1008 1009 1010 1012 1013 1014 1023 BG:2 2022 2023 2024 2025 2029 2032 2033 2034 2035 2036 2037 2038 2039204020412042204320452046 Tract: 305.01 BG: 1 Tract: 305.02 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1019 1023 BG: 2 2001 BG: 3 Tract: 305.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3018 3019 3020 3024 3025 Tract: 305.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 BG: 2 2000 2004 2021 Tract: 312.02 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3029 3030 3031 3032 3033 3034 3035 3036 303 7 3038 3997 3998 3999 BG:4 4000 4001 4002 4004 4032 4033 4034 BG: 5 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5017 5018 5019 5020 5021 5022 5023 5024 Tract: 312.03 BG: 1
1000 1001 1002 1003 1008 1036

GEORGIA LAWS 2005 SESSION

755

BG: 2 2000 2001 2002 2003 2004 2005 Tract: 312.04 BG: 1 1050 BG: 2 2000 2001 2002 2003 2004 2005 2006 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2066 2067 2068 2997 2998 2999

DeKalb County Tract: 211 BG: 3 3003 3004 3005 3006 3007 BG:4 4000 4004 Tract: 212.02 Tract: 212.07 Tract: 212.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2017 2018 2019 2020 2021 2047 Tract: 212.09 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 BG:2 2016 2017 2018 2019 2020 2021 Tract: 212.10 Tract: 212.11 Tract: 212.12 Tract: 212.13 Tract: 212.14 Tract: 213.0 1 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 Tract: 213.03 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1013 1014 1015 1016 1017

756

GENERAL ACTS AND RESOLUTIONS, VOL. I

BG:2 2004 2005 2007 2010 2011 2024 2025 2026 2033 Tract: 213.04

Fulton County Tract: 101.06 Tract: 101.07 Tract: 101.08 Tract: 101.09 Tract: 10 1.1 0 BG: 1 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 BG:2 2005 2006 2007 2008 2009 2013 2014 2015 2016 2017 2018 Tract: 101.11 Tract: 101.12 Tract: 102.04 Tract: 102.05 Tract: 102.07 BG:2 2000 Tract: 102.08 Tract: 102.09 Tract: 102.10 Tract: 114.03 Tract: 114.04 Tract: 114.05 Tract: 114.06 Tract: 114.07 Tract: 114.10 Tract: 114.11 Tract: 114.12 Tract: 114.13 Tract: 114.14 Tract: 114.15 Tract: 115.01 Tract: 115.02 Tract: 116.04 Tract: 116.05 Tract: 116.06 Tract: 116.07 Tract: 116.08 Tract: 116.09

GEORGIA LAWS 2005 SESSION

757

District 007 Barrow County

Forsyth County Tract: 1305.02 BG: 1 1072 1073 1074 1075 1076 1077 1078 1079 1090 1093 1132 1135 1136 1995 Tract: 1306 BG: 1 1101 1102 BG: 2 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2998

Gwinnett County Tract: 501.03 Tract: 501.04 Tract: 501.05 Tract: 501.06 Tract: 502.02 Tract: 502.04 Tract: 502.05 Tract: 502.06 Tract: 502.07 Tract: 503.04 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2019 2020 20212022 2023 2024 2025 2026 2027 2028 2029 2030 BG: 8 Tract: 503.06 BG: 1 100010011002100310041005.100610071008100910101011 1012 1013 1014 1015 1016 1025 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 BG: 1

758

GENERAL ACTS AND RESOLUTIONS, VOL. I

I02I I022 I023 I024 BG: 3 3000 300 I 3002 3003 3004 3005 3006 3007 3008 3009 30 I 0 30 II 30I2 30I3 30I4 30I8 30I9 Tract: 503.14 BG: 1 BG:2 BG: 3 3000 300 I 3002 3003 3004 Tract: 503.15 Tract: 503.16 Tract: 504.03 BG: 9 90 I5 90 I6 9017 9020 9021 9022 9023 9024 9025 Tract: 504.1I BG: I BG: 3 BG: 6 6000 600 I 6002 6003 6004 Tract: 504.15 Tract: 504.16 Tract: 504.23 BG: I Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 504.29 Tract: 504.30 Tract: 505.07 Tract: 505.09 Tract: 505 .I 0 Tract: 505.1I Tract: 505.12 Tract: 505.13 Tract: 505.14 Tract: 505.15 Tract: 505.16 Tract: 505.17 Tract: 505.18 Tract: 505.19 Tract: 505.20 Tract: 505 .2I Tract: 505.22 Tract: 506.02

GEORGIA LAWS 2005 SESSION

759

Tract: 506.03 Tract: 506.04 Tract: 507.04 Tract: 507.05 Tract: 507.09 Tract: 507.12 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.16 Tract: 507.17 Tract: 507.18 Tract: 507.19 Tract: 507.20 Tract: 507.21

Newton County Tract: 1001 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2089 2090 2091 2092 2093 2094 2095 2096 2099 2104 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2996 2997 2998 2999 Tract: 1003 BG: 1 1000 10011002 1003 1004 1005 1006 1007 1008 1009 10101011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1098 1099 1100 1101 1102 1103 1106 1116 1117 1118 1119 BG:2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2021 2022 2025 2026 2039 Tract: 1004

760

GENERAL ACTS AND RESOLUTIONS, VOL. I

BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 10371046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1071 1072 1084 1087 1088 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2030 2031 2032 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 BG: 3 3000 3001 3002 Tract: 1005 BG: 1 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1080 1081 1082 1083 1084 1085 1086 1089 1090 1091 1092 1093

Walton County

District 008 Baldwin County
Tract: 9706 BG: 3 3002 3011 3015 3016 3017 3018 3019 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4023 Tract: 9708 BG: 1 1000 1001 1002 1009 I 0 I 0 1011 1012 1013 1014 1015 1016 101 7 1018 1019 1020 1023 1024 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1994 1995 1996 1997 1998 1999 BG:2 2000 2001 2002 2020 2021 2022 2023 2024 2025 2026 2028 2029 2030 BG: 3 BG:4 4004 4005 4006 4007 4008 4009 4010 4011 401 7 4018 4019 4020

GEORGIA LAWS 2005 SESSION

76I

402I 4022 4023 4024 4025 4026 4027 4028 4029 4030 403I 4032 4033 4034 4035 4036 4999

Ben Hill County

Bibb County

Bleckley County

Butts County

Colquitt County

Dodge County

Houston County

Irwin County

Jasper County

Jones County

Laurens County

Monroe County

Newton County Tract: 1001 BG:2 2088 2097 2098 2100 2IOI 2I02 2I03 2I05 Tract: I002 Tract: I 003 BG: I I06I I062 I063 I064 I087 I088 I089 I090 I09I I092 I093 I094 I095 I096I097 II041105 II07 II08 II09 IIIO I11I III2II13 III4 I115 BG: 2 2000 200 I 20 I 7 20 I8 20 I9 2020 2023 2024 2027 2028 2029 2030 203I 2032 2033 2034 2035 2036 2037 2038 2040 204I 2042 2043 2044 2045 2046 2047 2048 2049 2050 205I 2052 2053 2054 2055 2056 BG: 3 Tract: I004 BG: I

762

GENERAL ACTS AND RESOLUTIONS, VOL. I

1018 1019 1020 1038 1039 1040 1041 1042 1043 1044 1045 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1085 1086 1089 1090 1091 BG:2 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2033 2034 2035 2036 2037 2038 2039 2040 2041 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 BG:3 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 Tract: 1005 BG: 1 1000 1001 1002 1003 1004 1005 1006 1026 1027 1028 1029 1030 1031 1032 1033 1034 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1087 1088 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 111 7 1118 1119 1999 Tract: 1006 Tract: 1007 Tract: 1008 Tract: 1009

Pulaski County

Tift County

Turner County

Twiggs County

Wilcox County

Wilkinson County

Worth County Tract: 9502 BG: 1 1000 1001 1002 1006 1009 1010 1011 1012 1013 1014 1015 BG:4 4000 Tract: 9504 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

GEORGIA LAWS 2005 SESSION

763

1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1082 1095 1096 1097 1098 1099 110011011102110311041105110611071108110911101111 111211131114111511161117111811191120112111221123 112411251126112711281129113011311132113311341135 113611371138113911401141114211431144114511461147 11481149115011511152115311541155 1156115711581159 1160 1161 1162 1226 1227 1998 1999 BG:2 2000 2001 2002 2003 2004 2005 2006 2026 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 BG: 3 Tract: 9506

District 009 Catoosa County
Dade County
Dawson County
Fannin County
Forsyth County Tract: 1301 Tract: 1302 Tract: 1303 Tract: 1304.01 Tract: 1304.02 Tract: 13 05.01 Tract: 1305.02 BG: 1 1000 10011002 1003 1004 1005 1006 1007 1008 1009 10101011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059

764

GENERAL ACTS AND RESOLUTIONS, VOL. I

1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 10911092 109410951096109710981099110011011102110311041105 1106 1107 1108 1109 Ill 0 1111 1112 1113 1114 1115 1116 Ill 7 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 113011311133 1134113719941996199719981999 Tract: 1306 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1103 1104 1105 1106 1107 1108 1109 11101111111211131114111511161117111811191120 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2999

Gilmer County

Gordon County Tract: 9701 Tract: 9702 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 20 II 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2059 2060 2064 2065 2066 2067 2996 2997 2998 2999 BG: 3 3003 3004 Tract: 9703 BG: 1 1000 1001 1002 1003 1004 1997 1998 1999 Tract: 9704 BG: 1 1000 1001 1002 1003 Tract: 9708

GEORGIA LAWS 2005 SESSION

765

BG: 1 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3022 3025 3026 3029 3030 Tract: 9709

Hall County

Lumpkin County

Murray County

Pickens County

Union County

Walker County

White County

Whitfield County

District 010 Banks County Clarke County Columbia County Elbert County Franklin County Greene County Habersham County Hart County Jackson County Lincoln County Madison County

766

nNERAL ACTS AND RESOLUTIONS, VOL. I

">Unty ;dn County Oconee County

Oglethorpe County Putnam County

Rabun County

Richmond County Tract: 1 Tract: 10 BG: 1 100010011002 1003 1004 1005 1006 1007 1008 1009 10101011 1012 1013 1014 1015 1017 BG: 2 BG: 3 BG:4 Tract: 10 1.01 Tract: 10 1.02 Tract: 10 1.04 Tract: 101.05 Tract: 102.01 Tract: 102.03 Tract: 102.04 Tract: 105.04 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1009 1019 1020 1021 1022 1026 BG: 2 2000 2001 2002 2003 2004 2005 2009 2010 2012 2013 2024 2025 2030 2031 2032 2033 2034 2035 2036 203 7 2038 2039 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2997 2998 2999 Tract: 105.05 BG: 2 2009 Tract: 107.04 BG: 1 1060 Tract: 108

GEORGIA LAWS 2005 SESSION

767

BG: 9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9996 9997 9998 9999 Tract: 109.01 BG:4 4046 Tract: 11 Tract: 12 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 BG:4 4002 4006 4007 4008 4009 4010 BG: 5 5000 5001 BG: 6 BG: 7 Tract: 13 BG:2 2015 2016 2017 2021 2022 Tract: 16 Tract: 2 Tract: 3 Tract: 4 Tract: 6 BG: 1 1002 1015 1016 BG:2 2006 2007 2020 BG:4 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4023 4024 4025 4026 4027 Tract: 7 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2049 2050 Tract: 8 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1032 1998 1999 BG:2 Tract: 9

768

GENERAL ACTS AND RESOLUTIONS, VOL. I

BG:2 2002 2003 2004 2007 BG: 3 BG:4

Stephens County

Towns County

Wilkes County

District 0 11 Bartow County
Carroll County Tract: 9901.01 Tract: 9901.02 Tract: 9902 Tract: 9903 BG: 1 BG:2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3046 3047 3048 3049 3050 3051 3054 3057 3058 3059 3060 3070 3078 3079 3998 3999 Tract: 9904 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1044 1045 1999 BG: 3 3002 Tract: 9905.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 10101011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084

GEORGIA LAWS 2005 SESSION

769

1085 1086 1087 1088 1089 1090 1091 1092 BG:2 2000 2001 2012 2013 2019 2020 2021 2022 2023 2025 2026 2027 2028 2029 Tract: 9905.02 Tract: 9906 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1998 1999 BG:2 2001 2002 2003 2004 2005 2006 2007 2008 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 Tract: 9907.01 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2021 BG: 3 3034 3035 3036 3037 3038 3039 3046 3047 3050 3051 3052 3053 Tract: 9907.02 BG:2 2006 2007 2009 2021 2023 2024 2025 2026 2027 2028 2029 2030 Tract: 9907.03 BG: 1 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 2023 2024 2025 2026 2998 2999 Tract: 9911 BG: 1 1030

Chattooga County

Cobb County Tract: 30 1.0 1 Tract: 301.02 Tract: 301.03 Tract: 302.05 Tract: 302.08 Tract: 302.09 Tract: 302.10

770

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 302.1I Tract: 302.12 Tract: 302.13 Tract: 302.14 Tract: 302.15 Tract: 302.16 Tract: 302.17 Tract: 303.10 BG: I IOOI I002 I003 I004 I005 I006 I007 I008 I009 IOIO IOII BG: 2 BG: 3 BG:4 BG: 5 Tract: 303.12 BG:2 2005 2006 2007 2008 2009 20IO 20II 20I2 20I3 20I4 20I5 20I6 20I7 BG: 3 BG:4 BG: 5 5000 500I 5002 5003 Tract: 303.I3 Tract: 303.38 BG: 3 3002 Tract: 304.0I BG: 3 30I3 3020 Tract: 304.02 BG: 3 30I3 Tract: 304.04 Tract: 304.05 BG: I
I006 I007 IOII IOI5 IOI6 IOI7 10I8 IOI9 I020 I02I I022I024 I025 I026 I027 I028 I029 I030 103I I032 BG: 2 2000 200I 2002 2003 2004 2005 2006 2007 2008 2009 20IO 20II 20I2 20I3 20I4 20I5 20I7 20I8 20I9 2020 202I 2026 2027 2028 2030 203I 2044 2047 Tract: 304.06 BG: I 1000 I002 I003 I004 I005 I006 I007 I008 I009IOIO 10IIIOI2 I013

GEORGIA LAWS 2005 SESSION

771

BG:2 2000 2003 BG:3 30063007300830093010 BG:4 4000 BG: 5 5000 5001 5002 5003 5006 Tract: 305.01 BG:2 BG: 3 BG:4 Tract: 305.02 BG: 1 1016 1017 1018 1020 1021 1022 1024 1025 1026 BG:2 2000 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2999 Tract: 305.04 BG: 1 BG:2 BG:3 3012 3013 3017 3021 3022 3023 Tract: 305.05 BG: 1 1010101110131014101510161017 BG:2 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 Tract: 306 Tract: 307 Tract: 308 BG: 1 BG:2 BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3023 3024 3025 3026 3027 3028 3029 3030 3031 3037 3038 3039 3040 3041 3043 Tract: 309.01 Tract: 309.02 BG: 1

772

GENERAL ACTS AND RESOLUTIONS, VOL. I

1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 10101011 1012 1013 1014 1015 1016 1017 1018 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3016 3017 BG:4 4000 4003 4004 4006 4007 4008 4009 4012 Tract: 309.04 BG:4 4012 Tract: 309.05 BG: 1 1000 1011 Tract: 310.01 BG:9 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9043 9044 9045 9046 9047 9048 9049 9050 Tract: 311.08 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2010 2011 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3013 3014 3015 3016 3022 3027 3028 3029 3030 3031 3032 3033 3034 BG:4 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 Tract: 311.09 BG: 1 1017 1018 BG:2 Tract: 311.11 BG: 1 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 10321033 1034 Tract: 315 .Q1 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1013 1014 1015 1016 1018 1019 BG:2

GEORGIA LAWS 2005 SESSION

773

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2016 2018 2019 2020 2021 2025 2026 2027 2028 2999 Tract: 315.05 BG: 1 1002 1003 1004 1005 1006 1024 1025

Floyd County

Gordon County Tract: 9702 BG:2 2041 2042 2043 2054 2055 2056 2057 2058 2061 2062 2063 BG: 3 3000 3001 3002 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 303830393040304130423043304430453046304730483049 3050 3051 3052 3053 3054 3055 3993 3994 3995 3996 3997 3998 3999 BG:4 Tract: 9703 BG: 1 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 10271028 1029 1030 1031 1032 1995 1996 BG:2 BG: 3 BG:4 Tract: 9704 BG: 1 1004 1005 1006 1007 1008 1009 1010 lOll 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 10261027 1028 1999 BG:2 BG: 3 Tract: 9705 Tract: 9706 Tract: 9707 Tract: 9708 BG: 2 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3023 3024 3027 3028 3031 3032 3033 3034

Haralson County

774

GENERAL ACTS AND RESOLUTIONS, VOL. I

Paulding County

Polk County

District 012 Baldwin County
Tract: 9701 Tract: 9702 Tract: 9703 Tract: 9704 Tract: 9705 Tract: 9706 BG: 1 BG: 2 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3012 3013 3014 BG:4 4022 Tract: 9707.0 I Tract: 9707.02 Tract: 9708 BG: I 1003 1004 1005 1006 1007 1008 1021 1022 1025 1026 1027 1028 1993 BG:2 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2027 BG:4 4000 4001 4002 4003 4012 4013 4014 4015 4016
Bulloch County
Burke County
Candler County
Chatham County Tract: I Tract: 101.0 I Tract: 101.02 Tract: 102 BG: 1 BG:2

GEORGIA LAWS 2005 SESSION

775

BG: 3 3002 3003 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 Tract: 105.01 Tract: 105.02 Tract: 106.01 Tract: 106.03 Tract: 106.04 Tract: 106.05 Tract: 107 Tract: 108.01 Tract: 108.02 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2039 2045 2046 2047 2048 2998 Tract: 108.03 Tract: 108.04 BG: 1 BG:2 2000 2001 2002 BG:4 BG: 5 Tract: 108.05 BG: 1 Tract: 109.01 BG: 1 BG:2 BG: 3 3000 3001 3002 3003 3004 3005 3006 Tract: 11 Tract: 111.01 BG:5 5015 5016 5017 5018 5019 5020 5021 5022 5023 5993 5994 5995 Tract: 12 Tract: 13 Tract: 15 Tract: 18 Tract: 19 Tract: 20 Tract: 21 Tract: 22 Tract: 23

776

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 24 Tract: 25 Tract: 26 Tract: 27 Tract: 28 Tract: 29 Tract: 3 Tract: 30 Tract: 32 Tract: 33.01 Tract: 33.02 Tract: 34 Tract: 35.01 Tract: 35.02 Tract: 36.01 Tract: 36.02 Tract: 37 Tract: 38 Tract: 39 Tract: 40.01 Tract: 40.02 Tract: 42.02 BG: 1 BG:2 2000 2001 2002 BG: 3 3000 3001 3003 3004 3009 3014 3015 3016 BG:4 BG: 5 Tract: 42.07 Tract: 42.08 BG: 1 BG: 2 2003 2004 BG: 3 3002 3003 3004 3005 BG:4 Tract: 43 Tract: 44 Tract: 45 Tract: 6.01 Tract: 8 Tract: 9

Effingham County

GEORGIA LAWS 2005 SESSION

777

Emanuel County

Evans County

Glascock County

Hancock County

Jefferson County

Jenkins County

Johnson County

Montgomery County

Richmond County Tract: 10 BG: 1 1016 1018 1019 1020 Tract: 103 Tract: 104 Tract: 105.04 BG: 1 100810101011 10121013 10141015 10161017101810231024 1025 1027 1028 BG:2 2006 2007 2008 2011 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2026 2027 2028 2029 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2085 2086 Tract: 105.05 BG: 1 BG:2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 BG:3 Tract: 105.06 Tract: 105.07 Tract: 105.08 Tract: 105.09 Tract: 105.10 Tract: 105.11 Tract: 106 Tract: 107.03 Tract: 107.04

778

GENERAL ACTS AND RESOLUTIONS, VOL. I

BG: I IOOO IOOI I002 I003 I004 I005 I006 I007 I008 I009 IOIO IOII IOI2 I013 IOI4 IOI5 IOI6 IOI7 IOI8 IOI9 I020 I02I I022 I023 I024 I025 I026 I027 I028 I029 I030 I03I I032 I033 I034 I035 I036 I037 I038 I039 I040 I04I I042 I043 I044 I045 I046I047 I048 I049 I050 I05I I052 I053 I054 I055 I056 I057 I058 I059 I06I I062 I063 I064 I065 I066 Tract: I07.05 Tract: I 07.06 Tract: I08 BG:9 90IO 90II 90I2 90I3 90I4 Tract: I 09.0 I BG: I BG: 3 BG:4 4000 400I 4002 4003 4004 4005 4006 4007 4008 4009 40IO 40II 40I2 4013 40I4 40I5 40I6 40I7 40I8 40I9 4020 402I 4022 4023 4024 4025 4026 4027 4028 4029 4030 403I 4032 4033 4034 4035 40364037403840394040404I404240434044404540474048 4049 4050 405I 4052 4053 4054 4055 4056 4057 4058 4059 4060 406I 4062 4063 4064 4065 4066 4067 4068 4069 4070 407I 4072 4073 4074 4075 4076 4077 4078 4079 4080 408I 4082 4083 4084 4085 4086 4998 4999 Tract: I 09.02 Tract: I2 BG: I IOI8 IOI9 BG: 2 BG: 3 BG:4 4000 400 I 4003 4004 4005 BG: 5 5002 5003 5004 5005 5006 5007 5008 5009 50IO 50II Tract: I3 BG: I BG: 2 2000 200 I 2002 2003 2004 2005 2006 2007 2008 2009 20 I0 20 II 20I2 20I3 20I4 20I8 20I9 2020 2023 2024 2025 2026 2027 2028 2029 Tract: I4 Tract: I5-2 Tract: 6 BG: I 1000 IOOI I003 I004 I005 I006 I007 I008 I009 IOIO IOII IOI2

GEORGIA LAWS 2005 SESSION

779

1013 1014 1999 BG:2 2000 2001 2002 2003 2004 2005 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 BG:3 BG:4 4000 4021 4022 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 Tract: 7 BG: 1 BG:2 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039204020412042204320442045204620472048 BG: 3 Tract: 8 BG: 1 1030 1031 Tract: 9 BG: 1 BG:2 2000 2001 2005 2006 2008

Screven County

Taliaferro County

Tattnall County

Toombs County

Treutlen County

Warren County

Washington County

District 013 Clayton County
Tract: 402.01 BG: 1 1011 1018 1019 1020 1021 1022 1023 1024 1025 1026 BG:2 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015

780

GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 402.02 BG: 1 1000 1007 1008 1009 1010 10111012 1013 1014 1015 10161017 1018 1019 1020 1021 1998 1999 BG:9 9008 9032 9033 9035 9036 9997 9998 Tract: 403.03 BG: 1 BG: 2 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3012 3013 3014 3015 BG:4 4000 4008 4009 BG: 5 BG:6 Tract: 403.04 BG: 1 1004 1005 1006 1007 1010 1011 1012 1013 1014 1015 BG: 2 2000 2001 2002 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 BG: 3 3023 Tract: 403.05 BG: 1 BG: 2 BG: 3 3009 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 Tract: 404.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 BG:2 BG: 3 Tract: 404.06 Tract: 404.07 Tract: 404.08 Tract: 404.09 Tract: 404.10 Tract: 404.11 Tract: 404.12 Tract: 404.13

GEORGIA LAWS 2005 SESSION

781

Tract: 405.03 Tract: 405.06 Tract: 405.09 Tract: 405.10 Tract: 405.11 Tract: 405.12 Tract: 405.13 Tract: 405.14 Tract: 405.15 Tract: 405.16 Tract: 405.17 Tract: 405.18 Tract: 406.06 Tract: 406.07 Tract: 406.08 Tract: 406.09 Tract: 406.10 Tract: 406.11 Tract: 406.12 Tract: 406.13 Tract: 406.14

Cobb County Tract: 303.38 BG: 1 BG: 3 3000 3001 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 BG:4 4004 4005 4006 4007 4008 4009 4010 4016 4017 4019 4020 4021 4022 4023 4024 4025 Tract: 304.05 BG: 2 2016 Tract: 304.06 BG: 1 1001 BG:2 2001 2002 BG: 3 3000 3001 3002 3003 3004 3005 BG:4 4001 4002 BG: 5 5004 5005 5007 5008 Tract: 308

782

GENERAL ACTS AND RESOLUTIONS, VOL. I

BG: 3 3020 3021 3022 3032 3033 3034 3035 3036 3042 Tract: 309.02 BG: 1 1019 1020 1021 1022 1023 1024 BG:2 BG: 3 3013 3015 BG:4 4001 4002 4005 4010 4011 4013 4014 Tract: 309.04 BG: 1 BG:2 BG: 3 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 Tract: 309.05 BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 BG:2 BG:3 Tract: 310.01 BG: 1 BG:2 BG: 9 9042 Tract: 310.02 Tract: 310.04 Tract: 310.05 Tract: 311.01 Tract: 311.05 Tract: 311.06 Tract: 311.07 Tract: 311.08 BG: 1 1010 1011 BG:2 2008 2009 2013 BG:3 3010 3011 3012 3017 3018 3019 3020 3021 3023 3024 3025 3026 BG:4 4000 4001 4002 4003 4015 4016 4017 4018 4019 Tract: 311.09 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011

GEORGIA LAWS 2005 SESSION

783

1012 1013 1014 1015 1016 1019 1020 1021 1022 1023 10241025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 Tract: 311.1 0 Tract: 311.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1035 1036 1037 1038 1039 1040 Tract: 311.12 Tract: 312.02 BG: 3 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3996 BG:4 4003 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 402 7 4028 4029 4030 4031 4035 4036 4037 4038 4039 4040 40414042 4043 4044 4045 BG: 5 5010 5011 5012 5013 5014 5015 5016 BG: 6 Tract: 312.03 BG: 1 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 10271028 1029 1030 1031 1032 1033 1034 1035 1037 1038 BG: 2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2998 2999 Tract: 312.04 BG: 1 100010011002100310041005100610071008100910101011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 10461047 1048 1049 BG:2 2007 2008 2009 2010 2011 2012 2013 2014 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2062 2063 2064 2065 Tract: 313.02 Tract: 313.06 Tract: 313.07

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GENERAL ACTS AND RESOLUTIONS, VOL. I

Tract: 313.08 Tract: 313.09 Tract: 313.1 0 Tract: 313.11 Tract: 314.04 Tract: 314.05 Tract: 314.06 Tract: 314.07 Tract: 315.01 BG: 1 1010 10111012 1017 BG: 2 2012 2015 2017 2022 2023 2024 2029 2030 2031 2032 2033 2034 BG: 3 BG:4 BG: 5 BG: 6 BG: 7 Tract: 315.03 Tract: 315.04 Tract: 315.05 BG: 1 100010011007 1008 1009 101010111012 1013 101410151016 1017 1018 1019 1020 10211022 1023 BG:2 BG: 3

DeKalb County Tract: 234.04 BG:2 BG:3 3004 3005 3006 3007 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 BG: 5 Tract: 234.05 BG: 1 1005 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1998 BG:2

Douglas County Tract: 801.01 Tract: 802.01

GEORGIA LAWS 2005 SESSION

785

Tract: 802.02 Tract: 803.01 Tract: 803.02 Tract: 805.03 Tract: 805.04 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3999 BG:4 Tract: 805.05 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 102110221023 1024 1025 BG:2 Tract: 805.06 BG:4 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4017 4018 4019 4020 4021 4022 4023 4024 Tract: 806.01 Tract: 806.02

Fulton County Tract: 103.01 Tract: 103.04 BG: 5 5030 5031 5033 5034 5035 5036 5037 5038 5039 5040 5041 Tract: 104 Tract: 105.07 BG: 3 3008 3009 3010 3012 3013 3014 3015 3016 3017 3018 3019 3999 BG: 9 9003 9004 9005 9008 9010 90119012 9013 9014 9015 Tract: 105.08 BG:2 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2026 2027 2028 2029 2030 2031 2032 2033 2034 Tract: 105.09 Tract: 105.10 Tract: 105.11 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 10201021 10221023 1024 1025 1026 1027 1028 1029 1030 1034

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GENERAL ACTS AND RESOLUTIONS, VOL. I

BG:2 BG:4 Tract: I 05.12 Tract: 105.13 Tract: 105.14 Tract: 106.04 BG: 3 3012 3013 3014 3015 3016 3017 3018 Tract: 113.04 BG: I 1030 1033 1034 1035 1036 1041 1042 1043 1048 1049 1060 1061 1063 1064 1065 1066 1067 1068 1069 1070

Henry County Tract: 701.0 I Tract: 701.02 Tract: 701.04 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 10221023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 10341035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 10461047 1048 1049 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1997 1998 1999 BG:2 2018 2021 2023 Tract: 701.05 BG: I 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 103610371038103910401041104210431044104510461047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 II 08 II 09 Ill 0 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1138 1139 1143 1144 1145 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 BG: 2 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2041 2042

GEORGIA LAWS 2005 SESSION

787

BG:3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 Tract: 701.06 BG: l BG:2 200020012002200320042005200620072008200920102011 2012 2013 2019 2020 2021 2022 2023 2024 2999 Tract: 702.01 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 lOll Tract: 703.03 BG: 1 1000

Approved May 3, 2005.

PROFESSIONS-PRIVATE DETECTIVE AND SECURITY AGENCIES; CONTINUING EDUCATION.
No. 147 (House Bill No. 17).
AN ACT
To amend Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to registration by tiw Georgia Board of Private Detective and Security Agencies, so as to authorize the board to establish requirements of continuing education; to provide for conditions, limitations, and waiver; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 43-38-7 of the Official Code of Georgia Annotated, relating to registration by the Georgia Board of Private Detective and Security Agencies, is amended in subsection (c) by striking "and" at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting in its place "; and" and by adding a new paragraph immediately following paragraph (6), to be designated paragraph (7) to read as follows:
'(7) The board shall be authorized to require continuing education as a condition of renewal for all persons required to be registered with the board

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under this chapter. The board shall be authorized to promulgate rules and regulations addressing requirement for continuing education and circumstances for which a waiver ofthis requirement may be granted.'

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May4, 2005.

REVENUE - SALES AND USE TAX; MOTOR VEHICLE SALES; TAX SITUS.
No. 148 (House Bill No. 22).
AN ACT
To amend Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to defmitions regarding sales and use taxation, so as to change the tax situs of certain motor vehicle transactions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1. Code Section 48-8-2 of the Official Code of Georgia Annotated, relating to definitions regarding sales and use taxation, is amended by striking paragraph (8) and inserting in its place a new paragraph (8) to read as follows:
'(8)(A) 'Sale' means any transfer of title or possession, transfer of title and possession, exchange, barter, lease, or rental, conditional or otherwise, in any manner or by any means of any kind of tangible personal property for a consideration except as otherwise provided in subparagraph (B) of this paragraph and includes, but is not limited to:
(i) The fabrication of tangible personal property for consumers who directly or indirectly furnish the materials used in such fabrication; (ii) The furnishing, repairing, or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, repairing, or serving the tangible personal property; or (iii) A transaction by which the possession of property is transferred but the seller retains title as security for the payment of the price. (B) Notwithstanding a dealer's physical presence, in the case of a motor vehicle retail sale or a motor vehicle lease or rental when the lease or rental period exceeds 30 days and when the purchaser or lessee is a resident of this state, the taxable situs of the transaction for the purposes of collecting local

GEORGIA LAWS 2005 SESSION

789

sales and use taxes shall be the county of motor vehicle registration of the purchaser or lessee:

SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Approved May 4, 2005.

SOCIAL SERVICES- CRIMINAL HISTORY INFORMATION; CHILD PLACEMENT OR
PROTECTIVE SERVICES.
No. 149 (House Bill No. 180).
AN ACT
To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to permit the department to obtain criminal history information from adult persons who reside in a home where a child in the custody of the department has been or may be placed or who provide care to a child who is the subject of a child protective services referral, complaint, or investigation; to permit the department to obtain criminal history information based on a name only for a child to be placed under exigent circumstances; to provide for the establishment of a uniform method of obtaining criminal history information; to permit the department to obtain criminal history information based on a name only from the Georgia Crime Information Center; 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 49 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, is amended by striking subsection (b) of Code Section 49-2-14, relating to record search for conviction data on prospective employees, and inserting in its place the following:
'(b) The department may receive from any law enforcement agency conviction data that is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a fmal selectee for employment in a position the duties of which involve direct care, treatment, custodial responsibilities, or any combination thereof for its clients. The department may also receive conviction data which is relevant to a person whom the department, its contractors, or a district or county health agency is considering as a final selectee for employment in a position if, in the judgment of the employer, a final

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GENERAL ACTS AND RESOLUTIONS, VOL. I

employment decision regarding the selectee can only be made by a review of conviction data in relation to the particular duties of the position and the security and safety of clients, the general public, or other employees. Further, the department or any licensed child-placing agency, designated by the department to assist it in preparing studies of homes in which children in its custody may be placed, may receive from any law enforcement agency conviction data that is relevant to any adult person who resides in a home where children in the custody of the department may be placed.'

SECTION 2. Said Code section is further amended by adding at the end thereof new subsections (g) and (h) to read as follows:
'(g) The department may receive from any law enforcement agency criminal history information, including arrest and conviction data, and any and all other information which it may be provided pursuant to state or federal law which is relevant to any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation to the fullest extent permissible by federal and state law, including but not limited to Public Law 92-544. The department shall establish a unifurm method of obtaining criminal history information under this subsection. Such method shall require the submission to the Georgia Crime Information Center of two complete sets of fmgerprint cards together with any required records search fee. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of the fingerprints submitted by the department to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. Such method shall also permit the submission of the names of such adult persons, alone, to the proper law enforcement agency when the department is considering placement of a child in exigent circumstances for a name based check of such adult person's criminal history information as maintained by the Georgia Crime Information Center and the Federal Bureau of Investigation. In such exigent circumstances, the department shall submit two complete sets of fmgerprint cards of those adult persons in the placement home, together with any required records search fee, to the Federal Bureau of Investigation within 15 calendar days of the date of the name based check on that person. Fingerprint cards shall be forwarded to the Federal Bureau of Investigation through the Georgia Crime Information Center. Following the submission of such fingerprint cards, the department may receive the criminal history information, including arrest and conviction data, relevant to such person. In the event that a child has been placed in exigent circumstances, a name based records search has been requested for any adult person of the placement household, and that adult refuses to provide fingerprints after being requested to do so by the department, the child shall be immediately removed from the

GEORGIA LAWS 2005 SESSION

791

placement household by the department, provided that the child is in the custody of the department. (h) Further, the department shall be authorized to conduct a name/descriptor based check of any adult person's criminal history infurmation, including arrest and conviction data, and other infurmation from the Georgia Crime Information Center regarding any adult person who resides in a home where children in the custody of the department have been or may be placed or which is relevant to any adult person who resides in the home of or provides care to a child who is the subject of a child protective services referral, complaint, or investigation without the consent of such adult person and without fingerprint comparison to the fullest extent permissible by federal and state law.'

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 4, 2005.

COURTS- GUARDIAN AD UTEM; TRAINING.
No. 150 (House Bill No. 212).
AN ACT
To amend Code Section 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, so as to require certain training for guardians ad litem appointed for children in deprivation cases; to provide that such training shall not be in addition to current continuing legal education requirements for attorneys; to provide for exemptions in certain circumstances; 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 15-11-9 of the Official Code of Georgia Annotated, relating to appointment of a guardian ad litem for a child in a proceeding in juvenile court, is amended by striking subsection (b) and inserting in lieu thereofthe following:

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GENERAL ACTS AND RESOLUTIONS, VOL. I

'(b) The court at any stage of a proceeding under this article, on application of a party or on its own motion, shall appoint a guardian ad litem for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the child's behalf or if the interests of the parent, guardian, or custodian appearing on the child's behalf conflict with the child's interests or in any other case in which the interests of the child require a guardian. A party to the proceeding or the employee or representative of a party to the proceeding shall not be appointed. In deprivation cases, a person appointed as a child's guardian ad litem must have received before the appointment training appropriate to the role that is administered or approved by the Office of the Child Advocate, and may be an attorney or court appointed special advocate, or both. For attorneys, the preappointment training required pursuant to this Code section shall be satisfied within attorneys' existing continuing legal education obligations and shall not require attorneys to complete additional training hours in addition to those currently required by the State Bar of Georgia. The Office of the Child Advocate shall exempt from the training required by this Code section attorneys who have practiced as guardians ad litem in juvenile court deprivation proceedings for three or more years and, when such determination is made by the court, have demonstrated a proficiency in child representation:

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May4, 2005.

PROPERTY- ABANDONED PROPERTY; DISPOSITION OF DIVIDENDS OR CAPITAL CREDITS.
No. 151 (House Bill No. 431).
AN ACT
To amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the 'Disposition of Unclaimed Property Act," so as to provide for an alternative method of disposition with respect to certain dividends or capital credits which are presumed abandoned; to provide for defmitions; to provide for procedures; to provide an effective date; to repeal conflicting laws; and for other purposes.

GEORGIA LAWS 2005 SESSION

793

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, the "Disposition of Unclaimed Property Act," is amended by adding a new Code section at the end thereof, to be designated Code Section 44-12-236, to read as follows:
'44-12-236. (a) As used in the Code section, the term:
(I) 'Approved uses' means: (A) Donated to an Internal Revenue Code Section 50 I (c)(3) organization serving in the electric membership corporation's service area; (B) Used in support of education in the electric membership corporation's service area; or (C) Used for economic development purposes in the electric membership corporation's service area.
(2) 'Electric membership corporation's service area' means any county in which the electric membership corporation provides electric service and any county adjacent thereto. (b) All patronage dividends or capital credits presumed abandoned pursuant to this article in a given calendar year that are held by an electric membership corporation organized and operating pursuant to Article 4 of Chapter 3 of Title 46 may, in lieu of payment of delivery to the commissioner pursuant to this article, be donated for approved uses if the electric membership corporation has: (I) Maintained for at least six months on the electric membership corporation's website or on a public posting in the electric membership corporation's main office a list of the names and last known addresses of all owners of property held by the electric membership corporation which has been presumed abandoned, together with instructions on how to claim such property; and (2) Published in the legal organ in the county in which the electric membership corporation's main office is located notice of the last date to claim property that has been presumed abandoned. Such notice shall be published within three to six months prior to the last date to claim the property and shall state that the names of the owners may be found at the electric membership corporation's website or the main office."

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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

Approved May 4, 2005.

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GENERAL ACTS AND RESOLUTIONS, VOL. I

REVENUE- SALES TAX EXEMPTION; ENERGY STAR PRODUCTS.

No. 152 (House Bill No. 559).

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 from state sales and use tax only with respect to certain sales of certain energy efficient products for a limited period of time; to provide for a defmition; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use tax, is amended by striking "or" at the end of paragraph (79), by striking the period at the end of paragraph (80) and inserting in its place "; or", and by adding a new paragraph immediately following paragraph (80) to be designated paragraph (81) to read as follows:
'(81 )(A) Purchase of energy efficient products with a sales price of $1,500.00 or less per product purchased for noncommercial home or personal use. The exemption provided by this paragraph shall apply only to sales occurring during a period commencing at 12:01 A.M. on October 6, 2005, and concluding at 12:00 Midnight on October 9, 2005. (B) For the purposes of this exemption, an energy efficient product is any dishwasher, clothes washer, air conditioner, ceiling fan, incandescent or flourescent light bulb, dehumidifier, programmable thermostat, or refrigerator, the energy efficiency of which has been designated by the United States Environmental Protection Agency and the United States Department of Energy as meeting or exceeding each such agency's energy saving efficiency requirements or which have been designated as meeting or exceeding such requirements under each such agency s Energy Star program. (C) The exemption provided for in subparagraph (A) of this paragraph shall not apply to purchases of energy efficient products purchased for trade, business, or resale.
(D )(i) For the purposes of this paragraph, the term 'local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the

GEORGIA LAWS 2005 SESSION

795

'Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 ofthis chapter; by or pursuant to Article 2A ofthis chapter; by or pursuant to Part 1 of Article 3 of this chapter; by or pursuant to Part 2 of Article 3 of this chapter; by or pursuant to Article 4 of this chapter. (ii) The exemption provided for in subparagraph (A) of this paragraph shall not apply to any local sales and use tax levied or imposed at any time. (E) The commissioner shall promulgate any rules and regulations necessary to implement and administer this paragraph.'

SECTION 2. This Act shall become effective July 1, 2005.

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

Approved May 4, 2005.

EDUCATION- GEORGIA VIRTUAL SCHOOL.
No. 154 (Senate Bill No. 33).
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change certain provisions relating to determination of enrollment by institutional programs; to authorize the establishment of the Georgia Virtual School; to provide for rules and regulations; to provide for a Georgia Virtual School grant account; to provide for statutory construction; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional programs, and inserting in its place a new subsection (a) to read as follows:
'(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be

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GENERAL ACTS AND RESOLUTIONS, VOL. I

reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in an eligible institution under the program established in Code Section 20-2-161.1 may be counted for the high school program for only that portion of the day that the student is attending the high school for those segments that are eligible to be counted under this subsection. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date.'

SECTION 2. Said article is further amended in Part 14, relating to other educational programs under the "Quality Basic Education Act," by inserting at the end thereof a new Code Section 20-2-319 to read as follows:

GEORGIA LAWS 2005 SESSION

797

'20-2-319. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student, provided that public school students shall be given priority. The State Board of Education is authorized to promulgate rules and regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses, including provisions allowing for students to participate in such courses in excess of any maximum number of courses allowed per year at a tuition rate to be established by the State Board of Education, and a process whereby a student's grade in the course is reported on the student's transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. (b) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating students would have earned under this article if those students had been in equivalent general education programs in a local school system for that portion of the instructional day in which the students were actually enrolled in a Georgia Virtual School course. The department shall use funds from this grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs of tuition, materials, and fees directly related to the approved courses taken by the students through the Georgia Virtual School. (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title.'

SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

Approved May 4, 2005.

Acts and Resolutions are continued in Volume One, Book Two at Page 798.